Paid Fees for a Fake Job or Work Visa in Kuwait: How to Get Your Money Back and Who Is Liable

A jobseeker receives a WhatsApp message, sees a sponsored Instagram post, or spots an offer in a Facebook group: "Drivers, accountants and warehouse staff needed for a major company in Kuwait. Attractive salary, housing and transport, residency paid by the company." After a short exchange, he is asked for a sum "to open the file", then another "for the medical test", then a third "to issue the visa" or "to reserve the place". In the end the number is switched off and the account disappears, or a visa arrives with no real job behind it. The pattern repeats itself inside Kuwait and abroad, and its victims include citizens, residents and people in their home countries hoping for work in Kuwait.

Everyone caught in this trap asks the same two questions: Can I get my money back, and who is legally responsible? The answer depends on what actually happened. Was it outright fraud through a fake advertisement with no company behind it? An unlicensed agent or office that took money in the name of recruitment? Or a real employer who brought in workers he did not need and sold them the visas, the practice commonly known as "visa trading" or "residency trading"? Each scenario has a different legal characterisation, a different route to recovery, and different risks for the person who paid.

This article is devoted to that specific situation. It does not repeat the general elements of the fraud offence, which we covered in Fraud and Deception under Kuwaiti Law and Fraud Offences: Elements, Penalties and Defences, nor the sponsorship system explained in The Kafala Sponsorship System in Kuwait, nor investment scams, which have their own article on fake trading and forex platforms. Instead, it focuses on what a person who paid for a job or visa that never materialised actually needs: how the conduct is characterised, where to turn, how to protect yourself, and how to check the next offer before paying a single fils.

The Short Answer

• A job is not something you buy: the rules governing Kuwait's labour market clearly place recruitment and hiring costs on the employer, not the worker, and collecting money from a worker in return for employing or recruiting him is prohibited in principle. A request for "recruitment fees" is a red flag in itself.
• A fake advertisement used to take money is fraud: deceiving a victim into believing that a job, company or visa exists, and using that belief to obtain money, falls within the fraud offence under the Penal Code, Law No. 16 of 1960. Where it is committed online or through social media, the Law on Combating Information Technology Crimes, Law No. 63 of 2015, may also apply.
• File a criminal report first and fast: report to the competent police station or to the Ministry of Interior's cybercrime unit, attaching everything that proves the transfers and the conversations. Notify your bank immediately if you paid by transfer or payment link.
• Administrative complaint where an employer or office is involved: if a registered employer or an office engaged in recruitment is behind the matter, a complaint may in principle be lodged with the Public Authority for Manpower, particularly if you are in Kuwait and hold a work permit on an establishment that has no work for you.
• Recovery and compensation: you can claim the return of what you paid plus damages, either as a civil party before the criminal court hearing the fraud case or through a separate civil action, and you may seek a precautionary attachment on the wrongdoer's assets where the legal conditions are met.
• Serious cases: if the matter involves exploiting the worker, confiscating his passport, forcing him to work or threatening him, it may fall within the Law on Combating Trafficking in Persons and Smuggling of Migrants, Law No. 91 of 2013.
• Be careful about buying a visa: a person who pays for a visa knowing there is no real job behind it may himself end up in a difficult legal position, starting with a breach of residency conditions and possibly ending in deportation.

The Legal Framework

Kuwait has no single statute titled "fake jobs". Protection is spread across several laws that complement one another, each playing its own role in the same set of facts:

• The Penal Code, Law No. 16 of 1960: the basis for criminalising fraud, that is, obtaining another person's property by fraudulent means capable of making him believe something false, such as the existence of a project, a job or a false capacity. It also covers offences that often accompany these schemes, such as forgery and the use of forged documents where the victim is given fake contracts, appointment letters or visas.
• The Law on Combating Information Technology Crimes, Law No. 63 of 2015: criminalises forms of fraud and misappropriation committed through information networks or IT means, and addresses the use of online accounts and websites to deceive people. Since most fake job adverts are now published and run through social media, this law is relevant in most cases.
• The Private Sector Labour Law, Law No. 6 of 2010, and its implementing decisions: governs employment in the private sector, places recruitment costs on the employer, and in principle prohibits taking money from a worker in return for employing him. The Public Authority for Manpower enforces the labour market rules, including oversight of establishments that bring in workers they do not actually need.
• The Domestic Workers Law, Law No. 68 of 2015: regulates domestic work and domestic worker recruitment offices, which are subject to licensing and oversight. Where the facts concern domestic work, this is the closest reference. See our article Domestic Workers' Rights in Kuwait.
• The legislation governing the residence of foreigners: sets the conditions for entry and residence, tackles the practice of bringing in workers without genuine need and leaving them in the market, penalises those who trade in residencies, and may also have consequences for the worker in breach. For the general framework see Residency and Deportation Cases in Kuwait. Because this area has seen successive legislative amendments in recent years, identifying the applicable provision and the level of penalty requires checking the text in force at the time of the facts.
• The Law on Combating Trafficking in Persons and Smuggling of Migrants, Law No. 91 of 2013: comes into play in serious cases where the matter goes beyond taking money to recruiting, transporting or harbouring a person by deception or coercion for the purpose of exploitation. We cover it in detail in Combating Human Trafficking under Kuwaiti Law.
• The Civil Code, Law No. 67 of 1980: the basis for the financial claim: tort liability, recovery of payments not due, unjust enrichment, and compensation for material and moral damage.

These laws do not cancel each other out. A single set of facts can be a criminal fraud, a breach of labour market rules and grounds for a civil damages claim all at once. The lawyer's task is to sequence these routes so that each supports rather than undermines the others.

Substantive Rules

1. Common forms of recruitment fraud

• The purely fake advert: no company, no job, no visa; just a social media account or phone number using a well-known company's name or an invented one, asking for successive payments under different labels and then vanishing. This is the clearest form of fraud.
• Impersonating a real organisation: the fraudster uses the logo of a major company, a government body or a hospital, sends a professionally designed "job offer" with fake signatures, and asks for fees "to complete the process". Fraud may here combine with forgery and impersonation.
• The unlicensed agent or office: a person or office actually carrying on recruitment without a licence and charging jobseekers to "arrange" a job or visa. Sometimes something is delivered, sometimes nothing; either way, the activity is unlicensed and the money is of a kind that may not be taken from a worker.
• Visa selling or "residency trading": a real establishment obtains work permits beyond its actual needs and sells them to workers abroad for large sums. The worker arrives to find no job and no salary, and is told to "manage on his own" in the market while paying a periodic sum. This is the most dangerous form because it affects the worker's own legal status.

2. When is it punishable fraud?

Not every unfulfilled promise of a job is a crime. Fraud rests essentially on three elements: a fraudulent device that goes beyond a bare lie, such as an organised advert, forged documents, impersonation of a company, or accomplices who back up the story; the handing over of money as a result of that deception; and criminal intent to appropriate the money. In fake job schemes these elements are usually plain: the published advert, the designed contract, the alleged visa and the repeated requests under new labels are all external trappings that support the lie and push the victim to pay.

Where a genuine employer actually contracted and then a project failed or a hiring was cancelled for a real reason, the dispute is more likely civil or employment-related than criminal, unless it is shown that he knew from the outset there was no job. The deciding factor is evidence of intent at the time the money was taken, typically inferred from multiple victims, repeated requests, use of personal accounts and disappearance after payment.

3. The general ban on charging workers

Kuwait's labour market regulation treats the worker as the weaker party and the cost of recruiting him as part of the employer's cost of doing business. The rules therefore prohibit, in principle, the employer or anyone acting for him from taking any sum from the worker in return for employing or recruiting him. Two practical consequences follow: a request for "recruitment fees" is itself a strong sign that the offer is unlawful; and money paid on that basis may be claimed back, since it was paid for an obligation that could not lawfully be placed on the worker. The exact provision and the administrative or criminal sanction vary with the type of relationship (private sector employment, domestic work, or a recruitment office) and should be checked with a lawyer against the texts in force at the time.

4. Unlicensed recruitment offices

Recruitment, especially of domestic workers, is subject to licensing and oversight. A licensed office works under regulated contracts and can be held to account administratively. Anyone operating without a licence, or under a licence for a different activity, faces liability for unlicensed activity in addition to criminal and civil liability for money obtained by deception. For the victim, dealing with an unlicensed office removes some administrative protection but does not affect the right to report the crime or to sue for repayment. Warning signs include no fixed premises you can visit, operating only through social media, demands for cash or payment into a personal account, refusal to issue a written contract or official receipt, and exaggerated "guarantees" of a job or visa within days.

5. Residency trading and the risk to the buyer

This is the point many people overlook. A person who pays an establishment owner for a "visa" knowing he will not work there, and that he will work in the market on his own account or for someone else, enters Kuwait on the basis of a sham employment relationship. He may then face several problems:

• Breach of residency conditions: working for someone other than the registered employer, or without a valid work permit, can expose the worker to action under the residency and labour rules and, in some cases, deportation.
• Absconding reports: in any dispute, the establishment owner may file an absconding report against the worker, turning the victim into the one being pursued. See Absence-from-Work Reports in Kuwait.
• Harder recovery: a claim to recover money paid for something the payer knew to be unlawful may meet defences based on unlawful cause, and the court's view will differ depending on whether the payer was deceived or a knowing participant.

This does not mean the worker has no protection; the legislation tends to treat a deceived worker as a victim, especially one who reports promptly and cooperates. But every step needs careful judgement, because a hasty report may expose a residency violation before it protects the worker's rights. For lawful options to move to a genuine employer, see Transferring Sponsorship and Residency in Kuwait.

6. When does it become human trafficking?

The matter goes beyond simple fraud where the perpetrator does not merely take money but recruits, transports or receives the victim by deception, threat or abuse of vulnerability for the purpose of exploitation. Indicators that call for considering Law No. 91 of 2013 include confiscation of the passport or documents, forcing the worker to work unpaid or in a job other than the one promised, restricting freedom of movement, imposing an artificial "debt" for recruitment fees to be worked off, or threats of reporting or harm. Here the issue is not only recovering money but a serious crime carrying special protection for the victim, and whether the law applies depends closely on the facts and evidence.

7. Who is liable?

• The direct perpetrator: whoever ran the advert, dealt with the victim and received the money is criminally and civilly liable.
• Accomplices: anyone who lent a bank account to receive transfers, or lent a name, licence or establishment to add credibility, may be liable depending on knowledge and role. The account holder is often the first thread leading to the perpetrator.
• The establishment on which the visa was issued: if it brought in workers it did not need and took payment, it faces administrative and criminal liability and must return what it received.
• The agent or office: is answerable for the sums it collected and, where applicable, for operating without a licence.

Social media platforms and banks are generally not liable for the fraudster's act, but they hold data that investigators can request, and banks may be liable in specific cases of proven fault. See Bank Fraud and Card Theft in Kuwait.

8. Legal bases for recovery

• Tort liability: fraud is a wrongful act obliging the wrongdoer to compensate the resulting harm, including the sums paid, travel, medical and document costs, and proven moral damage.
• Payment not due and unjust enrichment: money paid without a lawful cause may in principle be recovered from the recipient. See Unjust Enrichment under the Kuwaiti Civil Code.
• Contractual liability: where a written agreement with an office promised a job or visa for a fee and was breached, termination, repayment and damages may be sought, bearing in mind that some such agreements may themselves be unlawful.

A judgment for repayment does not collect itself: enforcement depends on the debtor having identifiable assets in Kuwait, which is why speed in reporting and in seeking precautionary measures matters so much.

Principles of the Court of Cassation

• The Court of Cassation has consistently held that fraud requires fraudulent means capable of misleading the victim about something untrue, and that a bare lie is not enough unless accompanied by external acts or material appearances that support it and induce belief.
• It has also consistently held that whether fraudulent means existed, and their link to the handing over of money, are questions of fact for the trial court, provided its reasoning is sound and grounded in the record.
• It is an established principle that a final criminal judgment is binding on the civil court as to what it necessarily decided regarding the occurrence of the act and its attribution to the perpetrator.
• Compensation covers the loss suffered and the gain missed, where these are the natural result of the wrongful act, and its assessment lies with the trial court provided it sets out the elements.
• A person harmed by a crime may pursue civil claims before the criminal court alongside the prosecution, or bring a separate civil action, subject to the rules on staying civil proceedings pending the criminal outcome.

Methodological note: these principles are stated in general terms reflecting the settled direction of Kuwaiti case law. We do not cite specific appeal numbers or dates, because citing a particular judgment should only be done after consulting its full text in the official collections. Anyone who needs to rely on a specific judgment should verify it with a lawyer.

Practical Steps and Documents

Step 1: Stop paying immediately

As soon as requests for money repeat under new labels, the other side refuses any meeting at real premises, or pressures you with short deadlines, stop. Fraudsters count on the fact that someone who has paid once will pay again rather than lose what he has already paid. Ignore any "final fee to release the visa", and beware of anyone who later contacts you claiming to recover your money for an upfront commission; that is a common second scam on the same victim.

Step 2: Preserve the evidence

• Screenshots of the original advert with the account or page link, username and date.
• Complete conversations, preferably exported rather than as selected screenshots.
• Phone numbers, bank accounts, IBANs and payment links used.
• Transfer receipts and bank statements showing the transactions.
• Any "contract", "offer letter", "visa" or "medical appointment" sent to you, even if forged.
• Names of other victims, if known; multiple victims strengthen the report.

Step 3: Notify your bank

If you paid by transfer, payment link or card, call your bank at once, report the fraud and ask for the report to be recorded. The bank may not be able to reverse the payment on its own authority, but prompt notice can help trace the receiving account.

Step 4: File a criminal report

Report to the competent police station or, where the facts occurred online, to the Ministry of Interior's cybercrime unit, attaching the evidence in chronological order. The matter is referred to the competent investigating authority. The earlier and more specific the report, the better the chance of identifying the perpetrator and securing funds. See Cybercrime under Kuwaiti Law and The Anonymous Instagram Seller on tracing anonymous accounts.

Step 5: Administrative complaint

Where a registered employer or recruitment office is involved, a complaint may in principle be lodged with the Public Authority for Manpower, especially where workers were brought in with no actual work or money was taken from them. Complaint channels change from time to time, so confirm them with the Authority or a lawyer. For the general route, see Filing a Labour Complaint in Kuwait.

Step 6: Civil claim and protecting the funds

Once the responsible party is identified, the financial claim follows, either as a civil party in the criminal case or through a separate civil action. Where there is a risk of assets being moved, a precautionary attachment may be appropriate if the legal conditions are met.

If you are outside Kuwait

Start with a report to the authorities and your bank in your own country. If needed, you can appoint a lawyer in Kuwait through a duly notarised and legalised power of attorney to pursue the report and the claim where the perpetrator or his assets are in Kuwait.

Hypothetical Cases

Case 1: A "major company" job advert on Instagram

Hypothetical facts: a young resident saw a sponsored advert for technical jobs at a "well-known major company". Over WhatsApp he received an "application form" bearing the company logo, paid a "file fee" and then a "medical test fee", after which the number went dead.

Legal analysis: a textbook fraud, using a real company's name and logo and an organised advert as the fraudulent device. Because it took place online, Law No. 63 of 2015 may also be relevant, together with possible forgery or impersonation. Practical route: an immediate report with the receiving account numbers, tracing the account holder, then a civil claim for repayment and damages. The real company is not liable for the impersonator's act, but informing it helps, as it may have received similar complaints.

Case 2: An agent promising a work visa for a large sum

Hypothetical facts: a worker abroad paid an agent a large sum for a "work visa" on a contracting company in Kuwait. The visa was issued, but on arrival he was told there was no job, and that he should find work himself and pay the owner a monthly sum to keep his residency renewed.

Legal analysis: a form of residency trading. The owner who brought in a worker he did not need and took payment faces administrative and criminal liability under labour and residency rules and must return what he received. The worker's position depends on what he knew: if deceived by a promise of a genuine job, he is a victim who can complain and claim; if he knowingly bought residency without work, residency violations may be raised against him. Either way he needs advice before acting, since working elsewhere without proper procedures puts him at risk and the owner may file an absconding report. Passport confiscation, threats or forced periodic payments would raise the question of Law No. 91 of 2013.

Case 3: A "career consultancy" guaranteeing a private-sector job

Hypothetical facts: a Kuwaiti graduate paid a "career consultancy" for a "guaranteed job" in the private sector within two months and signed a contract to that effect. Months passed without an offer, and the office refused a refund, citing a no-refund clause.

Legal analysis: with a real office and a written contract, this may not be fraud unless the office knew from the start it would deliver nothing or made false claims about its connections or results. But she has a strong civil route: termination for non-performance, repayment and damages, while examining whether the office was licensed for this activity and whether the no-refund clause survives the rules of good faith and breach of a fundamental obligation. A pattern of many victims could shift the analysis toward fraud.

Quick Comparison

• Purely fake advert: fraud, possibly with the IT crimes law; urgent criminal report and bank notice; recovery depends on tracing the receiving account; low legal risk to the victim.
• Impersonating a real organisation: fraud possibly with forgery and impersonation; criminal report and notice to the impersonated body; recovery from the perpetrator, not the body; low risk to the victim.
• Unlicensed agent or office: unlicensed activity plus fraud if deception is proven; criminal report, administrative complaint and a repayment claim; recovery possible if identity and assets are known; usually low risk to the victim.
• Licensed office in breach of contract: essentially a civil dispute; demand, then a claim for termination, repayment and damages, plus a complaint to the licensing body; recovery easier given a known entity; no legal risk to the victim.
• Visa sold by a real establishment: breach of labour and residency rules by the owner, possibly trafficking in serious cases; complaint to the Public Authority for Manpower and criminal report as appropriate, after advice; recovery possible in principle but affected by the worker's knowledge; real risk to the worker requiring careful assessment.

Frequently Asked Questions

Can anyone lawfully charge me a fee to employ me?

The principle in Kuwait's labour market regulation is that recruitment and hiring costs are borne by the employer and that taking money from a worker in return for employing him is prohibited. Any request for "processing", "medical" or "visa" fees from a jobseeker calls for great caution.

I transferred money to an individual's account. Can I find out who he is?

Banks generally will not disclose the recipient's details to you because of banking secrecy, but investigators can obtain them once a report is filed. The account number or IBAN is therefore one of the most important items in your report.

The amount is small. Is it worth reporting?

Yes. These fraudsters usually target many victims for small sums, and it is the accumulation of reports that reveals the pattern and leads to the perpetrator.

Can I recover the money from the platform where the advert appeared?

Generally the platform is not liable for the fraudster's act, but reporting the account helps shut it down, and investigators may request its data.

I bought a visa knowing there was no real job. Will I be penalised?

This is delicate. Working for someone other than the registered employer or without a valid permit can expose you to action under the residency and labour rules, possibly deportation. The legislation does tend to protect deceived workers, and the right course depends on your facts. Take no step before consulting a lawyer.

The establishment filed an absconding report because I asked for my money back. What now?

Absconding reports have serious residency consequences, but they can be challenged, particularly where you can show you were never given work or that money was taken from you. Act quickly.

Does the fraud case end if the perpetrator repays?

Repayment does not necessarily erase the offence, but it may affect sentencing and the course of the case depending on its nature and whether waiver is permitted. See Withdrawing a Complaint under Kuwaiti Law.

Should I sue civilly or wait for the criminal case?

You can join as a civil party in the criminal case itself, often the most suitable route in fraud cases. A separate civil action may be stayed pending the criminal outcome. The choice depends on the evidence and the defendant's finances.

The perpetrator is outside Kuwait. Is reporting still useful?

Yes. The receiving account or accomplices may be in Kuwait, and the report records your right and may open the door to judicial cooperation in some cases. Be realistic about how quickly money can be recovered.

When is it trafficking rather than fraud?

When it goes beyond taking money to recruiting or moving a person by deception or coercion in order to exploit him, such as confiscating his passport, forcing him to work or restricting his freedom. Law No. 91 of 2013 is then considered.

How can I verify that a job offer is genuine?

• Look the company up through its official channels, not the link you were sent, and contact it via the number or email on its official website.
• Check that any office you deal with is licensed for recruitment by the competent authority.
• Beware of any payment before hiring, time pressure, unrealistic salaries, and contact only through personal numbers and free accounts.
• Never transfer money to a personal account of someone claiming to be "the company's employee".
• Genuine offers normally involve a real interview and a clear employment contract processed through official procedures.

Can I claim for distress and wasted time?

Compensation covers, in principle, material and proven moral damage as assessed by the court. Material loss includes what you spent on travel, tests and documents because of the false promise.

Is it different for domestic work?

Yes. Domestic workers and their recruitment offices are governed by Law No. 68 of 2015 and its competent authorities, and the complaint route may differ. See Domestic Workers in Kuwait.

Conclusion

A real job is not bought, and that rule alone would protect many people from fake adverts and visa trading. When you are asked for money before you start work, you are most likely dealing with a fraudster or someone breaking labour market rules, and either way what you pay will be the start of a problem rather than a career.

For those already caught, Kuwaiti law provides real tools: a criminal report under the Penal Code and the IT crimes law, an administrative complaint where an establishment or office is involved, a civil claim for repayment and damages, and special protection in trafficking cases. Speed and preserved evidence are decisive.

Cases touching residency, especially purchased visas, need careful assessment before any step, because the wrong move can harm the person trying to recover his rights. This article is no substitute for a review of your own facts and documents.

Legal Notice

This article is general legal information about Kuwaiti law and is not legal advice; it does not create a lawyer-client relationship. The rules described are subject to legislative change and to judicial application to the facts of each case, particularly the residency and labour market rules, which are amended frequently.

If you paid money for a job or visa that turned out to be fake, or face a residency problem because an establishment never gave you work, the team at Yumnaak Law Firm can review your facts, assess the risks, file the criminal report and pursue repayment and compensation. Contact us through our Contact Us page or book an appointment to discuss your case.