OLM KNOWLEDGE — LEGAL GUIDE

Work Permits in Kenya: FAQ

Common questions on Kenyan work permits, immigration status and visas, answered for employers and individuals.

At a glance

  • Work permits are issued under the Kenya Citizenship and Immigration Act 2011 and the 2012 Regulations (Seventh Schedule), via the eFNS / eCitizen portal.
  • Class D (employment) and Class G (business/investor) are the most common; short assignments use a Special Pass.
  • EAC nationals now apply under the fee-free Class R permit, introduced in late 2024.
  • Visitors need an Electronic Travel Authorisation (eTA), which is separate from a work permit and does not authorise work.
  • It is unlawful to take up employment before a permit is granted.

Frequently asked questions

Who needs a work permit in Kenya?

Any foreign national who intends to work, run a business or practise a profession in Kenya needs the appropriate permit or pass. Tourism and short visits are covered by an Electronic Travel Authorisation (eTA), which does not authorise work or business.

What are the main work permit classes?

The two most common for business are Class D, for employment by a specific Kenyan employer, and Class G, for a trade, business or consultancy (requiring proof of capital of at least USD 100,000). Other classes in the Seventh Schedule cover prospecting and mining (A), agriculture (B), specific manufacturing (F), approved religious activity (I), ordinary residents of independent means (K), and — newly — digital nomads (N).

How do EAC nationals apply?

Citizens of East African Community member states apply under the Class R permit, introduced by the December 2024 amendments (Legal Notice 198 of 2024). It consolidates employment, business and professional activity into one category and is issued fee-free, reflecting the EAC Common Market commitment to free movement of labour. Worth noting on sourcing: that legal notice is not held in Kenya Law’s database, and the consolidated Regulations there (current to Legal Notice 93 of 2025) do not yet show a Class R entry, although the Directorate lists Class R as gratis in its Service Delivery Charter 2025.

What is a Special Pass?

A Special Pass authorises short-term work or business for up to six months, at USD 200 per month for non-EAC nationals. It suits genuinely temporary assignments — installation, training, short consultancy — or bridges the gap while a substantive permit is processed. It is not a substitute for a Class D or G permit for ongoing work.

How do I apply, and what is the process?

Applications are made online through the Foreign Nationals Services (eFNS) portal on eCitizen. You create an account, complete the relevant forms, upload supporting documents — passport, qualifications, and, for Class D, the employment contract and understudy plan, or for Class G the business plan and proof of capital — pay the prescribed fees, and submit for review by the Directorate of Immigration Services. On approval, the permit is endorsed and the holder completes alien registration for a Foreign National ID.

What does a permit cost?

Fees depend on the class — a non-refundable processing fee plus an annual issuance fee on approval, and usually a security bond. The schedule was revised in December 2024, so confirm the current amounts on your eFNS invoice before paying. EAC nationals’ Class R permits are issued fee-free.

What is the Kenyan understudy requirement?

Most Class D applications require the employer to designate a Kenyan understudy — with a CV, certificates and a training plan — to be trained to take over the role over time. It reflects the policy aim of transferring skills to local staff, and weak understudy evidence is a common reason Class D applications stall.

How long does processing take?

The Directorate’s Service Delivery Charter 2025 sets a standard of 21 working days for a new work or residence permit and 10 working days for a renewal, with 7 working days for a Special Pass and 15 working days for a dependant’s, student’s or internship pass. In practice a complete Class D or Class G application commonly runs to around 30 to 60 calendar days from submission to decision. Incomplete or inconsistent documents are the most common cause of delay, so a clean, well-evidenced application is the fastest route.

Can my family join me?

Yes. A spouse and dependent children can apply for dependant’s passes to reside in Kenya alongside the permit holder, with their own supporting documents (marriage and birth certificates).

Can I start work while my application is pending?

No. It is unlawful to take up employment before authorisation is granted. Where work must begin sooner, a Special Pass can lawfully bridge the gap.

Are permits renewable, and what happens if mine lapses?

Most permits are renewable provided the holder still meets the eligibility criteria; apply through eFNS before expiry. Allowing a permit to lapse, or working outside its terms, puts the holder out of lawful status and can lead to enforcement action, so renewals should be diarised well ahead.

What is the difference between an eTA, a visa and a work permit?

The eTA is a pre-travel authorisation for visitors and does not permit work. A work permit (or pass) is what authorises a foreign national to work, run a business or reside long-term. Confusing the two — arriving on an eTA and starting work — is a frequent and avoidable compliance failure.

What are the requirements for a Class G work permit in Kenya?

A Class G permit is for trade, business or consultancy activity and requires proof of investment capital of at least USD 100,000, a valid trade or business registration, and supporting documents showing the nature of the business activity in Kenya. Applicants should budget for the standard government processing fees and, where applicable, evidence of source of funds.

What documents are generally required for a work permit application in Kenya?

Requirements vary by permit class, but most applications require a valid passport, passport-sized photographs, a signed offer of employment or business proposal, academic and professional certificates, a police clearance certificate, and the relevant government processing fee. Employers must also show they have made reasonable efforts to recruit locally before sponsoring a foreign employee.

Which forms do I need to file?

Regulation 19(1) of the Kenya Citizenship and Immigration Regulations 2012 provides that an application for a residence or work permit is made to the Director in Form 25 of the First Schedule, and Form 25 itself asks for the qualifications of the understudy. Form 27 is the return of persons in employment under regulation 22, which lists expatriates and their Kenyan understudies, and the Directorate requires it as part of a Class D application. A Special Pass is applied for on Form 32 and a dependant’s pass on Form 28. All of them are completed and submitted through the eFNS portal rather than over the counter.

Who files the application, the employer or the applicant?

In practice the employer or sponsoring organisation drives a Class D application, because most of the bundle is corporate: the cover letter to the Director General, the certificate of registration, tax compliance certificates, the understudy papers and the evidence that the role could not be filled locally. A Class G applicant assembles their own investment and incorporation documents. Either way the organisation carries the compliance exposure if work begins before authorisation.

What happens after the permit is approved?

You pay the issuance fee, print the permit from the eFNS portal and present it at the immigration office for endorsement. Do not let the invoice sit: regulation 55 of the Kenya Citizenship and Immigration Regulations 2012 provides that where an immigration officer has notified an applicant in writing that a permit, pass, visa or certificate has been approved, the approval ceases to be valid if the fee is not paid within thirty days of that notification. Registration as a foreigner is a separate step, and the resulting certificate is what banks, regulators and employers will ask to see. Dependants’ passes are then filed and tracked to the validity of the principal permit.

What if my application is refused?

The processing fee is not refunded. A person aggrieved by the Director’s decision may apply to the Cabinet Secretary for a review under section 22(1) of the Kenya Citizens and Foreign Nationals Management Service Act, 2011, and that Act also establishes the Kenya Citizenship and Immigration Service Appeals Tribunal at section 23. Refusals usually turn on a curable defect rather than the merits of the appointment: the wrong class, thin evidence that the role could not be filled locally, incomplete understudy documentation, unevidenced investment capital or expired tax compliance certificates. A properly reconstructed fresh application is frequently faster than pursuing a review, but the defect has to be identified honestly first. Our guide sets out the most common reasons applications are rejected.

Can I change employer or role on an existing permit?

A Class D permit is tied to the specific employer named in it and does not travel with you, so a move requires a fresh application. A material change of role with the same employer should also be reviewed, because the permit was granted on the basis of the position described in the original application.

Do I need a Kenyan company before I can apply?

For Class D you need a registered Kenyan employer, and for Class G you need the entity through which the trade or business will be carried on. If neither exists yet, deal with incorporation first — our guides to company registration in Kenya and registering a company as a foreigner cover the documents the Directorate will later want to see.

Do documents from outside Kenya need to be legalised?

Usually yes. Degree certificates, professional registrations, powers of attorney and corporate documents executed abroad generally need to be legalised or apostilled before they will be accepted, and anything not in English needs a translation from an embassy, public notary or other recognised institution. Our guide to the legalisation of documents in Kenya sets out the route country by country.

What are my obligations as an employer once the permit is issued?

The permit is only the immigration layer. The employment relationship itself is governed by Kenyan law on contracts, working time, statutory deductions and termination, and the skills-transfer commitment behind a Class D understudy is expected to be real. See our employment and labour practice and our overview of labour law in Kenya.

These are quick answers. For the fee tables, the full document checklists, the step-by-step eFNS sequence and a side-by-side comparison of the classes, see our Kenya work permit guide. Remote workers should read our note on the Class N digital nomad permit, and businesses planning a wider market entry will find immigration set in context in doing business in Kenya.

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Our immigration team advises individuals and employers on work permits, passes, immigration status and compliance. For any enquiries on this or any other matter, do not hesitate to contact us via email at [email protected]. Speak to Our Team Get in Touch
Disclaimer: This article has been prepared for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute a lawyer-client relationship. Nothing in this article is intended to guarantee, warranty, or predict the outcome of a particular case and should not be construed as such a guarantee, warranty, or prediction. The authors are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information. Readers should take specific advice from a qualified professional when dealing with specific situations.