Kuwait Issues New Immigration Law: A Brief Overview

12 min read

The Kuwaiti government recently issued - Opens in new tab a new immigration law, Amiri Decree No. 114 of 2024, on 28 November 2024, regulating the entry and residency of migrants. This law replaces the previous immigration law (Law No. 17 of 1959), which had been in effect for over six decades.

The new law, consisting of 36 articles divided into seven chapters, took effect on 5 January 2025, following its publication in the Official Gazette. Existing executive regulations and decisions under the previous law will remain valid unless they conflict with the provisions of the new legislation. The Ministry of Interior is mandated to issue the necessary implementing regulations within six months of the law's publication.

The new immigration law is not a complete overhaul but builds upon the previous framework, introducing some notable provisions, particularly for domestic workers and to curb visa trading, alongside stricter penalties.

Below are some of the main provisions of the new immigration law compared to the previous law:

Visa Regulations, Extended Visa Validity, and Notification Periods

Under Article 11 of the new law, foreigners entering Kuwait on a visit visa may now stay for up to three months. They must leave the country upon the visa's expiration unless they obtain a residence permit from the Ministry of Interior. Previously, the maximum allowable stay on a visit visa was one month.

Article 6 of the new immigration law stipulates that a foreigner who has a child born in Kuwait must, within four months of the birth, present to the competent authority at the Ministry of Interior the newborn’s passport or travel document to obtain a residence permit or a deadline for leaving the State of Kuwait. Previously, the notification period for newborn cases was set at two months.

Article 7 of the new immigration law mandates that migrants, in the event of loss or damage to the passport or equivalent document, notify the competent authorities within two weeks of the incident. Previously, migrants were required to notify authorities within three days of the incident.

The new immigration law continues to differentiate based on gender. Article 10 stipulates that a Kuwaiti woman can sponsor a residence permit for her foreign husband and children, provided she did not acquire her citizenship through marriage to a Kuwaiti man. Additionally, a foreign widow or divorcee of a Kuwaiti citizen, if she has children from him, is entitled to obtain a residence permit. In a related reform - Opens in new tab, the Kuwaiti government has recently restricted its nationality law to remove automatic naturalisation for foreign wives of Kuwaiti men. The new immigration law specifies that children of Kuwaiti women, along with other categories designated by the Ministry of Interior, will be exempt from residency fees.

Article 13 provides for residence permits of up to 10 years for certain categories, including children of Kuwaiti citizens, real estate owners in Kuwait, and other groups designated by the Minister of Interior. Investors covered under Law No. 116 of 2013, which governs the promotion of direct investment, may be eligible for residence permits of up to 15 years, with regulations to be established by the Council of Ministers.

As per Article 15 of the new law, if a residence permit expires and is not renewed, or if the migrant employee does not secure another residence permit through a different entity, they must leave Kuwait within a period specified by the Ministry of Interior, which cannot exceed six months from the end of their service.

Employees of government entities cannot obtain residence permits with other employers without the consent of the government entity they used to work for. Workers in non-governmental entities require approval from the Ministry of Interior to be granted new residence permits. Employers, whether governmental or non-governmental, are required to notify the Ministry of Interior within two weeks if a migrant employee's service ends or if they leave their employment.

Penalties

The new law enforces strict penalties for engaging in visa trading or sheltering migrants with invalid visas. Under Article 27, anyone violating Article 19 of the immigration law faces imprisonment of up to two years, a fine ranging from KD 5,000 to KD 10,000, or both.

The new law also imposes harsher penalties for overstaying a visit visa (Article 11). Violators may face imprisonment of up to one year, a daily fine of KD 10 ranging from KD 1,000 to KD 2,000, or both. This is a noticeable increase from the previous penalty, which included imprisonment for up to three months and a fine between KD 600 and KD 1,000, or one of these penalties.

The fine for violating Article 6 regarding not registering newborns with the Ministry of Interior has been raised to a fine of not less than KD 600 and not more than KD 2,000. Previously the fine was set at not less than KD 200 and not more than KD 400.

The new law enforces strict penalties for engaging in visa trading or sheltering migrants with invalid visas. Under Article 27, anyone violating Article 19 of the immigration law faces imprisonment of up to two years, or a fine ranging from KD 5,000 to KD 10,000, or both.

Those who violate Article 4 of the immigration law, which states foreigners must enter or leave Kuwait through designated entry and exit points and in accordance with procedures established by the Minister of Interior, and those who violate Article 26 of the law, shall be punished with imprisonment for a period of not less than one year and not more than three years, a fine of not less than KD 1,000 and not more than KD 3,000, or both penalties. In the case of repeat offences, the penalty shall be imprisonment for a period of not less than three years and not more than five years, a fine of not less than KD 3,000 and not more than KD 5,000, or both penalties.

Domestic Workers

The new immigration law introduces Article 14, specifically addressing domestic workers. Under this provision, domestic workers and similar categories may be granted regular residence permits, limited to the duration of their work contracts.

Employers are required to notify the Ministry of Interior within two weeks if a domestic worker absconds from their employment. In such cases, the worker’s residence permit will be cancelled from the date of absconding. However, the Ministry of Interior may issue a new residence permit at its discretion.

The transfer of a domestic worker’s residence permit requires either the employer’s consent or approval from the Ministry of Interior, provided the transfer serves the public interest and complies with the Domestic Workers Law.

Additionally, domestic workers may not remain outside Kuwait for more than four months without prior permission from the Ministry of Interior. Failure to obtain permission will result in the cancellation of their residence permit. For private-sector workers, this allowable period is six months.

Visa Trading

The new immigration law introduces a new chapter (4), dedicated to addressing the issue of visa trading—a practice where sponsors provide visas to migrants in exchange for payment. While commonly referred to as visa trafficking or trading in Kuwait, this practice is more widely known as the "Free Visa" system in other Gulf States.

Article 18 explicitly prohibits visa trafficking, including exploiting or facilitating the recruitment of foreigners under entry permits, residence permits, or their renewal in exchange for financial compensation, benefits, or promises. This prohibition applies to recruitment or renewal for actual, fictitious, or alleged employment, as well as employing foreigners directly or indirectly without authorisation or in violation of the private sector Labour law or Domestic Workers Law.

Article 19 further prohibits migrants from working for any entity without prior permission from their original employer or the competent authorities. Additionally, it strictly forbids third parties from sheltering or employing migrants with expired or invalid residency permits or housing individuals without valid residency in Kuwait.

Deportation of Migrants

The new immigration law amends and clarifies several provisions from the previous law. Article 20 empowers the Ministry of Interior to deport any foreigner, even if they hold a valid residence permit, within a specified period under the following circumstances:

If they lack a legitimate source of income.
If they violate the provisions of Article 19 of the law.
If the Minister of Interior determines their deportation is necessary for the public interest, security, or morals.

The new law replaces the condition of deportation based on a court's decision following a conviction with deportation for violations of Article 19, which prohibits working for an entity without authorisation or sheltering and employing individuals with expired or invalid residency permits. This indicates that the practice of administrative detention and deportation will persist. There are also no provisions in the new law to assess whether detained migrants are victims of trafficking or labour abuse by their sponsors.

Resolutions, settlements, and fines under the new regime

The Ministry of Interior (MOI) recently announced - Opens in new tab that under the new regulations, migrants holding visas under Articles 17, 16, and 20 whose residency has been cancelled due to absconding may apply to regularise their status and obtain a new residency permit, subject to Ministry approval. A fine of KD 2 per day applies for delays during the first month, increasing to KD 4 per day thereafter, calculated from the date of residency cancellation. The total fine for such violations is capped at KD 1,200. A similar fine applies to migrants with expired or non-renewed residency permits, as well as those who exceed the specified duration of temporary residency while remaining in the country. However, the MOI has not clarified whether workers in such cases are eligible to obtain a new permit.
Domestic workers with expired residency permits who fail to renew their permits or leave the country are fined KD 2 per day, with a maximum fine capped at KD 600. However, the Ministry of Interior has not clarified whether domestic workers in such cases are eligible to obtain new permits after paying the fine. The Ministry also failed to address the fact that only employers have control over the renewal of permits.
Migrants who fail to register newborns can rectify their status by paying a fine of KD 2 per day for delays within the first month, which increases to KD 4 per day thereafter, with a maximum fine capped at KD 2,000. Similarly, visit visa violators can regularise their status by paying KD 10 per day for each day of violation, also capped at KD 2,000.

The new immigration law provides clearer guidelines on who is responsible for covering the expenses of deporting migrants from Kuwait. Article 24 states that “the breadwinner or employer is obligated to bear the costs of deporting or expelling a foreigner from the country.” Additionally, anyone who employs, harbours, or shelters a foreigner in violation of Article 19 is also responsible for these expenses.

The article further specifies that, if available, the Minister of Interior may authorise deportation costs to be deducted from the migrant’s own assets.

Concluding remarks

The new law primarily builds on the existing framework of temporary migration, continuing to delegate oversight and responsibility for migrant residency to sponsors rather than safeguarding the rights of migrants and their families.

Immigration law plays a critical role in shaping the vulnerabilities that migrant workers face in their working conditions. A critical issue is the disconnect between Kuwait’s immigration and labour laws. While migrants with valid residency can generally access provisions stipulated in the labour law, these protections disappear or become limited if their residency status becomes irregular.

The new law maintains the conditions of the sponsorship system, reinforcing the unequal and vulnerable dynamic between migrants and their sponsors.

Comparison of old and new provisions

Category	Old Provision	New Provision
Visit Visa Regulations	Visit visas allowed a maximum stay of 1 month.	Visit visas now allow a maximum stay of 3 months.
Newborn Registration	The notification period for registering a newborn was 2 months. Failure to register results in fines of KD 200–400.	The notification period extended to 4 months; failure to register results in fines of KD 600–2,000.
Passport Loss Reporting	Migrants were required to report passport loss within 3 days.	Migrants must now report passport loss within 2 weeks.
Gender-Based Provisions	Kuwaiti women could sponsor their foreign husbands and children under limited conditions.	Retains conditions for sponsorship and removes automatic naturalisation for foreign wives of Kuwaiti men.
Residence Permits	Permits were issued with shorter durations and limited categories.	Residence permits are extended up to 10 years for certain categories (e.g., children of Kuwaitis and real estate owners); investors are eligible for permits of up to 15 years.
Domestic Workers	No dedicated articles addressing domestic workers.	Introduced Article 14, requiring employer notification for absconding cases and limiting stay outside Kuwait to 4 months without permission.
Visa Trading	Visa trading regulations were minimal or inconsistently enforced.	Explicit prohibition under Article 18; strict penalties for unauthorised recruitment, visa trading, and employing migrants without authorisation.
Deportation	Deportation required a court decision following conviction.	The Ministry of Interior can deport migrants for violating Article 19 or for public interest without a court decision.
Employer Responsibilities	Employers were responsible for reporting terminated employees but with minimal enforcement.	Employers must notify the Ministry within 2 weeks of employment termination and bear deportation costs for non-compliance with residency laws.
Penalties	Fines and imprisonment were less severe for visa trading and overstays.	Increased penalties: Visa trading violators face up to 2 years imprisonment and KD 5,000–10,000 fines; overstayers face fines of KD 10 per day, up to KD 2,000.

Have you had a similar experience?

Please reach out, we would love to hear from you relating to your experience on this topic.
Your anonymity is important to us and all personal information will remain private.