Work Permits

What is a Work Permit?

• A work permit, is a document issued by Kenyan Immigration department that proves that the holder is authorized to work in Kenya.
• The permit is issued under section 40 Kenyan Citizenship and Immigration Act 2011.
• Once the permit is approved, the director has 14 days to issue the permit to the applicant.

How to get a Work Permit

• Work permits are usually granted to people who are applying to work in Kenya for a given period of time or investors who wish to invest in Kenya.
• It is important to know what type of work permit you should apply for, and to ascertain whether you qualify for the permit itself.
• The first step of obtaining a work permit is to make sure that you are eligible and that you meet the requirements for the category you are applying under.
• There are different classes of work permit. Each work permit has its own specific set of requirements and regulations.
• In addition, once permitted to work in a particular category, the applicant must comply with and understand all regulatory criteria of said class of permit.

Procedure of applying for a Permit

• Fill out on line Form: This is the form that you need to apply for a work permit. Applicants must read and follow the
instructions.
• Provide proof of your eligibility. Attach the documents that prove your eligibility for the class of permit. If you are
changing employer or category you need to provide the relevant documents.
• Pay the fee: Applicant must make sure that they pay the relevant fees for the right category. There is processing fees
and issuance fees. Processing fees are not refundable if the application is refused. The issuance fees are paid once
the permit is approved.

Types of Work Permits

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.

Class B Agriculture & Animal Husbandry

• This class is for persons who wish to engage in agriculture and animal husbandry and has acquired the necessary permission and licenses acquire land sufficient in size and suitable for the purpose.

Class C Prescribed

• This class relates to persons who wish to practice in a prescribed profession whether alone or in partnership.

Class D Employment

• This category is for persons undertaking employment in Kenya be it in public or private sector.

Class F Specific Manufacturing

• This category relates to persons who wish to engage whether alone or in partnership in a specific manufacturing in Kenya.

Class G Specific Trade, Business or Consultancy

• This category is for persons who wish to engage either alone or in partnership in a specific trade business, consultancy or profession in Kenya.
• Documentary proof of capital to be invested/already invested minimum of 100,000 US dollars or equivalent in any other currency.

Class I Approved Religious or Charitable Activities

• This category is for persons who are members of registered institution under the Societies Act who is engaged as a missionary or a member of a company limited by guarantee or a trust registered under the Trustees Act.

Class K Retired persons

• Residence permit issued to persons who have an assured income derived from sources outside and undertakes not to accept paid employment of any kind.

Class M

• Work permit issued to Conventional Refugees to 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

Validity/Invalidation of the Work Permit

• Work permits can be applied within or outside Kenya.
• A permit is issued to someone outside Kenya is valid for a period of 90 days from the date of issue and shall be invalidated if the applicant fails to enter Kenya within the time.
• Its also invalidated if applicant ceases to engage in the said employment occupation or trade or engages in any employment whether or not for profit other than the employment or occupation referred in the permit or obtained through deception or misrepresentation.

Right of Appeal

• Any person agrieved by the decision made may appeal to the High Court.

Types of Passes

Special Pass/Emergency Work Permit

• This is a temporally work permit issued for a limited period of time whilst temporarily conducting business, whilst applying for a permit or awaiting a review on work permit refusal
• The special pass is issued for a period not exceeding 6 months from the date of issue and should allow the holder to reenter Kenya during the validity of the pass.

Student/Internship Research Passes

Kenya Student pass

• Its mandatory that every person undertaking education studies obtain a student pass. A dependent pass is not a substitute to a student pass.

Kenya Internship/Research pass

• This is a document issued to person(s) seeking to enter and remain in Kenya for the purpose of undertaking Internship or an academic research within Kenya. Its valid for 1 year and its becoming a bit challenging to have extension beyond one year.
• NB:If principle is convicted of the offence of admitting a student or intern, the person will be liable to a fine not exceeding Ksh 500,000 or to imprisonment for a term not exceeding 3 years or both.

Dependent Passes

• A dependent pass is issued to a person whose spouse, parent or guardian is lawfully entitled to enter Kenya ( 27 (1) of the Kenya Citizenship and Immigration Regulations, 2012).
• The dependant pass is for life: for as long as the primary applicant is resident in Kenya lawfully.
• It is illegal to undertake paid or unpaid work with a dependant pass. Children must also obtain student passes.
• NB: Exempt persons time does not count in Kenya irrespective of how many years they reside in Kenya.

Obligation to Institutions & Employers

Learning Institutions

All learning institutions are required by law to adhere to the immigration rules when admitting students to the learning institution.
The Institution must keep record of all students passes from the date of admission.
Section 46 of the act places the responsibility of complying with the law to the person in charge of a learning institution to ensure that before admitting a person to the institution that the person is not:
• Illegal in the country
• Their status in Kenya does not authorize them to receive such training
• Terms and condition on their permit do not authorize them to be in the institution
• If the Principal or person in charge of the institution fails to observe the legal requirements as prescribed by the law and allows a student to enroll at the institution without the relevant permit, the person commits an offence under section 46 (2).
• If in the circumstances, a person is found at the institution without the valid student pass, it shall be presumed that the person in charge of the institution allowed the student at the premises.
• If convicted of the offence, the person will be liable to a fine not exceeding Ksh 500,000 or imprisonment for a term not exceeding 3 years or both.

Employers

• Employers are required by law to make due diligence to confirm that employees working in their premises are legally able to work in Kenya.
• Any person who is not a citizen or a lawful permanent resident of Kenya will need a permit to work, to prove eligibility to work in Kenya.
• It is the responsibility of both the applicant and the employer to show and require proof of legal employment status in Kenya.
• Employees are required to prove that they are authorized in Kenya, and employers are required to verify the identity and eligibility for all new workers.

Penalty

• Where an applicant or employer:

» Engages in employment, occupation, trade, business or profession whether for profit or not without a work permit
» An employer employs a person without a work permit
» An employer smuggles in foreign nationals to work in categories not authorized
• If convicted of the above offences, the person will be liable to a fine not exceeding Ksh 500,000 or to imprisonment for a term not exceeding 3 years or both.

Estate Agents / Landlords

Accommodation / Business Premises

• Under Section 47 (1) of the Kenya Immigration and Citizenship Act 2011, any person or business offering accommodation or business premises to foreign nationals must obtain documentation pertaining to their eligibility to be in Kenya legally.
• It is mandatory that all individuals and business owners shall prior to offering accommodation or business premises obtain the foreign nationals immigration records.
• Where an illegal foreign national is found on any premises, it shall be presumed that such illegal person was harbored by the person who has control over such premises.

Penalty

• Any person or business that offers accommodation or business premises without maintaining the proper records of their immigration status in Kenya commits an offence.
• If convicted of the offence, the person will be liable to a fine not exceeding Ksh 500,000 or to imprisonment for a term not exceeding 3 years or both.
• In addition to the fine and imprisonment, the person will be liable to meet the cost incurred when maintaining the illegal immigrant and their subsequent removal costs.