How to Transfer Domestic Worker Residency in Kuwait?

If you are considering transferring a domestic worker's residency from a previous sponsor to your sponsorship, the process is possible but subject to specific approvals and conditions regulated by the General Directorate of Domestic Labour Affairs. This is a concise guide to what you need to know before you begin.

Quick Answer

Transferring a domestic worker's residency in Kuwait is handled through the General Directorate of Domestic Labour Affairs at the Ministry of Interior. It requires the previous sponsor's consent in standard cases, or the formal termination of the contractual relationship. The worker must not be reported as an absconder, and the new sponsor must meet the eligibility criteria for employing domestic workers (income, household composition, and no excess labour). The basic transfer fee is KD 50, which may increase in cases of voluntary transfer outside the contractual period. The governing legislation is Law No. 68 of 2015 on Domestic Labour.

When Is a Domestic Worker's Residency Transfer Permitted?

Transfer is not an absolute right. Law No. 68/2015 and its executive regulations set out specific circumstances in which a transfer application will be accepted:

• Written consent from the current sponsor (voluntary release), which is the most common route.
• Expiry of the contract without renewal, where the worker wishes to remain with a new sponsor.
• Death of the sponsor or dissolution of the household in which the worker is employed.
• A ruling from the Domestic Labour Dispute Resolution Committee in favour of the worker in a dispute with the sponsor.

Without one of these pathways, the application will not be accepted. If the worker has an active absconding report filed against them, that report must first be cancelled before any further step can be taken. This particular point is frequently overlooked, costing applicants several weeks.

Requirements for the New Sponsor

Before proceeding, confirm that you are eligible to receive a domestic worker in the first place. The general conditions applied by the Directorate include:

1. Minimum monthly income: The sponsor is generally required to earn no less than approximately KD 500 per month, which may vary depending on the number of workers sought.
2. Household composition: A single person may sponsor one female worker under certain conditions; a married person may sponsor more depending on the number and ages of children.
3. No existing domestic worker whose presence would exceed the permitted quota.
4. No open violations or absconding reports filed under your name.
5. Settlement of any outstanding fees or fines on your file.

These conditions are verified electronically through the Sahel application or the Ministry of Interior's website before submitting the transfer request.

Practical Steps to Transfer a Domestic Worker's Residency

The procedure is now largely electronic. The standard process is as follows:

1. Obtain the Release Consent The previous sponsor logs into their Sahel account and submits a release request in favour of the new sponsor, providing the new sponsor's civil ID number. Alternatively, a notarised release document may be executed at the General Directorate of Domestic Labour Affairs.

2. Submit the Transfer Application The new sponsor completes the application through Sahel and attaches:

• A copy of the sponsor's civil ID.
• The worker's passport and a copy of the current residence permit.
• A new employment contract in accordance with the model approved by the Directorate.
• A salary certificate or other proof of income.

3. Medical Examination The worker undergoes a medical examination at an accredited centre if required (typically when the residence permit is being renewed simultaneously with the transfer).

4. Pay Fees and Issue the New Residence Permit The basic fee is KD 50, plus annual health insurance fees (approximately KD 130 for a resident) and the new civil ID card issuance fee (KD 5). If all documents are in order, the actual processing time ranges from one to three weeks.

Note: A release during the first year of the contract may require the new sponsor to reimburse the original sponsor for recruitment costs (flights, agency fees, medical tests). This matter is settled between the two parties before the release document is signed; the Directorate does not intervene unless a dispute arises.

When Do You Need the Dispute Resolution Committee?

If the current sponsor refuses to grant a release without acceptable grounds, retains the worker's passport, or withholds wages, the worker (or their legal representative) has the right to file a complaint with the General Directorate of Domestic Labour Affairs – Dispute Resolution Section. The committee first attempts an amicable settlement; if this cannot be achieved within a reasonable period (usually two weeks to one month), the case is referred to the competent Labour Court.

In such circumstances, a ruling may be issued authorising the transfer of the domestic worker's residency without the original sponsor's consent. Law No. 68/2015, in the articles governing termination of the contractual relationship, protects workers from exploitation; however, the burden of proving abuse rests with the party alleging it. Retain all messages and receipts.

For more on domestic workers' rights, see Kuwait Labour Law Q&A.