MPs CRAFT FAMILY-FRIENDLY CHANGE TO RESIDENCY LAW

KUWAIT CITY April 7

A number of lawmakers submitted a draft bill on Sunday that amends the Foreigners Residency Law to enable expatriates to acquire and renew their dependency visas in Kuwait more easily. This is especially for expatriates who have children with Kuwaiti men or women, or are children of Kuwaiti women.

The proposed law also allows residents to be out of the country for more than six months without worrying about the cancellation of their visa.

The first article of the proposed law cites: "Foreigners wishing to reside in Kuwait must receive a residence permit from the General manager of the General Department of Immigration, or his authorized representative, and the residence permit and its renewal must be granted to:

1. The foreigner (male) who is married to a Kuwaiti woman, and the residence may not be dropped or cancelled if the marital relationship ends and the foreigner has children from his Kuwaiti wife.

2. The foreigner (female) who is married to a Kuwaiti man, and the residence may not be dropped or cancelled if the marital relationship ends and the foreigner has children from her Kuwaiti husband.

3. The foreigner (male) with one of his children being of the same nationality and holds a valid residency, and there is no martial relationship with a Kuwaiti woman. 

4. The foreigner (woman) with one of her children being of the same nationality and holds a valid residency, and there is no martial relationship with a Kuwaiti man.

5. The foreigner with a parent who has a valid residency.

6. The foreign son or daughter of a Kuwait woman (regardless of age).

The second article of the proposed law cites: "A foreigner with a valid residency is allowed to be absent out of Kuwait for (a period that is as long as) the duration of his residency and the residency is not dropped. He has the right to return to Kuwait during anytime as long as his residency is valid."
As per the current law, "a residence visa is cancelled if the holder is absent abroad for a continuous period of six months. The only exceptions are for those who are studying abroad, are receiving necessary treatment abroad, or are required by virtue of their work to be abroad. However, permission in all three cases must be obtained before leaving Kuwait".
The residency of sons of expatriates and Kuwaiti women are also cancelled once they reach the adult age of 21, as per the current law.

The proposed amendments were submitted by MPs Nabil Al-Fadhl, Abdulhamid Dashti, Hani Shams, Faisal Al-Kandari and Abdullah Al-Maayouf.

The proposal also stipulates that the renewal of visas for abovementioned criteria is not subject to the considerations of the concerned authority and cannot be rejected.

The lawmakers explained that the Foreigners Residency Law has become complicated in its implementation since it was formed in 1959. This is due to the numerous amendments on the law that have hindered the process of Kuwait becoming a financial and commercial center.

"For example, it is not feasible that (foreign) adult sons of divorced or widowed Kuwaiti women are forced to leave the country if they could not acquire a work permit," they explained in the proposal.
The lawmakers added that it is not feasible as well "that the residence permit of a foreign family man with a Kuwaiti wife is cancelled if he is obligated to leave the country for more than six months for study or medical treatment."

They further explained the amendment will solve Kuwait's commercial problems as it will make it easier for foreigners to do business in the country.

Meanwhile, MPs Abdulrahman Al-Jeeran , Saad Al-Boos and others proposed an amendment to the Penal Code to punish those who practice any form of witchcraft and sorcery with a provisional jail term of 10 year and fine of not less than KD 5000. The penalty is increased to 15 years in jail if the practice caused physical or psychological harm.

In other news, MP Safa Al-Hashem said on Sunday that she and fellow colleagues will submit a draft law that proposes the cancellation of the current national Kuwait Transparency Society and form one with Kuwaiti members that do not belong to any political sect, "especially the Muslim Brotherhood sect that is hostile to Kuwait".

On his part, MP Yaaqoub Al-Sana' proposed reducing the penalty against the parents and grandparents who kidnap their children who are not in their custody as per law.

© Arab Times 2013