Amir approves new residency law

Kuwait: Amiri decree 114/2024 concerning the residency of foreigners was issued on Thursday, introducing 36 articles divided into seven chapters. The decree replaces the longstanding decree 17/1959, which had been in effect for six decades, to address legislative gaps and modern challenges.

The first chapter focuses on the entry of foreigners into Kuwait, stipulating that individuals must possess a valid passport or document from their country’s authorities to enter and leave Kuwait. However, GCC citizens are exempted from this requirement and may use personal identification cards in line with Kuwaiti ministry of interior regulations and agreements with their respective states. Entry and exit must be conducted through ports designated by Kuwait’s ministry of interior.

Chapter two mandates that residents notify competent authorities of any births within Kuwait. Residents must submit the newborn’s passport or travel documentation to obtain residency papers or a leave deadline, with a timeframe of four months from birth to complete the process.

The third chapter outlines the rules governing residency. Foreign residents seeking to reside in Kuwait must obtain residency permits from the interior ministry. Kuwaitis may request residency permits for their non-Kuwaiti spouses and children. However, Kuwaiti women who were granted citizenship under article 8 of Amiri decree 15/1959 due to a previous marriage to a Kuwaiti citizen cannot obtain residency for spouses. Non-Kuwaiti women who were previously married to or widowed by Kuwaiti citizens may apply for residency if they have children from their Kuwaiti spouse.

Visitors on a visit visa must leave Kuwait within three months unless they obtain a residency permit. The decree also addresses domestic workers, requiring employers to notify the interior ministry of a worker’s absence within two weeks. Residency permits for domestic workers may be canceled if they leave the country and remain abroad for over four months without prior approval. Regular residency permits are limited to five years, with a ten-year permit available for children of Kuwaiti women, property owners, and other categories determined by the Interior Ministry.

Chapter four outlines stringent penalties for residency trafficking and related crimes, which are strongly prohibited by Kuwait.

Provisions in the fifth chapter empower the interior ministry to issue deportation orders for foreigners, even those holding valid residency permits, under specified circumstances. A deported foreigner can be detained for up to 30 days, with renewable detention if necessary. Employers or sponsors must bear the expenses of deporting their employees. Additionally, anyone who employs, houses, or harbors a foreigner is responsible for covering deportation costs.

Chapter six gives exclusive jurisdiction to the public prosecution for investigating, prosecuting and acting on residency-related crimes. It also stipulates conditions under which reconciliation may be reached for certain violations of the law.

The final chapter specifies exemptions from the law, including heads of state and their families, diplomats and their families, holders of diplomatic and political passports (based on reciprocity), and others granted special permission by the interior ministry for international courtesy considerations.

Article 34 states that regulations and executive decisions under the old decree (17/1959) will remain in effect until new regulations are issued by the minister of interior within six months of the law’s publication in the official gazette. Article 35 repeals the previous decree and any conflicting provisions, while article 36 tasks ministers with implementing the law and arranging for its publication.