KUWAIT CITY, Dec 12:  Major General Ali Al-Adwani, Assistant Undersecretary for Residency and Nationality Affairs at the Kuwaiti Ministry of Interior, announced on Wednesday that the new foreign residency law has been introduced to align with current developments and address longstanding gaps. The previous law, in effect for over six decades, had undergone only minimal amendments.

Speaking on the 60 Minutes program broadcast on Al-Akhbar Channel, Major General Al-Adwani explained that the new law, issued by an Amiri decree on November 28, aims to rectify shortcomings in the older legislation while ensuring justice for expatriate workers and cracking down on residency traders through stricter penalties. He highlighted that the law establishes clear guidelines for the rights and obligations of both workers and employers.

The new residency law, set to be implemented within six months of its publication in the Official Gazette, comprises 36 articles spread across seven chapters. It incorporates significant amendments to benefit citizens and residents alike. Major General Al-Adwani noted that Kuwait has taken steps to comply with international standards, particularly regarding human trafficking, by introducing provisions that reflect global laws and practices.

One key feature of the new law is the extension of residency durations for certain categories. For example, children of Kuwaiti women are granted a 10-year residency with the option of renewal for a similar period, exempting them from fees unless they acquire Kuwaiti citizenship under Article 8 of the Nationality Law.

Additionally, the law allows foreigners to obtain regular residency in Kuwait for up to five years. It also includes incentives for foreign investors, such as granting real estate owners a 10-year residency, determined by a Cabinet decision. Investors are eligible for a 15-year residency to encourage economic activity, while the family visit visa duration has been extended to three months.

Major General Al-Adwani emphasized that Article 17 of the law outlines fees related to residency permits, renewals, and all types of entry visas, subject to decisions by the Minister of Interior. A committee has been formed under the directive of the First Deputy Prime Minister, Minister of Defense, and Minister of Interior Sheikh Fahad Yousef Saud Al-Sabah to ensure these fees align with residents' incomes and services provided.

He expressed concerns over disparities in visa fees between Kuwait and other countries, pointing out that Kuwaiti citizens pay significant amounts to enter certain countries while citizens of those nations pay nothing to enter Kuwait.

The law imposes severe penalties on those who exploit residency regulations, including trading in visas or employing foreigners unlawfully. It prohibits employers or recruiters from misusing visas, delaying payments without justification, or employing workers for purposes other than those specified in their contracts. Foreigners are also prohibited from working for others without the appropriate permissions from the Ministry of Interior or their official employers. Shelter or employment of individuals without valid residency is strictly forbidden.

Violators, including companies facilitating illegal recruitment, face harsh penalties. The law stipulates that companies found guilty of human trafficking or misusing foreign labor may lose their licenses. Responsible officials could face imprisonment for three to five years and fines ranging from KD 5,000 to KD 10,000 (approximately USD 16,200–32,500), with fines multiplied based on the number of violations. Penalties double if the violator is a public employee acting within the scope of their duties or is a repeat offender.

The law also penalizes individuals who obtain work permits in exchange for money or other benefits with up to one year of imprisonment or a fine of KD 1,000 (USD 3,250).

Major General Al-Adwani noted that the Minister of Interior retains the authority to deport foreigners, even those with valid residency permits, if they lack a legitimate source of income, violate the terms of their residency under Article 19, or pose a threat to public interest, security, or morals.