Kenya continuously funds its digital economy and launches programs aimed at enhancing the workforce’s skill set. Kenya is a great place for multinational companies wishing to grow their workforce because of this.
It is imperative for both international employers and employees to confirm their legal eligibility to collaborate before entering into a partnership.
This article will teach you how to apply for a Kenya work visa, what kinds of work permits are available for employees who intend to relocate to Kenya, and what requirements there are for work permits in Kenya.
Types of Work Permits and Visas
Whether you are an individual seeking employment abroad, a prospective employee, or an employer looking to relocate staff to Kenya, it is crucial to secure the appropriate Kenya work visa and permits before commencement of work in the country.
The specific type of visa required hinges on the nature of the work to be undertaken. Here’s an overview of the available Kenya work permits to help you determine the most suitable option for your situation:
- Class A:
- Tailored for individuals engaged in prospecting and mining activities in Kenya.
- Eligibility requires possession of a mining or prospecting license and proof of financial capability (minimum $100,000 investment capital).
- Class B:
- Reserved for those working in animal husbandry or agricultural fields within Kenya.
- Eligibility criteria include demonstrating the ability to acquire and afford the necessary land for the specified work, with a focus on contributing positively to the country.
- Class D:
- Designed for standard employment scenarios, allowing work for an independent employer or the Kenyan government.
- Eligibility is contingent upon possessing qualifications for a job that local candidates cannot fulfill.
- Class G:
- Known as the Specific Trade, Business, or Consultancy visa, it caters to individuals offering unique skills beneficial to the country’s economy.
- Eligibility requires proof of financial stability, with a minimum threshold of $100,000.
- Class I:
- Available for individuals entering Kenya for charitable or religious purposes.
- Similar to other Kenya work permits, eligibility necessitates demonstrating that the planned activities will be advantageous to the country.
- Class K:
- The “ordinary resident” visa, exclusively for individuals aged 35 and above, earning a minimum of $24,000 annually from sources outside of Kenya or a Kenyan annuity or pension plan.
- Allows residency in Kenya without accepting employment.
- Class M:
- Also known as the Refugee visa, designed for individuals granted refugee status in Kenya.
- Spouses of refugees may also obtain a Class M work visa if intending to work while residing in the country.
Understanding the nuances of each class of visa will help ensure a smooth application process, aligning your specific circumstances with the appropriate Kenya work permit.
Kenya work visa and permits requirements
Selecting to employ individuals residing abroad offers employers significant advantages, such as cultivating a diverse workforce and tapping into top-tier talent, regardless of their chosen place of residence.
However, these advantages come with the responsibility of ensuring that the employee possesses the legal entitlement to reside in their chosen country, especially if it differs from their country of origin. This obligation is a shared responsibility between the employer and the employee.
To secure a Kenya work permit, meeting eligibility criteria is paramount, and substantiating this to the government requires the submission of requisite documentation corresponding to the specific Kenya work visa sought (e.g., Class A, Class B).
Though the work permit Kenya requirements fluctuate depending on the work visa classification, they may encompass the following elements:
- Personal Documentation:
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- Valid passport and a copy of the passport.
- Two passport-sized color photographs meeting specified criteria.
- Dimensions: 45 mm by 35 mm.
- White background, full face visible, neutral facial expression.
- Professional Credentials:
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- Resume demonstrating relevant work experience.
- Proof of qualifications for the job (e.g., educational credentials, professional licenses), if applicable.
- Immigration Status (if applicable):
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- Proof of immigration status if the applicant is already residing in Kenya.
- Application Form:
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- A signed and completed Form 25 (Application for Issuance or Renewal of Permit), submitted via The Republic of Kenya’s electronic Foreign Nationals Services (eFNS) online portal.
- Criminal Background Check:
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- A valid Police Clearance Certificate.
- Company Documents:
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- A signed Form 27 (Report on Employment) from the employer.
- A letter to the Director General of Immigration Services, indicating the job offer to the employee (applicable to self-employment).
- Tax Compliance Certificates (TCC) for both employer and employee (if already residing in Kenya).
- The company’s Certificate of Registration.
Additionally, for employers seeking to hire individuals under a Class D Kenya work visa, proof of a local Kenyan “understudy” is required. To satisfy this requirement, the company must provide:
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- The understudy’s name.
- The understudy’s resume demonstrates relevant work experience.
- The understudy’s contact information (e.g., phone number, physical address, email address).
- Evidence of the understudy’s qualifications for the job (e.g., educational credentials, professional licenses), if applicable.
How to apply for Kenyan work permits
As you embark on international relocation or expand your business globally, navigating the intricacies of local tax and labor laws becomes paramount. For companies engaging individuals across multiple countries, the challenge lies in understanding and complying with the nuanced requirements of each jurisdiction.
In the context of Kenya, active involvement from both the employer and the employee is crucial in the visa application process. Moreover, the employer must possess the legal authority to hire individuals residing in the country.
Prospective foreign nationals seeking to live and work in Kenya must secure the appropriate visa to comply with legal work regulations. While the intricacies of this process vary based on factors such as the employee’s origin and visa type, the general application procedure involves the following steps:
- eCitizen Account Creation:
Establish an eCitizen single sign-on account through Kenya’s Department of Immigration Services online portal, known as The Republic of Kenya electronic Foreign Nationals Services (eFNS).
- Online Application Form:
Complete the relevant online application form(s). Both employer and employee engagement in the application process is essential, necessitating both parties to fill out the required forms.
- Submission of Information:
Provide any additional individual or company information as requested during the application process.
- Payment of Application Fee:
Electronically pay the application fee associated with the specific type of Kenya work visa being sought. Cash payments are not accepted.
- Regular Portal Check:
Consistently monitor the online portal for updates, notifications of changes, progress, or any issues that may arise during the processing of the work permit application.
Application Processing Time:
- The processing duration for a Kenya work visa application is contingent on factors such as the workload of the Department of Immigration Services and any potential issues during the evaluation process.
- While the processing time may vary, anticipate a timeframe of up to three months for the approval or rejection of your visa application.
Early Submission Considerations:
- As employees are not legally permitted to work in Kenya until their work permit application is sanctioned, it is advisable to submit the application at least three months before entering the country. This proactive approach ensures a seamless transition without jeopardizing the ability to engage in employment upon arrival.
Employer Entitlements:
- For an employee’s visa application to gain approval, employers must possess the requisite entitlements to operate and hire in Kenya. This entails establishing a legal entity in Kenya, a process that may involve significant time and financial investment, or opting for an employer of record.
Planning to hire or work in Kenya? Here's how Marzuna can help
For both employers and employees, moving abroad and hiring there can lead to a multitude of opportunities. On the other hand, it is imperative that both parties follow local laws when an employee relocates abroad.
To live and work in Kenya, employees must obtain the necessary work visa, and employers must make sure they can keep hiring new employees when they relocate there.
Marzuna offers a comprehensive employer of record services that can assist businesses in hiring staff in Kenya. Additionally, by providing EOR services in various nations, we can assist you in growing your workforce globally.