Any individual who is not a Kenyan citizen and desires to live or work in Kenya, regardless of whether the employment is paid or voluntary, must acquire a work permit to be legally recognised by the Kenyan Government. The Department of Immigration Services, the authoritative body responsible for issuing such licenses, regulates this requirement. The process and prerequisites for obtaining a work or residence permit are comprehensively outlined under the Kenya Citizenship and Immigration Act 2011, a pivotal piece of legislation within the Laws of Kenya.
To accommodate the diverse work and residency scenarios, the Kenyan immigration system categorises permits from 'A' to 'M'. Each category is meticulously defined, catering to various employment sectors and individual circumstances. Applicants must thoroughly review and understand each category to ascertain the type of work permit that aligns with their intended activities in Kenya.
Obtaining a work permit involves carefully assessing the applicant's qualifications, the nature of their intended work, and its alignment with Kenya's economic and social interests. The Kenyan government meticulously scrutinises each application to ensure compliance with national laws and policies and to safeguard both local employment opportunities and the interests of foreign nationals seeking to contribute to the Kenyan economy.
Table of Contents
What is Generally Needed to Obtain a Kenyan Work Permit?
Securing a work permit is a process marked by specific criteria that vary depending on the type of permit sought. Across the diverse range of permit categories, labelled from A to M, there exists a set of universal prerequisites that applicants must fulfil to be considered eligible.
- Foremost among these is the completion and submission of 'Application Form 25.' This form, the cornerstone of the application process, must be meticulously filled out and duly signed by the applicant, ensuring all provided information is accurate and up-to-date.
- In addition to the application form, applicants are required to submit copies of their national passports. These copies serve as a crucial identity verification tool, confirming the applicant's nationality and personal details as they align with the passport's data.
- A vital application component is the 'cover letter' from the employer. This letter varies in specifics depending on the work permit category being applied for. However, its presence is non-negotiable across all permit types. This letter functions as a formal request from the employer, highlighting the applicant's proposed role, the necessity of their skills, and the employer’s endorsement of the individual’s application.
- Furthermore, applicants must provide two recent, coloured passport-sized photographs. These photographs are used for identification purposes, ensuring that the applicant's physical appearance is documented and aligned with the other identification measures.
Categories of Work Permits in Kenya and Who Can Apply for Them
In Kenya, the structure for regulating and administering work permits is a well-organized system, segmented into distinct categories to cater to foreign nationals' varied intentions and professional spheres. These classifications are meticulously crafted to include a wide range of professional skills and personal ambitions, ensuring each foreign individual can find a permit category that aligns with their specific purpose in the country.
- Class A - Mining and Prospecting: This category is exclusively designed for foreign experts delving into the mining industry. It is an ideal fit for those whose professional expertise centres on exploring and extracting natural resources. This permit allows specialists to contribute significantly to Kenya's mining sector.
- Class B - Agriculture and Animal Husbandry: Tailor-made for individuals whose professional pursuits or personal passions are in agriculture or animal husbandry. This permit is a supportive framework for those aiming to make impactful contributions to Kenya's agricultural landscape, facilitating the growth and development of this vital sector.
- Class C - Specialized Professionals: This classification is crafted for professionals in specific, prescribed fields who plan to practice independently or in a partnership in Kenya. It addresses the professional needs of specialised experts, allowing them to offer their unique skills within the Kenyan context.
- Class D - Specific Employment Opportunities: Targeted at individuals who have secured employment in specific roles, this permit encompasses positions within the Kenyan government, governmental authorities, the United Nations (U.N.), or other recognised entities. This category is crucial for individuals possessing unique skills and qualifications that are scarce in Kenya, filling a significant skills gap.
- Class F - Manufacturing Sector Participation: Dedicated to individuals seeking involvement in manufacturing activities, this permit is pivotal in contributing to Kenya's industrial sector. It supports foreign nationals looking to enhance the manufacturing landscape of the country.
- Class G - Commercial and Professional Activities: This category is for those intending to engage in specific trades, businesses, consultancy roles, or professions. Offering a broad scope, it accommodates a variety of commercial and professional activities, enabling a diverse range of foreign professionals to contribute to Kenya's economic landscape.
- Class I - Religious and Charitable Activities: Reserved specifically for individuals engaged in religious or charitable activities, this class supports those in Kenya for altruistic and spiritual purposes. It acknowledges the importance of these activities and provides a pathway for those committed to religious and charitable endeavours.
- Class K - Ordinary Residents: This class is tailored for ordinary residents at least 35 years of age and possess a certain annual income derived from sources other than employment. It caters to a specific demographic, acknowledging their unique situation and providing them with a suitable permit option.
- Class M - Refugee Status: Specifically designed for individuals who have been granted refugee status in Kenya, this category recognises and addresses refugees' unique circumstances and needs. It provides them with a legal framework to reside and engage in various activities within the country.
For How Long Does a Kenyan Work Permit Stay Valid?
In Kenya, the framework for work permits is designed strategically to accommodate foreign professionals' immediate and long-term needs. Typically, these permits are issued with a validity period of two years. This duration aligns well with standard international employment contracts and projects, providing a stable timeframe for employers and employees to plan their ventures and commitments.
One of this permit system's notable features is its flexibility in terms of renewals. Permit holders are granted the privilege of renewing their permits for an additional two-year term, and interestingly, there is no cap on the number of times a permit can be restored. This open-ended renewal policy reflects Kenya’s commitment to fostering a conducive environment for skilled international talent and long-term business collaborations.
However, permit holders must be vigilant about the renewal process. The Kenyan authorities mandate that the renewal application should be initiated at least three months before the expiry of the current permit. This stipulation is not just a bureaucratic requirement; it serves a practical purpose. Beginning the renewal process well in advance ensures ample time for any administrative procedures or additional documentation that might be needed. More importantly, it guarantees continuity of legal status for the permit holder, preventing any inadvertent lapses that could lead to compliance issues.
Requirements for Various Kenyan Work Permits and Application Fee
As mentioned above, each Kenyan work permit has specific requirements and application fees. The following table contains all the particular details:
Requirements for Class A Work Permit: (For Prospecting and Mining)
- A completed and signed Form 25.
- A cover letter addressed to the Director General of Immigration Services, endorsed by the employer, individual, or organisation.
- Photocopy of the applicant's international passport.
- Two recent coloured photographs of passport size.
- Present immigration status for applicants currently in the country.
- A valid Tax Compliance Certificate from the organisation is required for new applications, and individual Tax Compliance Certificates are necessary for renewals.
- Authorisation for mineral prospecting and mining.
- Documentation demonstrating a minimum investment capability of USD 100,000.
- For renewals, a current license and a photocopy of the Personal Identification Number (PIN) certificate are needed.
- I signed and audited financial statements from the previous year, which are required for renewal applications.
Application Fee for Class A Work Permit
- Processing- Kshs. 10,000 non-refundable
- Issuance- Kshs. 100,000 per year
- East Africa Community Member States – N/A
Requirement for Class B Work Permit: (Agriculture and Animal Husbandry)
- Completed Application Form 25, with required signatures
- A cover letter addressed to the Director General of Immigration Services, signed by either the employer, the individual, or the organisation
- Photocopy of the applicant's national passport
- Two recent passport-sized photographs in colour
- Evidence of current immigration status for those already in the country
- For new applications, a valid Tax Compliance Certificate from the organisation; for renewals, individual Tax Compliance Certificates are required
- Documentation proving land ownership or a good lease agreement
- Bank statement as evidence of available capital (a minimum of USD 100,000)
- Necessary clearances or licenses from the appropriate regulatory bodies
- A copy of the Personal Identification Number (PIN) certificate
- Most recent audited financial statements (required for renewal applications)
Application Fee for Class B Work Permit
- Processing- Kshs. 10,000 non-refundable
- Issuance- Kshs. 100,000 per year
- East Africa Community Member States – N/A
Requirements for Class C Work Permits: (Prescribed Professions)
- Completed and signed Form 25.
- A cover letter addressed to the Director General of Immigration Services, signed by the applicant, employer, or representative of the organisation.
- A duplicate of the applicant's international passport.
- Two recent passport-sized photographs in colour.
- Evidence of the applicant's current immigration status, if already in the country.
- A valid tax compliance certificate from the organisation and individual tax compliance certificates for renewals are required for new applications.
- Verification of membership in a recognised professional body.
- Authenticated copies of academic and professional credentials.
- A duplicate of the Personal Identification Number (PIN) certificate.
Application Fee for Class C Work Permit
- Processing- Kshs. 10,000 non-refundable
- Issuance- Kshs. 100,000 per year
- East Africa Community Member States – N/A
Requirements for Class D Work Permits: (Employment)
- Completed and authorized Form 25
- A cover letter directed to the Director General of Immigration Services is provided and signed by the employer, individual applicant, or organization.
- Photocopy of the applicant's international passport
- Two recent passport-sized photographs in colour
- Current visa or permit status for applicants already in the country
- For new applications, a valid Tax Compliance Certificate from the organization; for renewals, individual Tax Compliance Certificates are required
- Officially authenticated academic and professional qualification documents
- A detailed resume (Curriculum Vitae)
- Fully completed and signed Form 27
- Details of a Kenyan understudy, including their name
- Certified educational certificates of the Kenyan understudy, along with their complete contact information (email, physical address, mobile number)
- Curriculum Vitae of the Kenyan Understudy
- Official registration certificate of the employing organisation
- Approval letter from pertinent authorities or institutions
Application Fee for Class D Work Permit
- Processing- Kshs. 10,000 non-refundable
- Issuance- Kshs. 200,000 per year
- East Africa Community Member States - N/A
Requirements for Class F Work Permits: (Specific Manufacturing)
- Application Form 25, completed and signed.
- A cover letter addressed to the Director General of Immigration Services, provided by the employer, individual, or organisation.
- Photocopy of the applicant's national passport.
- Two recent passport-sized photographs in colour.
- Proof of the applicant's current immigration status if they are already in the country.
- For new applications, a valid organization tax compliance certificate is required; for renewals, individual tax compliance certificates are necessary.
- A duplicate of any licenses currently held by the applicant.
- Evidence of investment funds, with a minimum of USD 100,000 for manufacturing investments.
- The company's registration certificate.
- A signed Memorandum of Understanding.
- Signed Articles of Association.
- The most recent audited financial statements are necessary for renewal applications.
- A CR12 certificate indicating the company's shareholders.
- A copy of the applicant's PIN certificate.
Application Fee for Class F Work Permit
- Processing- Kshs. 10,000 non-refundable
- Issuance- Kshs. 100,000 per year
- East Africa Community Member States – N/A
Requirements for Class G Work Permits: (Specific Trade, Business or Consultancy)
- Completed and personally endorsed Form 25.
- A cover letter addressed to the Director General of Immigration Services, provided by the employer, individual applicant, or representative of the organisation.
- Photocopy of the applicant's international travel document.
- Two recent passport-sized photographs in colour.
- Evidence of the applicant's current immigration status if present in the country.
- A Tax Compliance Certificate of the organisation is required for new applications, and individual Tax Compliance Certificates are needed for renewals.
- Proof of a minimum investment capital of USD 100,000, supported by documents.
- The company's Certificate of Incorporation.
- The Memorandum of Understanding of the company.
- The Articles of Association for the company.
- A copy of the company's Personal Identification Number (PIN) certificate.
- The most recent audited financial statements, signed, are required for renewal applications.
- A filled out Form 27.
Application Fee for Class G Work Permit
- Processing- Kshs. 10,000 non-refundable
- Issuance- Kshs. 100,000 per year
- East Africa Community Member States – N/A
Requirements for Class I Work Permits: (Approved Religious or Charitable Activities)
- Completed Application Form 25, with signature
- A cover letter addressed to the Director General of Immigration Services, signed by the employer, individual applicant, or organizational representative
- Photocopy of the applicant's international travel document
- Two recent passport-sized photographs in color
- Proof of current immigration status for applicants already in the country
- For new applications, a Tax Compliance Certificate from the organization; for renewals, individual Tax Compliance Certificates are required
- Official registration document of the applying organization
- Authenticated copies of educational and professional qualification certificates
To Whom Does Kenya Offer a Class I Work Permit?
Applicants who fall under the specified categories are offered Class I work permits by the Kenyan Government:
- Individuals affiliated with organizations governed by the societies act.
- Participants in corporations are structured with limited liability through guarantees.
- Registrants associated with trusteeship, as per the Trustee Act regulations.
Application Fee for Class I Work Permit
- Processing- kshs. 1,000 non-refundable
- Issuance- Kshs. 5,000 per year
- East Africa Community Member States – N/A
Requirements for Class K Work Permits: (Ordinary Residents)
- Completed and personally signed Form 25.
- A cover letter directed to the Director General of Immigration Services, endorsed by the applicant, employer, or representing organization.
- A photocopy of the applicant's international travel document.
- Two recent color photographs in passport size.
- Evidence of current immigration status for applicants already in the country.
- For new applications, a valid Tax Compliance Certificate is required for the organization; for renewals, individual Tax Compliance Certificates are required.
- Proof of a guaranteed annual income of no less than USD 24,000 must be legally owned and freely accessible by the applicant. This income should be sourced externally from Kenya through a pension or annuity.
Application Fee for Class K Work Permit
- Processing- Kshs. 10,000 non-refundable
- Issuance- Kshs. 100,000 per year
- East Africa Community Member States – N/A
Requirements for Class M Work Permits: (Refugees)
- Completed and autographed Form 25.
- A cover letter addressed to the Director General of Immigration Services, signed by the employer, individual, or organisation.
- Photocopies of the applicant's national passport.
- Two recent color photographs, passport-sized.
- Present immigration status if the applicant is already in the country.
- For new applications, a Tax Compliance Certificate of the organization is required; for renewals, individual Tax Compliance Certificates are necessary.
- A recommendation letter from the Department of Refugee Affairs.
- A recognised authority, such as an Embassy, Public Notary, or a certified institution, must translate non-English documents.
- Inclusion of the official gazette notification copy.
- Submission of the signed agreement with the host nation.
Application Fee for Class M Work Permits
Applicants applying for a Class M work permit in Kenya after satisfying the prerequisites mentioned above are exempted from paying the application fee.
FAQs
Can you explain what a Class D Work Permit is in Kenya?
In Kenya, the Class D Work Permit, often termed a Work VISA, is designed for foreign nationals who aim to live and work in the country or seek particular employment opportunities. This permit is crucial for both individual foreign employees and companies or organisations planning to hire foreign staff in Kenya.
What does a Class M Work Permit entail in Kenya?
The Class M Work Permit in Kenya is granted explicitly to refugees recognised under Kenya's refugee laws. This permit also extends to the spouses of such refugees, allowing them to undertake employment or participate in specific business, trade, or professional activities within Kenya.
What is Class I in Kenya?
Class I in Kenya refers to permits allocated for approved religious or charitable activities managed by the Directorate of Immigration Services. These permits are for individuals engaged in these specific non-profit sectors.
What is the processing time for a work permit in Kenya?
The time it takes to process a work permit application in Kenya typically spans up to three months. It's important to note that employment in Kenya can legally commence once the work permit is fully approved.
How challenging is it to acquire a work permit in Kenya?
Obtaining a work permit in Kenya involves an application process through the Department of Immigration, which includes submitting all necessary documents. A committee then reviews the application; this approval process can range from two to six months.
Is it permissible for dependents to work in Kenya?
In Kenya, individuals holding a dependent pass are prohibited from engaging in any kind of employment or trade, whether for profit or not. Violation of this rule is considered an offence.
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