By Elainer Mogoa

Foreign nationals wishing to work in Kenya are required to obtain a work permit. However, work permits are generally only granted in instances where the employer can prove that doing so would be beneficial to Kenya and the position cannot be filled by any suitable Kenyan applicants.  The Class D permit for example requires that the local Kenyan sponsor prove that it was not able to recruit a Kenyan worker for the position the foreign worker is seeking to fill. The documentary requirement is consistent with a movement toward localizing the labor force and training Kenyan workers for jobs held by foreign nationals. Therefore, applicants should submit the name of a Kenyan understudy and certified copies of his or her academic certificates and full contact details, including address, email and mobile phone number.

A foreign company that wishes to get a work permit for one of its employees must first set up its Kenyan subsidiary/branch/representative office. This Kenyan entity may then apply for the work permit.

An applicant will take the following steps either individually or through a representative to acquire a work permit.

     1. There are different classes depending on the specific circumstances of the applicant.  Identify the class you require to make your application.

Classes of Work Permits

Application for Permit Class A: (For prospecting and miners.)

This permit is issued to a person who intends to engage, whether alone or in partnership, in prospecting for minerals or mining in Kenya. Has obtained prospecting or mining right or licence that may be necessary for the purpose and has sufficient funding to do so.

• Application for Permit Class B: (Agriculture and animal husbandry (KEP/B).)

This permit is issued to a person who intends to engage, whether alone or in partnership, in the business of agriculture or animal husbandry in Kenya. This individual should have acquired, or received all permissions that may be necessary in order to acquire, an interest in land of sufficient size and suitability for the purpose and has sufficient capital.

•  Application for Permit Class C: (Prescribed profession (KEP/C).)

This permit is issued to a person who is a member of a prescribed profession who intends to practice that profession, whether alone or in partnership, in Kenya, and who possesses the prescribed qualification (Eighth schedule of The Kenya Citizenship and Immigration Regulations, 2012). The individual should also have sufficient capital, be registered with the professional body, association or institute to which he/she belongs in his/her own country. NOTE: The prescribed Professions, as provided for in the Kenya Citizenship and Immigration Regulations, 2012 are; Medical profession, Dentists, Legal profession, Surveyors, Estate Agent, Valuer and Land Agent, Architects or Quantity surveyors, Pharmacists, Veterinary Surgeons, Engineers, Nursing Profession, Physiotherapists, Accountants, Chartered Secretaries, Actuaries, Scientist, Information and Communication Technology Experts.

•  Application for Permit Class D: (Employment (KEP/D).)

This permit is issued to a person who is offered specific employment by a specific employer, the government of Kenya or any other person or authority under the control of the Government or an approved technical aid scheme under the United Nations Organization or some other approved Agency (not being an exempt person under section 34 (3), who is in possession of skills or qualifications that are not available in Kenya and whose engagement in that employment will be of benefit to Kenya.

• Application for Permit Class F: (Specific manufacturing(KEP/F).)

This permit is issued to a person who intends to engage, whether alone or in partnership, in a specific manufacture in Kenya, who has obtained any licence, registration or other authority or permission that may be necessary for the purpose and has sufficient capital.

•  Application for Permit Class I: (Approved religious or charitable activities (KEP/I).)

This permit is issued to a member of an institution registered under the Society’s Act who is engaged as a missionary,

• Member of a company limited by guarantee or
• Member of a trust registered under the Trustees Act and is approved by the Government of Kenya, 
• Member of an institution registered under the Society’s Act who is engaged as a missionary
• Member of a company limited by guarantee.
• Member of a trust registered under the Trustees Act and is approved by the Government of Kenya, and whose presence in Kenya will be of benefit to Kenya.

      2. Ensure you have all the requirements

Requirements

While each work permit may have specific documentation requirements, the following are required for all work permits:

• Duly filled and signed application Form 3
• Signed cover letter from employer/self/organisation depending on the class addressed to the Director of Immigration Services
• Copies of national passport
• Two recent coloured Passport size photos
• Current immigration status if in the country
• Valid organization tax compliance certificate
• Application form fee

      3. Make your application and submit the documents

      4. Make payment as required

      5. Collection and endorsement of permit.

When an application is submitted at the Ministry of Immigration, it shall be presented to a committee for approval. This process may take between two and six months. The following factors are considered by the committee when deciding whether to approve or reject an application:

• The amount of investment and its impact on Kenya’s economy, which is determined by the auditors’ report or bank statement
• The number of jobs that will be created for Kenyans, which is determined by the application letter submitted by the applicant’s agent
• The nationality of the applicant. An applicant has a higher chance of approval of his application if his or her country of origin has a stronger economy than that of Kenya and low criminal statistics and security threats.

If the application is successful, the Ministry will issue a Notification of Approval. If it is rejected, a Notification of Rejection will be issued. All work permits are generally valid for 2 years, with renewals permitted for an extra 2 years at a time. Renewals need to be done at least 3 months prior to expiry.

Alien Card Registration

All foreigners who remain in Kenya for more than 3 months (90 days) are required to register as an alien and obtain an alien ID/ card from the Immigration Department.