Kenya consistently funds its digital economy and introduces initiatives to improve the skill set of its labor population. For this reason, Kenya is a fantastic location for global corporations looking to expand their workforce.

Before forming a partnership, foreign employers and employees must both make sure they are legally permitted to work together.

This article will explain the procedures for applying for a work visa in Kenya, the types of work permits accessible to employees wishing to relocate there, and the conditions for obtaining a work permit 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 commencing work in the country.

The type of visa required depends 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:

1. 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).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 details 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

Opting to engage individuals residing abroad provides employers with significant advantages, such as fostering a diverse workforce and accessing top-tier talent, irrespective of their chosen place of residence.

However, these advantages entail the responsibility of ensuring that the employee has the legal entitlement to reside in their selected country, particularly if it differs from their country of origin. This responsibility is a joint obligation between the employer and the employee.

To obtain a Kenya work permit, adherence to eligibility criteria is crucial, and providing evidence to the government necessitates submitting required documentation corresponding to the specific Kenya work visa sought (e.g., Class A, Class B).

Although the work permit Kenya requirements vary based on the work visa classification, they may include the following elements:

1. Personal Documentation:
   • Valid passport and a photocopy 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.
2. Professional Credentials:
   • Resume demonstrating relevant work experience.
   • Proof of qualifications for the job (e.g., educational credentials, professional licenses), if applicable.
3. Immigration Status (if applicable):
   • Proof of immigration status if the applicant is already residing in Kenya.
4. Application Form:
   • 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.
5. Criminal Background Check:
   • A valid Police Clearance Certificate.
6. Company Documents:
   • 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.
7. Additionally, for employers aiming to hire individuals under a Class D Kenya work visa, proof of a local Kenyan “understudy” is required. To fulfill this requirement, the company must provide:
   • The understudy’s name.
   • The understudy’s resume, demonstrating 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

Embarking on international relocation or expanding your business globally requires a thorough understanding of local tax and labor laws. For companies engaging individuals across various countries, the challenge lies in comprehending and adhering to the nuanced requirements of each jurisdiction.

In the context of Kenya, active participation from both the employer and the employee is essential in the visa application process. Additionally, the employer must have the legal authority to hire individuals residing in the country.

Prospective foreign nationals seeking to live and work in Kenya must obtain 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:

1. 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).
2. Online Application Form:
   • Complete the relevant online application form(s). Engagement from both the employer and employee in the application process is essential, requiring both parties to fill out the required forms.
3. Submission of Information:
   • Provide any additional individual or company information as requested during the application process.
4. 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.
5. 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.
6. Application Processing Time:
   • The processing duration for a Kenya work visa application depends on factors such as the workload of the Department of Immigration Services and 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.
7. 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.
8. Employer Entitlements:
   • For an employee’s visa application to gain approval, employers must possess the requisite entitlements to operate and hire in Kenya. This involves establishing a legal entity in Kenya, a process that may require significant time and financial investment, or opting for an employer of record.

Planning to hire or work in Kenya? Here's how EOR Services can help

Relocating abroad and employing there might open up a world of opportunity for employers and employees. On the other hand, when an employee moves overseas, it is essential that all sides abide by local regulations.

Employees must secure the required work visa in order to live and work in Kenya, and companies must ensure that they can continue to hire new staff members when they migrate.

Businesses in Kenya can benefit from employers of record services, which are comprehensive and can help with hiring. Additionally, we can help you expand your workforce internationally by offering EOR services in multiple countries.