Understanding Work Permits And Employment Of Foreigners In Kenya

In Kenya, work permits are issued by the Director of Immigration Services, under the provisions of the Kenya Citizenship and Immigration Act, 2011. Depending on the type of permit issued, foreign nationals are allowed to enter Kenya for various purposes, including engaging in trade, prospecting, farming, business, professional employment, missionary activities, or residing in the country

Applications for work permits or entry permits to work and reside in Kenya are typically initiated by prospective employers on behalf of the individuals they intend to hire.

The work permits are generally issued for a maximum duration of two years, with the possibility of renewal, subject to approval by the Director of Immigration and payment of the renewal fee. In certain cases, temporary work permits, known as special passes, can be issued for up to six months, but they are often granted for a three-month period, with the option for a further three-month extension.

Employers’ duties when hiring foreign nationals

It is important for employers in Kenya to be aware that hiring foreign nationals without proper documentation or a valid work permit is illegal. Section 45 of the Kenya Citizenship and Immigration Act explicitly prohibits employers from hiring foreign nationals without a valid work permit and the responsibility falls on the employer to ensure that foreign nationals have valid documentation.

The act provides that every employer must apply for and obtain a work permit or special pass before granting the foreign national employment. A violation of this provision by an employer can result in penalties, including fines of up to KES 500,000, imprisonment for a maximum of three years, or both.

In addition, employers are also prohibited from employing foreign nationals on terms different from those authorised under their work permit.

Where an employee stop working for the employer, the employer specified in the work permit is required to make a written report to the Director within 15 days that the holder of a permit has ceased to engage in the employment. Any employer who fails to make this report commits an offence.

Types of Work Permits

There are nine (9) classes under which a work permit may be issued, namely:

1. Class A – issued to a person who intends to engage, whether alone or in partnership, in prospecting for minerals or mining in Kenya who has obtained a prospecting or mining right or license and has a minimum of USD 100,000 for that purpose.
2. Class B – applies to a person who intends to engage, whether alone or in partnership, in agriculture or animal husbandry in Kenya, and who has all permissions necessary to acquire an interest in land of sufficient size and suitability for that purpose as well as sufficient capital or resources at his disposal for that purpose

• Class C – issued to members of a prescribed profession who intend to practise that profession, whether in partnership or alone. The applicant must possess the prescribed qualification, have sufficient capital or resources for that purpose, and be registered with a professional body, association or institute in his own country.

• Class D – relates to persons who are offered specific employment by a specific employer and who have skills or qualifications that are not available in Kenya.

• Class F – applies to a person who intends to engage, whether alone or in partnership, in a specific manufacture in Kenya. The applicant must have obtained a license, registration or other permission that may be necessary for that purpose and have at least USD 100,000 at his disposal for that purpose.

• Class G – applies to persons who wish to engage, whether alone or in partnership, in a specific trade, business, consultancy or profession in Kenya (other than a prescribed profession, which are covered under Class C).

• Class I – this class is reserved for persons who are members of institutions registered under the Societies Act (Cap. 108) and who are engaged as missionaries, members of companies limited by guarantee, and members of trusts registered under the Trustee Act (Cap. 167).

• Class K – this class is designed for ordinary residents who are over 35 years and have funds or an assured annual income of at least USD 24,000 or its equivalent in Kenya Shillings and undertake not to accept employment (paid or unpaid) or engage in any income generating activity of any kind without a permit of the relevant class. The income must be derived from sources outside of Kenya which will be remitted to Kenya or from a pension or annuity payable from sources in Kenya

• Class M – applies to persons who have been granted refugee status in Kenya and the only supporting document required is a recommendation letter from the Department of Refugee Affairs. A person to whom a Class M work permit has been issued and the spouse of such person may engage in any occupation, trade, business or profession.

Special Pass

Special passes are issued to persons who are applying for a work permit or to persons who wish to enter or remain in Kenya to temporarily conduct any business, trade or profession. Special passes are often applied for to perform a specific task within a specified period of time.

The special pass will be issued for maximum period of 6 months and may be renewed for a further six 6 months upon payment of the prescribed fees.

Application Requirements

Kenya offers various types of work permits, each with specific requirements however, the general requirements include;

1. A dully filled and signed application Form 3.
2. A Cover letter from employer/self/organization depending on the class (as applicable).
3. Copies of the foreign national’s passport.
4. Two colored Passport size photographs.
5. Application fee.

Application Process

The application process for work permits in Kenya involves a thorough assessment of the applicant’s qualifications, the potential impact on the Kenyan economy, and the ability to create employment opportunities for locals. The Ministry of Immigration evaluates each application before issuing Notifications of Approval or Rejection. Successful applicants who intend to stay in Kenya for more than 3 months are required to register for an alien registration card.

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Disclaimer

This article is for informational purposes only and should not be construed as legal advice.