Foreigners can successfully and peacefully work and reside in Kenya, as long as a work and residence permit has been obtained. A work or residence permit is issued to allow a person to lawfully work and live in a particular country. The Ministry of Immigration in the Republic of Kenya issues the work/ residence permits to Non-Kenyans wishing to engage in employment in Kenya whether in gainful employment or voluntary service.
The Kenya Citizenship and Immigration Act, No. 12 of 2011
provides for matters relating to immigration such as the issuance of
work/residence permits, and this is specifically provided under Section 40 of
the Act. The main offices are located at Nyayo House in Nairobi. Foreigners
engaging in any work in Kenya without a permit are committing an offense and
can lead to immediate deportation and a ban from ever returning to Kenya.
This article shall focus on the process of obtaining a
permit and the various types of work/residence permits in Kenya.
POINTS TO NOTE WHEN APPLYING FOR A PERMIT.
The key points to note when intending to apply for a permit
are as follows:
1. The kind of business/investment/employment/residence you intend to get
involved in determines the type of permit to be issued
2. Proper documentation in regard to the kind of work you
intend to carry out in Kenya is not optional and all necessary licenses or
authority to undertake the work should be provided
3. The work intended to be carried out should be legal in Kenya
The permits are classified from Class A to M and are issued
in accordance with the Kenya Citizenship & Immigration Act 2011 of the Laws
of Kenya.
PROCESS OF APPLICATION
The process commences at the application stage which is facilitated by the
Department of Immigration on the Kenyan Immigration portal
(https://fns.immigration.go.ke/). This is the official digital payments
platform that enables foreign nationals to access and pay government services
online. One thus needs to first set up an account through the following link
https://fns.immigration.go.ke/
An application form provided on the platform needs to be
duly filled. Depending on the category or class of permit, the following need
to be provided as you fill the relevant application form. This applies to all
types of permits:
- Cover
letter from employer/self/organization; depending on the class
- Copies
of the National Passport
- Two
recent colored passport size photographs
- Application
fees upon receipt of approval of the application
The duly completed application forms are then submitted.
Work permits are issued for a period of two years and so
applications for renewal herein ought to be done three months prior to the
expiry date. This is for purposes of giving the department ample time to
properly verify the application so that the renewal can happen systematically.
If employment or work comes to an end before the expiry of the work permit, the
person will be required to surrender the work permit and the foreigner’s
certificate to the immigration offices and then go back to his/her home
country.
If the documents are in foreign languages they should be
translated into English by either the Embassy, Public Notary, or authorized or
recognized institution.
TYPES OF PERMITS
1. CLASS A (Mining permits)
This permit is issued to persons who are planning to engage
in prospecting for minerals or mining. The necessary licenses and registrations
should be obtained. This can be obtained by inquiring with the State Department
of Mining and registering for access to the Mining Cadastre Portal in person.
Further instructions are provided for in the aforesaid entities. A processing
fee of Kshs. 10,000 should be paid when applying for this permit. A copy of the
Kenya Revenue Authority PIN certificate and current license will be required
when renewing the permit.
2. CLASS B (Agricultural investors)
This one is issued to persons who intend to invest in
Agriculture and Animal Husbandry. This involves farming generally and the
business of raising livestock for food or other products and includes
day-to-day care and selective breeding.
Requirements in applying for this permit include;
- Proof
of land ownership or leasehold interest in land for purposes of carrying
out the business herein,
- Proof
of capital available for the purpose and clearance from relevant bodies.
Also, a fee of Kshs. 100,000/= should be paid annually.
3. CLASS D (Employment permits)
This type of permit is issued to those who are offered
specific employment by specific employers qualified to undertake that
employment and whose engagement in that employment is beneficial to Kenya.
Applying for this permit requires the applicant to produce copies of
academic/professional certificates along with the curriculum vitae, evidence
that the organization failed to fill the vacancy from the local labor market,
form 25 duly filled, signed and sealed by the company employing. A processing
fee of Kshs. 10,000 should be paid; this fee is non-refundable.
The annual fee for the permit is USD 2000 which translates
to Kshs. 200,000 and the permit lasts for a period of two years. The applicant
may also be required to provide a security bond amounting to Kshs. 100,000/=
for a period of three years. This amount should be submitted together with the
permit fee.
Employer and Employee Tax Compliance Certificates are required when renewing
the permit.
4. CLASS G (Investor Permits)
This permit is issued to investors is specific trade, business, or consultancy.
The investor may intend to invest alone or in partnership in a particular
business or consultancy. He/she should obtain the necessary license or
authority necessary to carry out the purpose, should have sufficient capital or
resources to invest in the intended area and this investment should be beneficial
to the Republic of Kenya.
Proper documents regarding the company or business should be
provided; for instance, certificate of incorporation, articles of association,
copies of PIN certificate, and shareholding certificate also known as the CR12.
The investor should provide two copies of bank statements,
valid organizational tax compliance certificate, and also documentary proof of
capital to be invested and this should be at least USD 100,000. He/she should
indicate current immigration status if in the country already. All this
information is required at the application stage.
When renewing the permit, audited accounts for the previous
2years and certificate of tax compliance from Kenya Revenue Authority are
required.
The processing fees in this case is Kshs. 10,000/= and it is nonrefundable and
Kshs. 100,000/= payable annually as the work permit fees.
5. CLASS I (Members of missionary societies)
This permit is issued to a member of a missionary society approved by the
Government of Kenya and whose presence is beneficial to the country. It is also
referred to as the permit regarding approved religious or charitable
activities. This missionary society should be registered under the Society’s
Act.
The applicant should provide a copy of the registration certificate
of the organization, his/her academic and professional certificates, and the
non-refundable processing fee of Kshs. 1,000/=. The applicant should also
indicate the current immigration status if in the country already. In addition,
the applicant should provide a valid organization Tax Compliance Certificate,
and when renewing the permit he/she should provide both organization and
individual Tax Compliance Certificates from Kenya Revenue Authority.
The annual work permit fee is Kshs. 5,000/=.
6. CLASS K
It is a residence permit issued to those who have an assured income derived
from sources outside and have agreed to not accept paid employment of any kind.
Also known as Ordinary Residents’ Permit.
The applicant should not be less than thirty-five
years of age, have an assured annual income of not less than USD
24,000/= derived from sources outside and will be remitted to Kenya, or is
derived from pension or annuity payable from sources in Kenya. The applicant
should not accept employment or engage in any work without a permit and whose
presence in Kenya will be of benefit to Kenya.
The processing fee is Kshs. 10,000 and is non-refundable as
well. The annual work permit fee is Kshs. 100,000/=.
7. CLASS M (Refugees)
This one is issued to Conventional Refugees. The applicant should provide
recognition letters from UNHCR and Department of Refugees Affairs and indicate
the current immigration status. A valid organization Tax Compliance Certificate
should be provided too, upon renewal the individual Tax Compliance Certificate
should be provided in addition to the one for the organization as issued by the
KRA. There is no charge for the processing fee and the permit.
Dependant Pass
Section 36 of the Citizenship and Immigration Act 2011 provides
that passes shall be issued by immigration officers in such manner as shall be
prescribed in regulations.
Section 27 of the Citizenship and Immigration
Regulations of 2011 (Rev. 2018) stipulates that a person who is Kenya lawfully,
is a Kenyan citizen, a person to whom Section 34(3) of the Act applies, has a
work permit or is a permanent resident may apply on behalf of his/her dependant
for a pass as stipulated in the regulations.
The immigration officer shall only issue a pass once he/she
is satisfied that the ‘dependant’ indeed depends on the applicant, that the
person is a spouse or a child of the applicant, that the applicant is able to
sufficiently take care of the dependant while in the country, and that the
applicant has observed any other key requirement as provided by law.
Upon completion of the application of the Dependant pass, the
applicant is required to pay Kshs. 5,000/= and the pass is valid for the period
of the work permit
CONCLUSION
In conclusion, the digitization of processes has made it
easy for foreign nationals to apply for various permits in Kenya. Should you
encounter any challenges in the process, please feel free to reach out to us
for immediate assistance.