Kenya
Answer ... The main work permits are listed from Class A to M, as set out in the Kenya Citizenship and Immigration Regulations, 2012. They include:
- employment permits;
- work permits issued for specific sectors such as agriculture and animal husbandry, prospectors for minerals and specific manufacturers;
- investor or business permits;
- retiree permits; and
- refugee permits.
The Class D employment permit and the Class G investor permit are the most common permits.
Exemptions: Special ministerial exemptions include permits issued to any person or class or description of person exempted by the cabinet secretary from the requirement to obtain a work permit by notice in the Gazette (Section 34 (3)(g) of the Kenya Citizenship and Immigration Act, 2011).
People with documented refugee status can also obtain a Class M work permit at no financial cost.
Restrictions: While there are no explicit restrictions based on sector, activity or linguistic ability that prevent migrants from applying for a Class D work permit, employers must prove that no Kenyan citizen with the required qualifications was available for the same position. Employers must also prove that they have an understudy – that is, a Kenyan employee designated to learn via apprenticeship from the incoming foreign employee to obtain the qualifications lacking for that position.
Kenya
Answer ... The maximum duration for each type of permit is five years. No permit will be issued or renewed under the Kenya Citizenship and Immigration Act for a period exceeding five years from the date of issue or renewal, as the case may be. The prevailing understanding is that the employer must hire a Kenyan citizen as an understudy to take over from the foreign national once his or her permit expires. The best way to obtain an extension is to justify why this is not the case.
Kenya
Answer ... Class A licence to prospect for minerals: Class A licences are issued to persons:
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who:
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- intend to engage, whether alone or in partnership, in prospecting for minerals or mining in Kenya;
- have obtained a prospecting or mining right or licence that may be necessary for that purpose; and
- have in their own right and at their full and free disposition sufficient capital and other resources for the purpose; and
- whose engagement in the prospecting or mining will be of benefit to Kenya
Class B - agriculture or animal husbandry: Class B permits are issued to persons:
- who intend to engage, whether alone or in partnership, in the business of agriculture or animal husbandry in Kenya;
- who have acquired or obtained all permissions that may be necessary to acquire an interest in land of sufficient size and suitability for the purpose;
- who have in their own right and at their full and free disposition sufficient capital and other resources for the purpose; and
- whose engagement in that business will be of benefit to Kenya.
Class C – prescribed professions: ‘Prescribed professionals’, as set out in the Kenya Citizenship and Immigration Regulations, 2012, are:
- doctors;
- dentists;
- legal professionals;
- surveyors;
- estate agents;
- valuers and land agents;
- architects and quantity surveyors;
- pharmacists;
- veterinary surgeons;
- engineers;
- nurses;
- physiotherapists;
- accountants;
- chartered secretaries;
- actuaries;
- scientists; and
- information and communication technology experts.
Class C permits are issued to members of a prescribed profession:
- who intend to practise that profession, whether alone or in partnership, in Kenya;
- who have in their own right and at their full and free disposition sufficient capital and other resources;
- who are registered with the professional body, association or institute to which they belong in their own country; and
- whose practice of that profession will be of benefit to Kenya
Class D – employment by a specific employer, the government, the United Nations or other approved agencies: These permits are issued to persons:
- who have been offered specific employment by a particular employer, the government of Kenya or any other person or authority under the control of the government, or through an approved technical aid scheme under the United Nations or some other approved agency;
- who possess skills or qualifications that are not available in Kenya; and
- whose engagement in that employment will be of benefit to Kenya.
The individual must also have a Kenyan understudy – an individual who the employer undertakes to train to take over the position of the foreign national once the work permit expires.
Class F – specific manufacturing: Class F permits are issued to persons:
- who intend to engage, whether alone or in partnership, in specific manufacturing in Kenya;
- who have obtained a licence, registration or other authority or permission that may be necessary for that purpose;
- who have in their own right and at their full and free disposition sufficient capital and other resources for the purpose; and
- whose engagement in that manufacturing will be of benefit to Kenya.
Class G – specific trade, business or consultancy: Class G permits are issued to persons:
- who intend to engage, whether alone or in partnership, in a specific trade, business, consultancy or profession (other than a prescribed profession) in Kenya;
- who have obtained any licence, registration or other authority or permission that may be necessary for that purpose;
- who have in their own right and at their full and free disposition sufficient capital and other resources for the purpose; and
- whose engagement in trade, business, consultancy or profession will benefit Kenya.
Class I – approved religious or charitable activities: Class I permits are issued to persons:
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who are:
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- members of an institution registered under the Societies Act and engaged as a missionary; or
- members of a company limited by guarantee or of a trust registered under the Trustees Act, and approved by the government of Kenya; and
- whose presence in Kenya will be of benefit to Kenya.
Class K – ordinary residents/retirees: Class K permits are issued to persons:
- who are at least 35 years of age; and
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who have in their own right and at their full and free disposition an assured annual income of not less than the prescribed amount derived from sources other than employment, occupation, trade, business or profession that has its own category in Kenya, and which:
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- is derived from sources outside and will be remitted to Kenya; or
- is derived from pension or annuity payable from sources in Kenya;
- who undertakes not to accept employment, paid or unpaid, or engage in any income-generating activity of any kind without a permit of the relevant class; and
- whose presence in Kenya will be of benefit to Kenya.
Class M – refugees: Class M permits are issued to persons who have been granted refugee status in Kenya under the Refugee Law and the spouses of such refugees intending to take up employment or engage in a specific occupation, trade, business or profession.
Kenya
Answer ... Documents in foreign languages should be translated into English by the embassy, a public notary or an authorised/recognised institution.
Kenya
Answer ... This applies only to organisations that have already filled the same position previously with a foreigner, as the understudy should take over the role once the work permit expires.
Kenya
Answer ... (a) Work in specific sectors?
Yes, a licence, registration or other authorisation or permission must be obtained to operate in certain sectors (eg, mining, agriculture and manufacturing).
(b) Shortage occupations?
A foreign national employee must also have a Kenyan understudy – an individual whom the employer undertakes to train to take over the position of the foreign national once the work permit has expired.
(c) Highly skilled workers?
A foreign national highly skilled worker must also have a Kenyan understudy – an individual whom the employer undertakes to train to take over the position of the foreign national once the work permit has expired.
(d) Investors and high-net-worth individuals?
Investors must:
- show that they have sufficient capital to invest in Kenya;
- have obtained any licence, registration or other authorisation or permission that may be necessary for the relevant purpose; and
- show that their engagement in trade, business, consultancy or profession will benefit Kenya.
Kenya
Answer ... General documentary requirements: For all permits, the standard requirements are as follows:
- a duly completed and signed application Form 25;
- a signed cover letter from the employer/organisation/self-employed individual addressed to the director of immigration services;
- copies of the individual’s national passport;
- two recent colour passport photographs;
- the individual’s current immigration status if already in the country;
- a valid organisation tax compliance certificate for new cases;
- valid organisation and individual tax compliance certificates for renewals;
- previous permits and/or passes held;
- if applicable, proof of payment of the processing fee; and
- police clearance certificate for renewals.
The following documents are also required for specific permits:
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Class A – licence to prospect for minerals:
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- Proof of funds for investment (minimum $100,000);
- A current licence and a copy of the individual’s personal identification number (PIN) certificate (for renewals); and
- Signed audited accounts for the past year (for renewals).
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Class B – agriculture or animal husbandry:
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- Proof of land ownership/leasehold;
- Proof of capital availability (bank statement);
- Clearance/licence from the relevant bodies;
- A copy of the individual’s PIN certificate; and
- Current audited accounts (for renewals).
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Class C – prescribed professions:
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- Proof of membership of a prescribed profession;
- Copies of certified academic and professional qualifications; and
- A copy of the individual’s PIN certificate.
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Class D – employment by a specific employer, the government, the United Nations or other approved agencies:
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- Duly certified copies of academic and professional certificates;
- The individual’s CV;
- A duly completed, signed and stamped application Form 27;
- The name of the Kenyan understudy and his or her CV, certified copies of academic certificates, full contact details (email, address, mobile phone number) and national identification card;
- The certificate of registration of the organisation;
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A clearance letter from the relevant institutions; and
- A copy of the advertisement for the position in Kenya; and
- Where the employer is a non-governmental organisation (NGO), an endorsement form from the NGO’s coordination board.
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Class F – specific manufacturing:
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- A copy of the licence held;
- Proof of funds for investment (manufacturing) (minimum $100,000);
- The company’s registration certificate;
- The memorandum of understanding;
- The articles of association;
- Signed current audited accounts (for renewals);
- The shareholders’ certificate (CR12); and
- A copy of the individual’s PIN certificate.
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Class G – specific trade, business or consultancy:
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- Documentary proof of capital to be invested (minimum $100,000);
- The company’s certificate of incorporation;
- The memorandum of understanding;
- The articles of association;
- A copy of the individual’s PIN certificate;
- Signed current audited accounts (for renewals); and
- A duly completed Form 27.
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Class I – approved religious or charitable activities:
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- The registration certificate of the organisation; and
- Certified copies of the individual’s academic and professional certificates.
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Class K – ordinary residents/retirees:
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- Documentary proof of annual assured income of at least $24,000.
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Class M – refugees:
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- A recommendation letter from the Department of Refugee Affairs
Kenya
Answer ...
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Class A – licence to prospect for minerals:
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- Proof of funds for investment (minimum $100,000);
- Signed audited accounts for the past year (for renewals);
- Non-refundable processing fee (KES 10,000); and
- Issuance fees (KES 250,000 per year).
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Class B – agriculture and animal husbandry:
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- Non-refundable processing fee (KES 10,000); and
- Issuance fees (KES 100,000 per year).
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Class C – prescribed professions:
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- Non-refundable processing fee (KES 10,000); and
- Issuance fees (KES 100,000 per year).
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Class D – employment by a specific employer, the government, the United Nations or other approved agencies:
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- A clearance letter from the relevant institution;
- Non-refundable processing fee (KES 10,000); and
- Issuance fees (KES 200,000 per year) (usually issued for two years at a time).
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Class F – specific manufacturing:
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- Non-refundable processing fee (KES 10,000); and
- Issuance fees (KES 100,000 per year).
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Class G – specific trade business or consultancy:
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- Documentary proof of capital to be invested (minimum $100,000);
- Non-refundable processing fee (KES 10,000); and
- Issuance fees (KES 100,000 per year).
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Class I – approved religious or charitable activities:
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- Non-refundable processing fee (KES 10,000); and
- Issuance fees (KES 5,000 per year).
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Class K – ordinary residents/retirees:
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- Documentary proof of annual assured income of at least $24,000; and
- Non-refundable processing fee (KES 10,000).
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Class M – refugees:
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Kenya
Answer ... Applications are made via the government of Kenya’s Single Sign-On Portal:
- On logging in, applicants gain access to a dashboard that allows them to make applications, submit documents, receive notifications and make payments. Having finalised the application process online, applicants will receive communications and automatic notifications through their online account about the progress of their applications.
Submitting the application documents takes between one and two days. From submission of the application to issuance of the permit usually takes between four and six weeks, and may take up to three months.
Kenya
Answer ... Rights:
- Permit holders can work freely in Kenya at the organisation they work or are employed in.
- They can leave and enter the country as they please, as long as their permit remains valid.
- Their spouses can apply for dependant passes.
- Notwithstanding any other provision of the Immigration Act, and subject to the provisions of any other written law, a person to whom a Class M permit is issued may engage in any occupation, trade, business or profession.
Obligations:
- With the written approval of the Directorate of Immigration Services, they must engage within 90 days of the date of issue of the permit or of their entry into Kenya, whichever is earlier, in the employment, occupation, trade, business or profession in respect of which the permit was issued or take up residence.
- They must engage only in the employment, occupation, trade, business or profession in respect of which the permit was issued, whether or not for remuneration or profit.
Penalties:
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The work or residence permit will be invalidated if the holder breaches any of the obligations above or if he or she:
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- violates any of the terms of his or her stay under the permit;
- violates any provisions of the Immigration Act or regulations made thereunder;
- is declared a prohibited immigrant or inadmissible person;
- becomes an undesirable immigrant;
- is found to have acquired the permit by fraud, false representation or concealment of any material fact; or
- during any war in which Kenya was engaged, unlawfully traded or communicated with an enemy, or engaged in or was associated with any business that knowingly carried on in such a manner as to assist an enemy in that war.
- If, after acquiring the permit, the holder is convicted of an offence and sentenced to imprisonment for a term of three years or longer, the permit ceases to be valid and his or her presence in Kenya becomes unlawful, unless otherwise authorised under the Immigration Act.
- Any entry permit, pass, certificate or other authority, whether issued under the Immigration Act or its predecessors, which was obtained by, or was issued in consequence of, fraud or misrepresentation, or through the concealment or non-disclosure – whether intentional or inadvertent – of any material fact or circumstance, will be deemed to be void and of no effect from the outset and must be surrendered to the service for cancellation.
- Additionally, anyone convicted for non-compliance with the terms and conditions of a work permit, including the employer, will be liable to a fine of up to KES 500,000, imprisonment for up to three years or both. In addition to the prescribed fine and/or term of imprisonment, as the case may be, the employer will be liable to pay the costs of maintenance and removal of the person employed.