Do you want to work in Kenya?

Its time you knew what is required of you to comfortably work here...

Kenya is a great country with unlimited work opportunities. In Eastern Africa, Kenya‘s economy is leading in technology advancement and development, often called a hub and gateway to Africa. This attracts Foreigners to Kenya hence gaining the country foreign exchange. Further the local citizens benefit largely from employment through the established businesses and vastly cultural exchanges and best practices globally.

However, before a foreigner can actually establish or own businesses in Kenya, he/she needs to have a work permit or a special pass from the Ministry of Interior and Coordination of National Government.

What is a work permit and special pass?

A work permit is an official document giving a foreigner permission to take a job in a country. A special pass is a temporary pass which is issued by the Department of Immigration Services within the Ministry of Interior and National Coordination of Kenya and which allows foreign nationals to extend their stay in Kenya due to special circumstances.

Specifically, section 34 considers a special pass to apply to any person who wishes to enter or remain in Kenya for a limited period for the purpose of applying a review of a decision denying a permit; or applying for a permit or pass; or for temporary purposes of conducting any business, trade or profession; or for whatever purpose the immigration officer considers suitable.

In this Article we shall center our topic on work permits and the procedures for application of various work permits.

Introduction

In Kenya, the Department of Immigration Services within the Ministry of Interior and National Coordination is tasked with formulation of national migration policy and review of Immigration laws and regulations.

Recently the department has imposed new procedures and required additional documentary evidence for work permit and special pass. These new procedures were introduced to curb the increased security concerns in the country. These new provisions stipulate that Organizations submitting applications for their expatriate population will now be required to provide certified copies of academic/professional certificates, details of a Kenyan understudy in training, stamped employer application letters, and application forms and clearance letters from appropriate government ministries where the government is a participant.

REGULATION OF WORK PERMIT

Immigration in Kenya is governed by the Kenya Citizenship and Immigration Act of Kenya 2011. This Act provides for work permits and special passes that foreigners may get to either work or reside in Kenya for a limited time period.

Generally, foreigners who want to run and own businesses in Kenya, need to have a work permit from the Ministry of Interior and Coordination of National Government. Failure to do so can be catastrophic to the risk of being deported.

The Act under Schedule 7 provides for classes of permits unto which foreigners may apply to work in Kenya. Generally, foreigners who want to work on a specific job with specific skills needed or start a specific trade or business and or engage either alone or in partnership in the business of agriculture or husbandry may be required to apply for:

?????i.????????a Class B;

???ii.????????D or;

??iii.????????a class G permit.

The type of permit applied for depends on whether the foreigner will be an owner of the business or simply an employee.

In this article we shall lay out the outlines procedures and requirements for application for the different class of permits.

?LEGAL PROVISIONS REGARDING WORK PERMITS

Working in Kenya without a work permit is considered illegal. Application of work permit is made through the Director of immigration Services within the Ministry of Interior and Coordination of National Government.

The Kenya Citizenship and Immigration Act of Kenya 2011 provides under section 40 as follows:

The Director shall issue a permit of the required class to a person who is not a prohibited immigrant or inadmissible person, who has—

(a) made an application in the prescribed manner before entry into Kenya; and

(b) satisfied the Committee that he has met the requirements relating to the particular class of permit.

Where a permit is obtained by fraud or misrepresentation, or any concealment or non-disclosure, intentional or inadvertent, of any material fact or circumstance, the Director may revoke the permit inconsideration of the committee. The committee being the permits determination committee appointed by the Cabinet Secretary in charge of the Ministry of Interior and Coordination of National Government

CLASSES OF WORK PERMITS

We shall henceforth below deal with the commonly applied classes of work permits in Kenya

Class B work permit

This type of permit is issued to persons who intends to engage, whether alone or in partnership, in the business of agriculture or animal husbandry in Kenya.

Application Requirements

For one to get such a permit, one must present:

?????i.????????Proof of land ownership or leasehold interest in land for the purpose;

???ii.????????Proof of capital available for the purpose;

??iii.????????Clearance from relevant bodies;

??iv.????????For renewals current license held for prospecting minerals and copy of PIN is required;

???v.????????Processing Fee Kshs.10,000/- non-refundable;

??vi.????????Fee is Kshs. 100,000/= per year or part thereof;

Class D Work Permit

This type of permit is applied for by foreigners who are 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. Persons under this group shouldn’t be those exempted under section 34 (3) and should bet those who possess skills that are or qualifications that are not available in Kenya and whose engagement in that employment will be of benefit to Kenya.

?Application Requirements

The requirements for applying for a Class D Work Permit are that one has to have:

?????i.????????Copies of academic/professional certificates along with the CV.

???ii.????????Evidence that the organization failed to fill the vacancy from the local labor market.

??iii.????????Form 25 dully filled, signed and sealed by the company.

??iv.????????Processing Fee Kshs.10,000 non-refundable.

???v.????????Fee is Ksh. 200,000/= per year or part thereof.

?Class G work permit

This class of permits affects persons who intend to engage, whether alone or in partnership, in a specific trade, business, consultancy or profession (other than a prescribed profession) in Kenya.

Application requirements

For you to be approved of this permit, you require the following application documents

?????I.????????Documentary proof of capital to be invested/already invested minimum of 100,000 US dollars or equivalent in any other currency.

???II.????????Registration certificate of the company OR certificate of incorporation.

?III.????????Copies of personal and company PIN (Personal Identification Number) if business is running.

?IV.????????For renewals; audited accounts for previous 2 years and a certificate of tax compliance from the Kenya Revenue Authority.

??V.????????Processing Fee Kshs.10,000 non-refundable.

?VI.????????Fee is Kshs. 100,000/= per year or part thereof.

APPLICATION FOR REGISTRATION AS AN ALIEN

The question a foreigner would ask is once I I am employed or registered for my business how would I manage to pay for my taxes?

Fear not many countries do provide for registration of an alien ID, Kenya being no exception.

What is an alien ID?

An Alien ID is a legal document issued by the Kenyan Government to foreigners which gives them access to services such as KRA PIN and applying for work permit, opening a business bank account, applying for NHIF, applying for Company KRA PIN and filing Tax returns and many other benefits.

Procedure of applying for an Alien ID.

We are privileged to have an easier process of applying for the Alien ID.

?????i.????????Step 1:

You will start by registering through the eFNS (Electronic Foreign National Portal) account to kick off the process. Quite beneficial is that the eFNS is integrated with the ecitizen account and anyone with the ecitizen account won’t need to register for a new account. The eFNS system will require you to present details of your passport passport photo and your contact details.

???ii.????????Step 2

Once you’ve gained access to?eFNS, you can then complete the Alien ID application, print it out, attach two passport photos and your original passport and work permit or special pass and submit it to the Department of Immigration Services for Foreign Nationals.

Later on after making payments, you will be required to take your finger prints. You will further on be advised on when to take your Alien ID.

Applying through an Agent as opposed to direct application. What’s the best option?

Any applicant is at liberty to apply directly to the ministry for a work permit. Luckily today in Kenya the application is made online through the e-citizen portal. However, the same old hustle of presenting one’s original identification documents are still there as a measure to avoid impersonation or any other fraudulent mechanism that may arise out of this application process. Having to note this, the process is still in its infancy stage and the same manual procedures still affect everyone. It is at this stage that one may decide to rely on the services of an agent. Agents may be law firms or consultancies which specialize in permit applications. The advantages of working with agents are that agents help to expedite the process through the experience and the links created over years while working with the ministry. Hence notifications can easily be attained within a short period of time.

?Finally, the process of obtaining a work permit is undergoing improvements with it transitioning from manual to automation. Automation of this process will ease the congestion within the ministry and hence improve on the efficiency and management of immigration within the country.

ALL THE BEST!!!