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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

I'm an expat working in Kuwait for 3+ yrs on visa...

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I'm an expat working in Kuwait for 3+ yrs on visa 18 transferable residency. Currently I'm on a 2 months extension visa-14 while awaiting the release of my passport renewal. However, my employer found out I filed a shoon case against them due to employment contract issue. Therefore I was informed they will not renew my visa-18 residency anymore. Now I have a pending new employer who's willing to hire me. My questions are: 1) How can I compel my current employer to process my visa 18 residency renewal. 2) Do I have the right to complain if they will not renew my residency because I filed a case against them. 3) Can I get immediate release from my employer given the fact I reached 3+ yrs service already. 4) Can my visa-14 be rectified back to 18 with my pending new employer. 5) How many days it will take to process a visa renewal/transfer because my extension will lapse on Oct 24, 2019 and what implications will there be if I don't get renewal after the date. Thank you for your time.

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,                             

Thanks for joining and trusting us, much appreciated!

We would like to inform you that the below points:

First, forcing the employer to renew the visa, it is known that if the work contract finished then you can’t force the employer to renew the visa unless the contract is renewed. You can go to the labor office and file a complaint against the employer.

Second, filing a complaint against the employer will prevents him from filing an absconding report, and that will prevent him from taking any arbitrary action against you. so if he refused to renew to hurt you, then you can file a complaint against him.

Third, for transferring the sponsorship and the residence

If you want to transfer the
sponsorship to a new sponsor, you can contact the Immigration Department


And to submit a request for
the transfer of sponsorship according to a pre-prepared form and attached to
the request the following documents:
- Civil ID of the previous
sponsor (original and copy thereof)

- Civil ID of the new sponsor (original and copy thereof)

- The civil card of the sponsored person (the original and a copy thereof)

- Passport for the sponsored person

- Tow personal photo

- Adoption of the signature and a copy thereof

- Health insurance policy

 

You can download the form via the following linkSponsorship transfer form

After completing the form, you must pay the prescribed fees and then submit the application with a special file then wait for a decision

Note: If your contract is limited and you want to terminate it before its expiry, you will be obliged to pay compensation to the employer. If the contract is unlimited, you shall give a notice before it’s expiry of the contract to be a legal termination

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Kind Regards

الرد من العميل

just for clarification:Can I get immediate release from my employer or shoon given the fact I reached 3+ yrs service already? And also verbally I was told they will not renew my residency not because of end of service but because I filed shoon complaint with valid grounds against the provisions of my contract.Lastly what remedy I can get if my visa 14-extension expires?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Welcome again!

 

You can get immediate exit\ release without approval from the employer if one of the below situations occurred:

1.      There is legal suit between the Foreign National and his Recruiter

2.      If it is proven that the Recruiter was abusive, or if required by the general welfare.

 

Kind Regards,

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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