Obtaining a work permit is one of the crucial concerns of any foreign individual looking to take up employment in Kenya. It is against the law for any non-citizen to continue working or undertaking any task without the requisite documents (work permits or special passes).
Work permit types
For non-Kenyans seeking job opportunities in the country whether on volunteer or employment basis, they are required to get a working permit. The Kenya Immigration Department issues work and residence permits. This is done under the legal framework espoused in the Kenya Citizenship and Immigration Act 2011. In total, there are nine different varieties of work permits. They include:
- Class A (Mineral prospectors) – Issued to individuals intending to carry out mining and prospecting of minerals in the country.
- Class B (Agriculture and Animal husbandry) – if you intend to invest in the agriculture and animal husbandry sector, then this is the right work permit for you.
- Class C (Prescribed professions) issued to individuals registered with a professional body, association or institutes. These includes professions such as accountants, engineers, architects, medical and legal professionals among others.
- Class D (Specific employment) – This work permit is issued to an individual who is specifically hired by an employer and qualifies for the task.
- Class F (manufacturing)– issued to an individual with sufficient capital to engage in manufacturing business that is deemed beneficial to Kenya.
- Class G (Specific business/trade/consultancy) – this one is ideal for investors interested in carrying out a specific business, trade or consultancy.
- Class I (Missionaries) – This is a work or residence permit given to members of a missionary society that has the approval of the Government of Kenya and the presence benefits the country.
- Class K (Residence permit) – This residence permit is issued to individuals with an assured source of income and is not allowed to accept any paid employment.
- Class M (Refugees) – The Kenyan work permit is given to conventional refugees.
A non-Kenyan who intends to carry out a short-term business assignment such as maintenance, performance, or assembling machine is required to visit the Director of Immigration Services to be given a Kenya Special Pass. This applies to whether you will be working on a paid or unpaid assignment. Moreover, foreigners studying in the country at any academic level should seek a student/research/internship pass from the same office before commencing their studies.
Kenyan work permit processing time
There is no set timeline of processing a work permit and the duration varies from case to case. Typically, the process would take between 6 – 15 weeks.
Application for registration as an alien All foreigners who remain in Kenya for more than three months (90 days) must register as an alien and get an alien registration card. The requirements for this application are:‐
- Filling and signing of the statutory form;
- Presentation of the application to the Immigration Department by the applicant in person;
- The application must be accompanied by:
- Two passport –size photographs (either colored or black and white and taken not more than 12 months earlier) of the applicant;
- a valid passport or some other official document establishing identity and nationality; and
- The prescribed fee.
Direct Application Vs Applying through an agent
An applicant may make an application directly or choose an agent such as a law firm or consultancy which specializes in permit applications to pursue their application. There are advantages and disadvantages to both methods with the main advantage in direct application being the saving of fees paid to the agent. The primary disadvantage of direct application is that such applications take a long time to receive a notification. Where the applicant uses an agent to make his/her application they will usually benefit from the speed and experience of the agent.
Please reach out to us (allan@aliumlaw.com) if you require specific advice on obtaining a work permit and Immigration.
