The introduction of the Amiri Decree 114/2024 represents a significant reform in the regulation of foreign residency in the State of Kuwait. The 2024 Decree supersedes Decree 17/1959—a law which was in effect for six decades. The overall objective of the Decree is to address legislative gaps in order to tackle modern challenges that Decree 17/1959 was unable to mitigate. However, it is indicated in the new decree that Amiri Decree No.17/1959 will continue to operate until regulations and decisions are issued and implemented by the Minister of Interior within a six months period. This work describes the main parts of the new Decree in order to highlight some of the main immigration issues facing Kuwait today and points of contention between Decree 114/2024 and Decree 17/1959. 

Chapter 3 of Amiri Decree 114/2024 concerns the residency of foreigners with the main objective of obtaining a residency permit from the Interior Ministry. Article 10 focuses on residency permits for the spouses of Kuwaiti nationals. Specifically non-Kuwaiti women who have been previously married or widowed to Kuwaiti citizens and had children from a Kuwaiti national are entitled to apply for residency. Although Article 10 introduces new conditions for Kuwaiti women, non-Kuwait wives and their husbands, on 11 December 2024, First Deputy Prime Minister, Minister of Defense, and Minister of Interior, Fahad Yousef Saud Al-Sabah, announced the abolishment of Article 8 in Decree 15/1959. It was similar to Article 10 in Decree 114/2024, which granted citizenship to foreign nationals, mainly women. Fahad Yousef Saud Al-Sabah sites the abolishment of Article 8 to prevent purchasing loyalties, national authorities to crack down on forged citizenships, and preserve Kuwait’s national identity. Instead, the new reform entails a 15-year residency for non-Kuwaiti wives of Kuwaiti citizens. This change raises questions about the compatibility of Decree 114/2024 with Kuwaiti Nationality Decree 15/1959.

The contention between the two Decrees not only pertains to Article 8, but also to Articles 9 and 10 from Decree 15/1959, which were annulled due to cases involving dual citizenship. These articles previously stipulated that non-Kuwaiti women and Kuwaiti women could lose their Kuwaiti citizenship if they acquired another nationality. This ambiguity between which decree should take precedence—Decree 114/2024 or Kuwaiti Nationality Decree 15/1959—creates confusion and potential legal challenges for foreign residents.

The Interior Ministry reported 408 cases of false statements, fraud, and forgery, which prompted under Decree 15/1959, Article 21 bis A, to revoke nationality certificates. Also, Chapter 4 concerns residence trafficking and related crimes. Article 18 strictly prohibits residency trafficking, which includes exploiting or facilitating the recruitment of foreign individuals by either issuing or renewing entry visas or residence permits in exchange for quid pro quo. Then, Article 19 specifies that employers should not withhold workers’ wages and that foreign workers must not work for any other employer other than their designated sponsors. In all cases, it is prohibited to shelter a foreigner whose residency permit has expired or does not possess valid documents to reside in Kuwait. The current trajectory of Kuwait Foreign Residency Law and Kuwaiti Nationality Law reflects a strong judicial push against illegal activities regardless of whether one is a Kuwaiti national or foreign national. Decree 114/2024 reinforces Kuwaiti Nationality Law in tackling modern challenges on the themes of worker exploitation, fraud, forgery, false statements, and quid pro quo agreements. 

This theme is reflected in Chapter 5 related to deportation and exit regulations for foreigners. Article 20 states that the Minister of Interior is authorised to order the deportation of foreigners within a specified period regardless of whether the foreigner holds a valid permit it is under the condition of lacking legitimate source of income. Furthermore, Article 22 permits the detention of a foreigner subject to deportation for up to 30 days, with the possibility of renewal if there are obstacles preventing the individual from leaving the country. For this, Kuwait has implemented measures on ensuring the legitimation of foreign nationals or face direct consequences. This entails Chapter 6 which defines the penalties. For example, article 28 states that anyone found in violation of Article 18, engaging in residency trafficking, are subject to three to five years imprisonment or a fine.​​ Chapter 7 is about general provisions and penalties for residency trafficking with Article 29 which states that public prosecution has exclusive jurisdiction to investigate, act, and prosecute crimes resulting from residence trafficking. 

The First Deputy Prime Minister, Minister of Defense, and Minister of Interior, and chair of the Supreme Committee for the Investigation of Kuwaiti Nationality, Fahad Yousef Saud Al-Sabah have continued to intensify its crackdown under both Decree 114/2024 and Decree 15/1959. December 2024 estimated around 2,899 individuals are expected to lose their Kuwaiti citizenship and as of August 2024 the total number of citizenships that have been revoked is around 12,000. Overall, the introduction of Amiri Decree 114/2024 intends to reinforce Amiri Decree 15/1959, however, it seems at times it is at odds with one another in terms of revoking certain articles.