Who is a Foreign National in Kenya?
Understanding who is considered a foreign national in Kenya is essential for both visitors and residents alike. In Kenya, a foreign national refers to any person who is not a citizen of the country. This includes individuals who are visiting Kenya for tourism, business, work, or any other purpose but do not hold Kenyan citizenship.
1. Defining the Term "Foreign National" in the Context of Kenyan Law
In the context of Kenyan law, the term "foreign national" refers to an individual who is not a citizen of Kenya.
This definition is provided in Part 1 of the Kenya Citizenship and Immigration Act 2011. The Act outlines the legal framework for the registration and management of foreign nationals within the country.
2. Rights and Responsibilities of Foreign Nationals Living or Working in Kenya
Rights afforded to foreign nationals in Kenya
- Right to work: Foreign nationals with valid work permits have the right to work in Kenya within the scope specified in their permits.
- Right to legal protection: Foreign nationals are entitled to legal protection under Kenyan law, including access to justice and fair treatment.
- Right to non-discrimination: Foreign nationals should not be discriminated against based on their nationality, race, or any other grounds.
Legal responsibilities and obligations of foreign nationals in Kenya
- Compliance with immigration laws: Foreign nationals are responsible for ensuring that they comply with all immigration laws and regulations while living or working in Kenya.
- Respect for local customs and traditions: It is important for foreign nationals to respect the local customs, traditions, and culture of Kenya.
- Contribution to society: Foreign nationals should strive to positively contribute to the society they live and work in by respecting local norms, values, and laws.
3. Laws and Regulations Governing Foreign Nationals in Kenya
The registration of foreign nationals is governed by the Kenya Citizenship and Immigration Act of 2011, Part VII (56) 2 Laws of Kenya, and the Kenya Citizens and Foreign Nationals Management Service Act No. 31 of 2011.
4. Kenya Foreign Nationals Service Portal (eFNS)
Foreign nationals in Kenya can access services through the Kenya Foreign Nationals Service Portal (eFNS). This portal, managed by the Department of Immigration Services under the Ministry of Interior and Coordination of National Government, allows foreign nationals to apply for various services, including:
- Alien cards: Identification cards for foreign residents.
- Passes: For temporary visits or transit.
- Permits: For work, study, or other specific purposes.
- Permanent Residence: For those seeking long-term residency in Kenya.
- Kenya Citizenship: For those interested in becoming Kenyan citizens.
5. Useful Links
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