The regulations are designed to enforce strict control over expatriate residency and impose severe penalties for violations related to residency and employment practices.

Summary of Main Regulations:

• Reporting loss or damage of passports: Expatriates must notify the Ministry of Interior within two weeks if their passport is lost or damaged.
• Hotel and Accommodation Reporting: Hotels and providers of furnished accommodations must report the arrival and departure of foreign guests within 24 hours.
• Visit Duration: Expatriates visiting Kuwait can stay for a maximum of three months unless granted an extension or a residency permit.
• Residency Duration: Temporary residency permits are limited to three months but may be extended for up to one year. Regular residency is capped at five years, with exceptions allowing up to ten years for children of Kuwaiti women, and property owners, and up to 15 years for investors.
• Domestic Workers: Domestic workers are not allowed to remain outside Kuwait for more than four months without prior permission from the Ministry of Interior.
• Notification by Sponsors: Sponsors must inform the ministry if a foreigner’s visa expires or if the foreigner overstays their permitted duration.

Penalties for Violations:

• Individuals who fail to comply with the reporting requirements can face fines of up to KD 2,000.
• Hotel managers and transport operators who fail to comply with regulations may face fines of up to KD 400.
• Residency and Visit Violations: Residency violations can result in up to one year in prison and fines of up to KD 1,200. Visit-related violations may incur fines of up to KD 2,000.
• Illegal Entry: Individuals involved in illegal entry may face imprisonment for up to three years and fines up to KD 3,000.
• Employment Misconduct: Employing foreigners unlawfully or failing to pay dues can lead to up to two years in prison and fines of up to KD 10,000.
• Residency Trafficking: Residency trafficking is punishable by up to five years in prison and fines of up to KD 10,000.

Regulations on Visit Visas and Residence Permits:

• Expatriates must have valid travel documents and enter Kuwait through authorized checkpoints. They are required to carry valid residency permits and are not allowed to remain outside the country for more than six months without prior approval. Sponsors are accountable for reporting any violations related to visas or residency.
• Unauthorized employment or permitting expats to work for others without proper authorization is strictly prohibited.

Prohibitions and Penalties

• Residency Trafficking: Exploiting the residency system is punishable by:
  • Up to three years in prison and a fine of KD 10,000.
  • Increased penalties by double for repeat offenders or public officials involved in such activities.
• Illegal Employment and Harboring: Providing shelter or employment to expatriates without valid residency or work permits is prohibited.
• Public Officials: Stricter penalties apply for violations involving public officials acting within their official capacity.

General Provisions:

• Diplomats, heads of state, and other designated individuals are exempt from certain residency requirements.
• The residency regulations are per international agreements signed by Kuwait.
• Transitional provisions ensure that existing regulations remain in force until the new rules are implemented.

This law underscores Kuwait’s commitment to regulating expatriate residency and upholding national security and public order. Its comprehensive provisions are designed to prevent system abuse and protect both the rights of residents and the integrity of the country’s legal framework.

Details of the Chapters and Articles of the New Decree-Law Approved by the Council of Ministers

Chapter One: Entry of Foreigners

• Article 1: Foreigners entering or leaving Kuwait must possess a valid passport issued by their country of origin or recognized authority. Nationals of Gulf Cooperation Council (GCC) countries are exempt from this requirement and may enter using their ID cards, per regulations established by the Ministry of Interior in coordination with GCC member states.
• Article 2: The types of visas and the procedures for obtaining them will be specified in a decision issued by the Minister of Interior.
• Article 3: Citizens of certain countries, as determined by decree and based on the recommendation of the Minister of Interior, may be exempt from visa requirements, provided that reciprocity is maintained.
• Article 4: All entry and exit must occur through designated points of entry, and the procedures established by the Ministry of Interior must be followed.
• Article 5: Captains of ships and aircraft, and drivers of buses and cars, are required to submit detailed lists of crew members and passengers upon arrival or departure. They must report any individuals without valid travel documents to the relevant authorities and prevent them from boarding or disembarking.

Chapter Two: Notification to Relevant Authorities

• Article 6: Foreigners with children born in Kuwait must submit the child’s passport or travel document to the Ministry of Interior within four months to obtain a residency permit or arrange for the child’s departure.
• Article 7: Foreign residents are required to present their passports or equivalent travel documents upon request and must report any loss or damage to these documents within two weeks.
• Article 8: Managers of hotel and furnished accommodations must notify the Ministry of Interior within 24 hours regarding the arrival and departure of foreign guests. Police officers authorized by the ministry will inspect the records, report any violations, and take appropriate legal action.

Chapter Three: Residency of Foreigners

• Article 9: Foreign nationals wishing to reside in Kuwait must obtain a residency permit from the Ministry of Interior.
• Article 10: Kuwaiti citizens can secure residency permits for their foreign spouses. Kuwaiti women, excluding those who acquired citizenship through marriage, may also obtain residency permits for their foreign husbands and children. Widows or divorcees with children from Kuwaiti men are entitled to residency permits.
• Article 11: Foreign visitors may stay in Kuwait for up to three months unless they obtain a residency permit.
• Article 12: Temporary residency may be granted for up to three months, with the possibility of renewal for up to one year. For extended stays, regular residency permits must be obtained, under terms set by the Ministry of Interior.
• Article 13: Foreign nationals may be granted a regular residence permit for up to five years. However, certain groups, including children of Kuwaiti women and property owners in Kuwait, may qualify for permits lasting up to ten years, as determined by the Minister of Interior. Investors, under law No. 116/2013 concerning direct investment, may be eligible for permits lasting up to 15 years.

Chapter Four: Residence Trafficking and Related Crimes

• Article 18: Engaging in residency trafficking is strictly prohibited. This includes exploiting or facilitating the recruitment of foreign individuals by issuing or renewing entry visas or residence permits in exchange for monetary compensation, benefits, or promises.

Chapter Five: Deportation and Exit Regulations for Foreigners

• Article 20: The Minister of Interior is authorized to order the deportation of a foreigner within a specified period, even if the individual holds a valid residence permit, under the following conditions:
  • If the individual lacks a legitimate source of income.
  • If the individual violates the provisions outlined in Article 19 of this decree-law.
  • If the Minister determines deportation is necessary for reasons related to public interest, security, or morality.

Chapter Six: Penalties

• Article 27: The following penalties apply for violations of the specified articles: