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Transferring to Another Sponsor
An expatriate can usually transfer his residence to a
new sponsor provided his current sponsor is agreeable.
For government employees, domestic servants and
dependants, there are few restrictions on transfers
between sponsors in the same sector.
However the rules governing the right to transfer to a
new sponsor in the private sector are complex. Transfers
are usually restricted to the 'same sector'. Domestic
workers can transfer to the private farming sector under
the same sponsor after one year's residence in Kuwait.
However domestic workers desiring to change their '20
residence' to '18 residence' should cancel their
residence, leave the country and return on a new work
permit. A person on a 'project' visa, i.e. someone who
was hired by a private sector firm for a particular
government project, may not normally transfer to private
sector after the project is completed but could transfer
to another government sponsor.
According to new transfer rules, expatriates working in
the private sector are permitted to transfer residence
to another sponsor after one year with their current
sponsor and his consent. An employee of a liquidated
company, or of a company that has merged with another,
may also transfer without paying this fee, and no matter
how short a time he has been with his current employer.
But before he can change his sponsor a resident
expatriate must obtain a 'letter of release' from his
current sponsor. This letter is used by the new sponsor
to obtain a new work permit for the expatriate. Where a
current sponsor refuses to provide the 'letter of
release', the matter can be taken up with the Labour
Department in the Ministry of Social Affairs & Labour.
Where the Department finds that the employer has no
valid reason for withholding the release, or finds that
the employer has broken terms in the labour contract or
has violated the Labour Law, the Department may sanction
the transfer irrespective of the current sponsor's
wishes.
Where residence is transferred, the expatriate does not
need to leave the country and come back again, nor does
he have to be medically tested. Otherwise formalities to
obtain the new iqama are similar to those for obtaining
residence in the first place. Once these have been
completed, the old iqama is cancelled and the new iqama
stamped in the passport. An expatriate who is not
allowed to transfer his residence under the regulations
may instead, if he wishes to change sponsor, resign his
job, leave Kuwait and return on a fresh work permit. He
or she does not need to return to his/her own country
but can go to any other state in the region.
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