HOW TO APPLY FOR A WORK OR RESIDENCE PERMIT IN KENYA
INTRODUCTION
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 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.
Thank you .What about the application for citizenship ?
Hi I have overstayed in Kenya, and I have a child too here, how can you help me out to get a resident visa? I am a Ghanaian by nationality
Hello Ebenezer, thank you for reaching out to us. We have responded to you via the email provided, Kindly check and revert. You can also reach us on 07 43 235 923. We look forward to being of service to you.
application for citizen
How can one check the progress of their permit?
Hello Mary,
You can check the progress of the permit through the government portal used to apply. This is eFNS or eCitizen.
Thank you for the detailed information.
How long does it take to get a class G permit?
Thanks Cate,
It takes about a month to get a Class G Permit.
Hi there… I have been offered a job and the company will do the visas. I have a very small sideline where I do online marking work for an online school based in the UK but students worldwide. Would I still be permitted to do this if I moved to Kenya and just declare this additonal income as derived from overseas. I do not have to bring this money into Kenya but it needs to be accounted for as I want everything to be above board and happy to pay the taxes. Also, am I right in understanding I do not have to declare rental from our home in the UK.. we do not earn income from this as we have a hefty mortgage… the property is declared in the UK. The online earnings is declared through a company we set up in the EU where we currently live so it is all legitimate. Does your firm look after tax matters like this? Many thanks
Hello
We handle tax advisory matters as this. We will be reaching out to you privately to set up a consultative meeting on the same.
How long does it take to get work permit classM?
Good morning Cate,
I trust that you are well.
Please assist me with your number for further assistance. Thank you and have a wonderful day ahead.
Warm Regards,
Wambui Njoroge
Please is it possible to get a temporary residence permit?
Hello Ekeke
Many thanks for reaching out to us. We can help you get a temporary residence permit.
I’d like to apple for a class B work permit. can you assist in obtaining it.
Please reach out
thanks
Dear Ali,
Kindly share your contact and we will reach out to you as soon as possible
How can I get a temporary residence permit? I want to invest in Kenya in the advertisement field
my email: kandaongoiba100@gmail.com
my number: 0023 78 63 89 65
Dear Kanda
We have reached out to you for possible consultation.
Kind regards.
Hello can I have your email or phone number
Hello Fred, our E-mail address is info@begislaw.com and our phone number is +254743235923.
Kindly share your details so that we may call you.
Kind regards.
Hi good evening how can I get a kenyan temporary resident permit
Hello,how does one apply for a temporary residence?
Good morning Yvonne,
Thank you for you interest in the read of our article, is the application of temporary residence to be done in Kenya?
What type of permit do I need to apply for if I am working online, the money is being sent to a local Kenyan bank, and I would live and work from a residence in Kenya? Class K doesn’t work because I am not old enough to apply for it.
N.B. I am an Ethiopian national, if it makes any difference in the guidance you’ll give.
Dear Sir.
Greetings
My name Jinesh Patel, Currently in Dubai, UAE. I was planning to invest in kenya and start a new business of spares trading for commercial kitchen and laundry equipments.
I had previously worked in kenya for 4 years (2013-2017) (Class D Permit) and now i want to come and start new business in kenya.
My Budget of investment is maximum 5 Million KSH. Please advise if i am eligible for Class G permit. if not, than which other category permit can be issued to me? / any other alternative?
Also advise me on your service charges.
Good morning Mr. Patel,
Thank you for reaching out to us to assist you on your matter.
We shall write you an email through info@begislaw.com.
Kind regards
Can I get temporary residence?
How and in what period?
Contact kenokenneth8@gmail.com
Hello can I have your email or phone number
Hi Fred,
Our email address is info@begislaw.com and our phone number is +254743235923. Kindly share with us your phone number so that we may call you.
Kind regards.
Hello , how long does it take to process a defendant pass?
Hello, that takes about 1 month to process maximum.
I need to apply for my husbands permit, how do I go about it?
Hello Mercyline,
What kind of permit would you like to apply for?
Kind regards.
Hi
I would like to work and live in Kenya
I need a work visa or permit how do I go about it?
Hello Ruth,
Thank you for reaching out to us our goal is touching lives and we look forward to touching yours. Kindly share your phone number and one of our advocates will reach out to you.
Alternatively you can reach us through our phone number : 0743-235923 or email us – info@begislaw.com
Please I need to be with a research institute in Killifi as a postdoctoral scientist for a 12_month postdoctoral training. Please what type of permit would guarantee my stay for 12 months?
Hello. Thanks for your article. But is it possible to stay at least a year using only multiple visa? I don’t need any work in Kenya.
Hello, may I ask: Currently do people still need to submit their passport for endorsement once their permit has been issued? I’ve heard the physical passport is no longer needed because the permit is issued in a card format now (note: this card is just the permit, not the Alien ID); no endorsement will happen in the passport. Is this correct?
Dear John,
The physical passport will still be required for endorsement.
Kind regards.
Hey,
How does one handle a Ugandan national who is to be employed as a travel consultant in Kenya. Do they need a work permit – whats the process.
Asante
Hi how can a foreign national parents get Kenya citizenship for their kids born in Kenya, the both parents are foreign nationals.
Hello Mike, Thank you for reaching out to us,
Yes the child will get Kenyan citizenship, for more information and assistance, Kindly assist us with your number.
You can also reach us via or phone number 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you.
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Hello greetings. Please How much money does it cost to obtain Class I (missionary residence work permit)
Could you please assist me with the necessary information. This is my email address: lyonkotos@gmail.com
Thanks
Hello Justus, thank you for reaching out to us. We have responded to you via the email provided, Kindly check your email and revert for more assistance. You can also reach us via 07 43 235 923. We look forward to being of service to you.
Hello a Tanzania national who has sired with a Kenyan is interested in residing permanently in Kenya and do business (preferably Mtumba). What’s the process and which class does she apply for.
Hello Alice, thank you for reaching out to us, kindly assist us with your phone number for more information and assistance. You can also reach us on 07 43 235 923. We look forward to being of service to you.
In two separate stages,I have lived in Kenya for 4 years on a visitor visa.Would like to get a residential permit.
Kindly advise
James
Uganda.
Hello,
You can get a residence permit depending on what you intend to be doing in Kenya. Will you be working or investing?
Kind regards.
I am in relationship with Kenyan and travel to Nairobi frequently to be together. How do I go about a permit (residence and work) so that I don’t break any laws?
Hello Daniel
Please share your phone number so that we can reach out to you.