“Lifting an Absconding Case After Deportation from Kuwait”
A Philippine-Focused Legal and Practical Guide
1. What “Absconding” Means in Kuwait
| Kuwait Term | Rough Philippine Equivalent | Key Points |
|---|---|---|
| “Absconding” (Arabic: “بلاغ هروب”) | “Run-away” case / AWOL | Filed by a Kuwaiti sponsor with the Ministry of Interior (MOI) stating the worker has abandoned the job or disappeared. Creates a criminal file that triggers arrest, detention, travel-ban, and eventual deportation. |
Legal basis: Arts. 12, 16 & 19 of Kuwait Labour Law No. 6 (2010); Ministerial Decision 200/2011 (domestic work). Effect: Confiscation of civil ID, work permit cancellation, and automatic inclusion in the GCC Immigration Security Database, blocking entry to other Gulf states until resolved.
2. The Deportation Process for OFWs
Absconding report lodged → MOI lists worker as fugitive.
Arrest / surrender → detention at Talha Deportation Centre.
Administrative investigation—chance to contest if employer’s report is false.
Exit clearance & fingerprinting → name placed on Kuwait “blacklist.”
Forced repatriation (ticket normally at worker’s cost if employer refuses).
Philippine post-arrival:
- Airport Assistance Desk (DMW-OAS & OWWA) logs the case.
- Possible inclusion in DMW watchlist if the worker also violated Philippine deployment rules (e.g., left without OEC).
3. Why Lifting the Case Matters
| Consequence if Not Lifted | Practical Impact |
|---|---|
| MOI “blacklist” remains active for lifelong ban (standard) | Denied any new Kuwaiti visa (work, visit, Umrah transit). |
| GCC Interlink flag | UAE, Saudi, Qatar, Bahrain, Oman may reject visa. |
| Philippine watchlist flag | DMW can refuse new Overseas Employment Certificate (OEC), blocking departure even to non-GCC countries in some cases. |
4. Is Lifting Possible After Deportation?
Yes—Kuwaiti law allows cancellation of absconding records and lifting of the deportation order when:
- (a) The sponsor withdraws the complaint; or
- (b) The worker shows the report was malicious or procedurally defective; or
- (c) The worker benefits from a formal Amnesty (e.g., 2020 COVID-19, 2024 Ramadan amnesty).
5. Step-by-Step Roadmap to Lift the Case
| Phase | Action-taker | How |
|---|---|---|
| A. Gather Proof & Authority | Worker (abroad) Philippine Embassy KUW (Assistance-to-Nationals) |
Special Power of Attorney (SPA)—notarised & DFA-apostilled→Kuwait Embassy Manila legalisation → authorises lawyer or friend in Kuwait to act. |
| B. Re-engage Sponsor | Lawyer or embassy labour attaché | Negotiate “Letter of No Objection” (LONO) / “waiver to lift absconding.” Many sponsors ask for financial settlement (unpaid loans, recruitment fees, or a token KD 100–300). |
| C. File MOI Petition | Kuwaiti lawyer (mandatory for court filing) | Submit: (1) LONO, (2) SPA, (3) worker’s passport copy, (4) deportation sheet. Pay fine—KD 10 per day of overstay (capped at KD 600) plus KD 20 administrative fee. |
| D. MOI Decision & e-lifting | MOI Expatriate Affairs | Processing 2-6 weeks. If approved: absconding and blacklist codes erased, new civil ID number generated. |
| E. Immigration Clearance | Worker applies for any new visa | First application usually scrutinised; keep certified copies of lifting order. |
| F. Philippine Side | Worker & DMW Legal | Present Kuwait lifting order to DMW; file sworn explanation to delist from watchlist; attend PEOS & PDOS again; secure fresh OEC. |
Typical Cost Range (2025): KD 400–800 (₱71 000–142 000) inclusive of lawyer, fines, attestations, and courier.
6. Philippine Legal Framework & Assistance
| Law / Agency | Relevance |
|---|---|
| RA 8042 (Migrant Workers Act) as amended by RA 10022 | Requires POLO/DMW to extend legal help to distressed OFWs. |
| RA 11641 (Department of Migrant Workers Act 2021) | DMW Legal Assistance Fund (LAF) can subsidise Kuwaiti lawyer fees on meritorious cases. |
| POLO-Kuwait Standard Employment Contract (2023 edition) | Cl. 22 obliges employer to inform POLO before filing absconding; breach strengthens worker’s defence. |
| 2018 & 2023 PH–Kuwait Labour MOUs | Provide joint committee for dispute settlement; embassy may intercede to request reversal of absconding if malicious. |
7. Common Scenarios & Tips
False Absconding (retaliation) Keep evidence: WhatsApp chats, duty rosters, salary slips. Present during MOI inquiry.
Worker overstayed because employer withheld passport – Embassy affidavit can mitigate fines; Kuwait prosecutors may drop criminal element, turning it into a mere administrative overstay.
Existing Criminal Case (e.g., theft allegation) – Absconding cannot be lifted until the criminal matter is settled or dismissed.
Amnesty Periods – Watch Philippine Embassy FB page; during amnesties fines are waived and blacklist removal is automatic once the worker departs voluntarily before the deadline.
8. Frequently Asked Questions (FAQ)
| Question | Short Answer |
|---|---|
| Can I re-enter Kuwait on tourist visa after lifting? | Yes, but first entry is safer on company-sponsored work visa to avoid discretionary refusal. |
| Is travel to UAE affected after lifting? | GCC system updates usually propagate; carry certified MOI lifting order for at least one year. |
| How long does the lifting stay valid? | Indefinite, unless a new violation occurs. |
| Can DMW still deny my OEC? | Rare. Present lifting order plus new POEA-verified contract; attend PDOS; pay OWWA & PhilHealth. |
9. Practical Advice Before Departure
Pre-employment orientation (PEOS) & PDOS—understand absconding risks.
Keep digital copies of passport, civil ID, and contract outside employer’s reach.
Maintain open communication with POLO & family; early mediation often avoids absconding filings.
Know hotline numbers:
- POLO Kuwait: (+965) 9800-5115
- DMW One-Country Team Philippines: 1348 (from PH)
10. Disclaimer
This article is for general informational purposes based on Kuwaiti labour regulations in force as of June 19 2025 and Philippine statutes cited. It does not constitute legal advice. Individual circumstances vary; always consult a qualified lawyer in Kuwait and the DMW Legal Assistance Service in the Philippines.
By understanding both Kuwaiti procedures and Philippine support mechanisms, a deported OFW can systematically lift an absconding case, clear immigration records, and lawfully seek overseas work again—turning a seemingly permanent ban into a solvable administrative hurdle.