Premium & Efficient Immigration Permits in Kenya

Mar 13, 2022 | Law, Our Highlights, Top Law Firm

Premium & Efficient Immigration Permit Services in Kenya

Immigration matters in the country are governed by the Kenya Citizenship Immigration Act, No. 12 of 2011. Foreign nationals keen to operate in Kenya must obtain a permit.  The Permits are issued by the Director of Immigration Services and enable a foreigner to engage in trade, employment, and carry out investments, among other activities in Kenya.

Kenya’s work permits are classified (Class A to M) based on a foreigner’s various activities while in the country. Each Class has specific requirements to be met before issuing the Permit. However, a few general requirements cut across the classes save for Class M that has various exemptions.  

For instance, an applicant must duly fill and sign the prescribed form for application and have a signed cover letter from the employer. The letter should be addressed to the Director-General of Immigration Services. An applicant also must have a copy of a national passport, two recent coloured passport size photos, and where they are already in the country, they must disclose their current immigration status. In certain instances, taxes also play a key role, as the various classes require a valid tax compliance certificate. A processing fee and an annual fee are also charged.

Please note that:

sector-specific may have a different figure, if the sector-specific figure is lower, you will need to comply with the Immigration Law financial requirements; however, where the sector-specific has a higher amount, for purposes of the Immigration Permit, you will require the bare minimum of the Immigration Law financial requirements and for securing the permits under the sector-specific laws, you will be required to comply with that sector-specific financial requirement.

the government fees herein refer to a one-year permit, our quote will factor in a two-year permit.

A foreign national engaging in any work in Kenya without a valid permit commits an offence. Consequently, employing a foreign national with the knowledge that they are not authorized to work in Kenya is also an offence. Therefore, one must be aware of the various classes of Permits in Kenya as provided below:

CLASS A (Prospecting and Mining)

The Permit is issued to a person who intends to participate in mineral prospecting or the mining industry in Kenya. It is notable that to acquire this permit, one needs to obtain the relevant prospecting or mining rights or licenses from the State Department of Mining. One should also have sufficient capital or resources for the investments to be undertaken. Notably, the proof of funds for investments for this permit is at least a minimum of USD 100,000.

Notably, the processing fee for the Permits is Kshs. 10,050, which is non-refundable. There is also an annual fee of Kshs. 250,050. Importantly, an applicant must provide a valid tax compliance certificate.

Regarding renewal of the Permit, an individual Tax Compliance Certificate, a copy of the Kenya Revenue Authority PIN, current license, and signed audited accounts for the last year will be required.

CLASS B (Agriculture and Animal Husbandry)

The Permit is designated for the foreign national intending to participate in the Agriculture and Animal Husbandry Sectors. To qualify for this Permit, one has to receive all the relevant permissions necessary to acquire an interest in land of sufficient size and one suitable to carry out the activities in the sector. Proof of capital availability bank statement (minimum USD 100,000) and a valid tax compliance certificate are also needed.

The permit also requires a processing fee of Kshs. 10,050 which is non-refundable, and an annual fee of Kshs. 100,050. Current audited accounts and individual tax compliance certificates will be required for renewal purposes.

CLASS C (Prescribed Profession)

The Permit is reserved for a member of a prescribed profession intending to practice that profession in Kenya, whether alone or in a partnership. The prescribed professions include: Medical profession, Dentists, Legal profession, Surveyors, Estate Agent, Valuer, and Land Agent, Architects or Quantity surveyors, Pharmacists, Veterinary Surgeons, Engineers, Nursing Profession, Physiotherapists, Accountants, Chartered Secretaries, Actuaries, Scientist, Information and Communication Technology Experts.

The nature of the activities to be carried out requires that an applicant possess the prescribed qualification and has sufficient capital and other resources for that purpose. The applicant should also be registered with a professional body, association, or institute in their own country.

Importantly, the practice should be beneficial to Kenya. Other requirements include a valid tax compliance certificate, copies of certified academic and professional qualifications, a copy of the PIN Certificate, and a Tax Compliance certificate when renewing. The Permit attracts a non-refundable processing fee of Kshs, 10,050, and an annual fee of Kshs. 100,050.  

CLASS D (Employment)

The Permit is designated for persons whom an employer has offered specific employment, the government of Kenya, or authority under the control of the government, United Nations Organizations, or approved agency. The applicant must have skills and qualifications that are not available in Kenya. It is notable that their engagement in employment should also be beneficial to the country.

Application of the Permit requires certified copies of academic and professional certificates, curriculum vitae, a Kenyan understudy, certified copies of academic credentials, and contacts of the understudy.

In addition, a certificate of registration of the organization and a clearance letter from relevant institutions will also be required. The applicant will also fill and sign a Report on Employment (provided as Form 27). The Permit attracts a non-refundable processing fee of Kshs. 10,050 and an annual fee of Kshs. 200,050.

CLASS F (Specific Manufacturing)

The Permit relates to persons who intend to engage in specific manufacturing in the country. A license, registration, and permission necessary for the purpose must be sought. The applicant should also have sufficient capital and other resources for the purpose. The proof of funds for the investment is a minimum of USD 100,000.

Notably, the engagement in the manufacture should be beneficial to Kenya. Other requirements include: a valid organization Tax Compliance certificate, Registration certificate of the company, signed Articles of association, Memorandum of understanding, and a Copy of PIN certificate. The permit attracts a non-refundable processing fee of Kshs. 10,050 and an annual fee of Kshs. 100,050.

For renewal purposes, Current audited accounts and individual tax compliance certificate will be required.

CLASS G (Specific trade, business, or consultancy)

The Permit is issued to persons intending to engage in a specific trade, business, consultancy, or profession (other than the prescribed professions provided under Class C) in Kenya. A foreign national applying for this permit needs to have the company’s incorporation documents or business. That is a certificate of incorporation, articles of association, and a memorandum of understanding. They will also be required to fill and sign a Report on Employment (provided as Form 27) and give copies of the PIN Certificate and valid tax compliance certificate.

Documentary proof of capital to be invested of at least USD 100,000 is also paramount during the application process. Consequently, the permit attracts a non-refundable processing fee is Kshs. 10,050 and an annual fee of Kshs. 100,050.

In regard to renewal, signed current audited accounts and individual Tax Compliance Certificates will be required.

CLASS I (Approved Religious or Charitable Societies)

The Permit is designated for members of institutions registered under the Society’s Act and are engaged as a missionary. It is also applicable to members of a company limited by guarantee and members of a trust registered under the Trustees Act and approved by the Government of Kenya. It is requisite that the member’s presence applying for the permit is beneficial to Kenya.

Applying for this Permit requires a registration certificate of the organization, certified copies of academic and professional certificates, and a valid organization tax compliance certificate. Individual tax compliance certificates will be required for renewal cases.

The permit attracts a non-refundable processing fee of Kshs. 1,000 and an annual fee of Kshs. 5,000.

CLASS K (Ordinary Residents)

The Permit is designated for persons above 35 years of age who have an assured income of not less than USD 24,000. The income should be derived from other sources other than what is provided in other classes of permits, being an income that is derived from sources outside Kenya and will be remitted in Kenya. The income may also be derived from pension or annuity payable from sources in Kenya.

Importantly, it is also a requirement that the applicant undertakes not to accept employment, paid or unpaid, or engage in any income-generating activity of any kind without a valid permit. In addition, the applicant’s presence in the country should be beneficial to Kenya. 

Applying for this permit requires documentary proof of annual assured income of at least USD 24,000 from other sources of income other than employment, occupation, trade, business, or profession, income that is derived from sources outside Kenya remitted as pension or annuity, valid organization tax compliance certificate and individual tax compliance certificates for renewal.

The Permit attracts a non-refundable processing fee of Kshs. 10,050 and an annual fee of Kshs. 100,050.

Class M (Refugees)

The Permit usually is processed free of charge. It is issued to persons granted refugee status in Kenya who intend to engage in employment or specific occupation, trade, business, or profession.

An applicant for this permit should have a recommendation letter from the Department of Refugee Affairs, a valid organization tax compliance, and on renewal, an individual tax compliance certificate will also be required.

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