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Work Permit
Work Permit
WORK PERMIT
Work/Residence Permit is a documents issued to Foreign Nationals who wish to engage in paid or unpaid employment in Kenya.
There are different classes of Permits grouped in various classes from class A to M.
The Work Permits are issued under the Employer who is required to submit the application on behalf of the applicant. It is the duty of every Employer to apply and obtain the relevant Work Permit, conferring-upon the Foreign National the right to engage in Employment before granting them employment in Kenya.
2.1 THE PROCESS OF APPLYING FOR
WORK PERMIT
The process of applying for a Work Permit in Kenya is straight forward provided the applicant adheres to the Rules and Regulations.
The first step of obtaining a Work Permit is to make sure that the applicant is eligible and that they meet the requirements for the category they are applying under.
2.4 TYPES OF WORK PERMITS
There are different classes of work permit that an applicant can apply under.
2.4.1 Class A: Prospecting and Mining
This class is for persons who wish to engage whether alone or in partnership in prospecting for minerals or mining in Kenya. The applicant must have obtained a license and have sufficient capital for the purpose.
2.4.2 Class B: Agriculture and Animal Husbandry
This class is for persons who wish to engage in agriculture and animal husbandry and has acquired the necessary permission, licenses and acquired sufficient land and suitable for the purpose and has sufficient capital and resources. The engagements the applicant wishes to carry out must be of bene t to Kenya.
2.4.3 Class C: Prescribed Profession
This class relates to persons who wish to practice in a prescribed profession whether alone or in partnership. The prescribed professions are prescribed are specified in the eighth schedule. The applicant must also possess the prescribed qualifications and have sufficient capital and other resources.
The applicant must also be registered with the profession body, association or institute they belong in their own country and the practice will be of bene t to Kenya.
2.4.4 Class D: Employment
This category is for persons undertaking employment in Kenya be it in public or private sector. They must be in possession of skills or qualifications that are not available in Kenya and the engagement will be a bene t to Kenya.
They must in line with the transfer of skills provide details of
an understudy who will undertake training and take over the role after training.
2.4.5 Class F: Specific Manufacturing
This category relates to persons who wish to engage whether alone or in partnership in a specific manufacture in Kenya. The applicant must have obtained any license, registration or authority that may be necessary for the purpose.
They must have sufficient capital and other resources and the engagement must be of bene t to Kenya.
2.4.6 Class G: Specific Trade, Business or Consultancy
This category is for persons who wish to engage whether alone or in partnership in a specific trade, business, consultancy or profession (other than a prescribed profession) in Kenya. They must have obtained a license, registration or other authority that is necessary for the purpose.
They must also have sufficient capital; the sum of USD100,
000. These funds must be held in a Kenyan bank account. Their business engagement must be for the benefit of Kenya.
2.4.7 Class I: Approved Religious or Charitable Activities
This category is for persons who are members of registered institution under section 9 of the Societies Act 2012 who is engaged as a missionary or a member of a company limited by guarantee or a trust registered under the Trustees Act.
They must be approved by the government and their presence in Kenya must be a bene t to Kenya.
2.4.8 Class K: Ordinary Residents
This category is for persons who are not less than 35 years of age (now changed to 50 years). They must have sufficient funds derived from outside sources and will be remitted to Kenya or derived from pension or sources in Kenya.
They must not undertake paid or unpaid employments or engage in any income generating activity of any kind without the relevant work permit. Their presence in Kenya must be of bene t to Kenya.
2.4.9 Class M: Refugees
Work permit issued to Conventional Refugees persons who have been granted refugee status in Kenya in accordance with the refugee law of Kenya and any spouse of such refugee who intends to take up employment or engage in any specific trade occupation, business or profession.
2.5 WORK PERMIT FOR EXEMPT PERSONS
It is a Legal requirement that any person who is not a Citizen of Kenya who wishes to enter Kenya or engage in paid or unpaid Employment must hold a valid Work Permit or Pass.
However, Section 34 of the 2011 Act provides an exemption for persons upon whom the Immunities and Privileges Laws are conferred including their Official Status, Spouses and children.
Important to note that the time spent in Kenya by holders of leave to enter, remain and work in Kenya under Section 34 does not count no matter the number of years they have lived or worked in Kenya, unless they are in possession of a valid Work Permit outside the Exemption Rules.