At our firm, we specialize in navigating the intricate legal frameworks surrounding immigration and citizenship in Kenya, ensuring our clients receive expert guidance tailored to their unique needs. Our comprehensive services include advising on the legal entry requirements for foreign nationals seeking to visit Kenya for business, tourism, or other purposes. We assist in meeting all legal prerequisites for entry, facilitating the acquisition of essential visas and permits that guarantee a smooth, compliant entry into the country.
In addition, we provide valuable advisory services to expatriates, guiding them through the process of obtaining and maintaining legal residency in Kenya. Our team is well-versed in the various residency options available, streamlining the process for individuals to secure work permits necessary for employment in Kenya. Moreover, we assist foreign nationals with the registration of Kenyan citizenship, helping them understand and meet the criteria to obtain or regain citizen status.
We also take pride in managing the complete spectrum of legal documentation and compliance procedures associated with immigration and citizenship issues. By acting as a liaison between our clients and the pertinent government agencies, we ensure effective communication and coordination, helping to expedite processes, resolve potential obstacles, and facilitate a seamless journey towards achieving residency or citizenship in Kenya.
Our commitment is to simplify the complex legal landscape of immigration and citizenship in Kenya, enabling our clients to pursue their aspirations with ease. By providing a streamlined path through the often challenging processes, we maximize efficiency and minimize hassle, ensuring that our clients can focus on their objectives with confidence and clarity.
FAQ: Kenya Work Permits, Visas and Immigration Guide
1. Entering Kenya: Visas & The eTA
1.1 Do I need a Visa to enter Kenya?
Kenya has primarily transitioned to a visa-free regime for travellers, with the Electronic Travel Authorization (eTA) serving as a substitute for traditional visas.
All foreign nationals, including minors, are required to obtain an eTA online prior to their journey, except for citizens of East African Community (EAC) member states, persons holding work permits, and persons from countries or organizations exempted from the eTA requirement. The eTA authorises entry for purposes such as tourism, family visits, or brief business meetings (up to 90 days). It expressly does not authorize employment or working in Kenya.
1.2 Can I work on a Visitor/Business Visa?
Strictly No. Engaging in employment or long-term business management while on a Visitor’s eTA is a criminal offense under the law. If immediate short-term work is required for a period of up to three months, a Special Pass must be obtained.
2. Work Permits: Employment and Investment
2.1 What is the difference between a Class G and a Class D Permit?
These are the two most common permits for foreign expatriates:
A Class G (Investor Permit) is generally issued to foreigners establishing a business or consulting firm. The key requirement for this permit is providing documentary evidence of USD 100,000 in investment capital.
A Class D (Employment Permit) is typically granted to foreigners employed by a Kenyan company. The key condition for this permit is that the employer (acting as the applicant on behalf of the prospective foreign employee) must demonstrate that no suitable Kenyan citizen was available to fill the position, in accordance with strict labour market testing requirements. Additionally, a Kenyan “Understudy” must be appointed.
2.2 What documents are needed for a Class D (Employment) Permit?
To successfully apply for a Class D permit, the employer must compile all relevant documents and information demonstrating the need for the expatriate hire. Requirements include:
Form 25 duly filled and signed application form.
Cover Letter from the employer detailing the position, the specific skills required, and why a Kenyan could not be hired.
Certified copies of the expatriate’s degrees and CV.
CV, ID copy, and contact details of the Kenyan Understudy (employee) being trained to replace the expatriate.
Clearance from Professional Bodies if the role is regulated (e.g., Engineers, Doctors, Accountants).
Certificate of Incorporation, current Tax Compliance Certificate (TCC) of the employer/company.
2.3 What documents are needed for an Investor (Class G) Permit?
The following are required when applying for an Investor Permit.
Certificate of Incorporation of your Kenyan company.
Memorandum & Articles of Association showing your shareholding.
Proof of Funds (Bank Statement showing ~$100,000).
Tax Compliance Certificate of the company.
Police Clearance Certificate from your country of origin.
2.4 How long does a Work Permit take to process?
The estimated processing time for a Class G (Investor) Permit or a Class D (Employment) Permit is approximately 2 to 4 months. During this period, employment is not permitted unless the applicant possesses a valid Special Pass.
2.5 What is the “Understudy” requirement?
For Class D (Employment) permits, the Department of Immigration requires the company hiring a foreign expatriate to assign a Kenyan employee, referred to as the “Understudy,” who will undergo training to assume the expatriate’s responsibilities. The CV and contact details of the Understudy must be submitted along with the application.
3. Short-Term and Family Passes
3.1 What is a Special Pass?
A Special Pass is a temporary work authorization issued for a period of three months, with the possibility of one renewal for an additional three months. It is ideal for foreigners who need to start work immediately while their long-term Work Permit (Class D/G) is being processed, or for short-term consultancy assignments.
3.2 Can my family live in Kenya with me?
Yes. Once the principal applicant holds a valid Work Permit, their spouse and children may apply for a Dependent Pass, provided they do not engage in employment or education, or, alternatively, a Student Pass for children enrolled in Kenyan schools.
4. Permanent Residence and Citizenship
4.1 How do I become a Permanent Resident (PR)?
A person qualifies for Permanent Residence status if:
They have maintained a valid Work or Residency Permit for a minimum of seven consecutive years;
They have been legally married to a Kenyan citizen for at least three years; or
They are a minor child of a Kenyan citizen but possess a foreign nationality.
4.2 Can I acquire Kenyan Citizenship?
Yes. Kenya allows Dual Citizenship.
A person may qualify for Kenyan citizenship by:
Registration (Marriage): After being married to a Kenyan for a period of 7 years.
Registration (Residence): After maintaining lawful residence on Work or Residency Permits for 7 consecutive years immediately prior to application.
5. Schedule of Government Processing and Issuance Fees (Work Permits and Passes)
View Government Fees Table
The following table outlines the government fees with respect to:
Processing Fee: Must be paid upon application (Non-Refundable).
Issuance Fee: Paid annually once the permit is approved.
Class
Category Details
Processing Fee (KES)
Issuance Fee (KES)
Class A
Mining & Prospecting: For owners of prospecting rights or mining leases.
20,000
500,000 / Yr
Class B
Agriculture: For investors in agriculture or animal husbandry.
20,000
250,000 / Yr
Class C
Prescribed Profession: For members of prescribed professions practicing alone (e.g., Doctors, Engineers, Lawyers).
20,000
250,000 / Yr
Class D
Employment: For employees transferred to or hired by a Kenyan company.
20,000
500,000 / Yr
Class F
Manufacturing: For investors establishing manufacturing industries.
20,000
250,000 / Yr
Class G
Trade, Business & Consultancy: For investors in trade, consultancy, or general business.
20,000
250,000 / Yr
Class I
Approved Religious or Charitable Activities: For missionaries or members of approved charitable societies.
Gratis
20,000 / Yr
Class K
Ordinary Residents: For persons (retirees) with assured income derived from outside Kenya. Prohibited from working.
20,000
250,000 / Yr
Class M
Refugees: For recognized refugees.
Gratis
Gratis
Class N
Digital Nomads: For remote workers with income from outside Kenya (Min. USD 55,000/yr).
USD 200
USD 1,000 / Yr
Class O
Staff of the United Nations, Diplomatic Missions, Inter-Governmental Organizations and International Non-Governmental Organizations accredited to neighbouring hardship countries.
USD 200
USD 1,000 / Yr
Class P
Professional working for Religious or Charitable Organizations.
20,000
100,000 / Yr
Class Q
Class R: : Citizens of East African Community
Gratis
Gratis
Special Pass
Short-Term Work: Valid for 3 months (Renewable once).
N/A
USD 200 / Month
Dependent Pass
Spouse/Children: For dependents of permit holders.
N/A
10,000 / Yr
Student Pass
Education: For foreign students in Kenyan institutions.
N/A
USD 100 / Yr
Internship Pass
Internship: For industrial attachment/internship (Max 12 months).
N/A
USD 100 / Yr
Note: All fees are payable via the eCitizen platform. A mandatory security bond may be required for certain classes. The above does not include legal fees.
6. Alien ID Registration and Post-Approval Steps
6.1 What is an Alien ID Card?
The Alien Identity Card (Foreign Nationals Certificate) is a mandatory identification document for any foreigner remaining in Kenya for more than 90 days. It is the primary ID used for:
Opening personal bank accounts.
Getting a KRA PIN.
Property Purchase and Getting an Ardhi Sasa ID.
Accessing government services.
6.2 When and how do I apply for an Alien ID?
You are legally obliged to apply for the Alien ID within 90 days of your arrival or upon the issuance of a Work Permit, whichever occurs first.
The registration procedure is as follows:
Booking – Once your Work Permit is endorsed (or if you hold a Dependent or Student pass valid for more than three months), you must schedule a biometrics appointment through eCitizen.
Biometrics – You are required to attend the Immigration HQ (or regional office) in person for fingerprinting and digital photography.
Payment – A fee of KES 5,000 per year, depending on the validity period, must be paid via eCitizen.
Collection – Processing typically takes 2 to 5 weeks. You must personally collect the card.
Disclaimer: This FAQ is for informational purposes only and does not constitute legal advice. Laws in Kenya change frequently. For any enquiries on Residency Permit, Investor Permit, or Work Permit in Kenya or any other matter, do not hesitate to contact us via email at info@olmllp.com.