Work Permit for Investors and Business Owners in Kenya

Securing a Kenyan work permit allows foreign investors and business owners to legally reside and work in the country. This facilitates navigating the local business landscape, managing enterprises, and capitalizing on economic opportunities in Kenya. This section covers the different classes of work permits for foreign investors and business owners establishing or operating ventures in Kenya.

Jul 19, 2024 - 15:27
Jul 27, 2024 - 15:25
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1. Class A Work Permit (Prospecting and Mining)

A Class A permit is issued to foreigners or foreign partnerships planning to conduct mineral prospecting or mining activities in Kenya.

To qualify for this permit, applicants must meet the following criteria:

  1. Intent to engage in prospecting or mining operations within Kenya.
  2. Possession of, or assurance of obtaining, a valid prospecting or mining right license.
  3. Demonstration of sufficient capital or resources to support the intended operations.

To obtain a Class 'A' Work Permit in Kenya, applicants must meet the following requirements:

  1. Cover Letter: Submit two copies of a detailed, signed cover letter from the company or organization, addressed to the Director of Immigration Services.
  2. Investment Proof: Demonstrate a minimum investment of USD 100,000 or its equivalent through:
    1. A personal bank statement from a local bank, or
    2. For those joining an existing business: company bank statement, shareholding certificate, and audited financial accounts
  3. Licenses: Provide copies of any held prospecting licenses.
  4. Tax Compliance Certificate: For permit renewals, submit evidence of tax compliance.
  5. Identification Documents:
    1. Proof of current immigration status if already in Kenya.
    2. Copies of any previous permits or passes held.
    3. A copy of a valid national passport.
  6. Additional Documentation: For renewals, submit current signed audited accounts for the previous year.
  7. Fees:
    1. Annual permit fee: KES. 500,000 (payable after permit approval)
    2. Non-refundable processing fee: KES. 20,000

2. Class B Work Permit (Agriculture & Husbandry)

A Class B permit in Kenya is issued to a person planning to engage in agricultural or animal husbandry businesses within the country. To qualify for this permit, applicants must meet several key requirements:

  1. Intent: The applicant must demonstrate a clear intention to pursue agricultural or animal husbandry activities in Kenya.
  2. Land Permission: Applicants must have obtained the necessary authorization to hold an interest in land within Kenya. This is crucial for conducting agricultural or livestock-related operations.
  3. Financial Capacity: The applicant must provide evidence of sufficient capital and resources to support their intended agricultural or animal husbandry venture.

The requirements for obtaining a Class 'B' Work Permit include:

  1. Two copies of a detailed, signed cover letter from the company or organization, addressed to the Director of Immigration Services.
  2. A copy of a valid national passport.
  3. Two recent passport-sized color photographs, required for both new applications and renewals.
  4. Proof of current immigration status if the applicant is already in the country.
  5. Copies of any previously held permits or passes.
  6. Evidence of land ownership or leasehold.
  7. Proof of capital availability, amounting to USD 100,000.
  8. Clearances or licenses from relevant regulatory bodies.
  9. A copy of the Tax PIN (Personal Identification Number) certificate.
  10. For renewals, current signed and audited accounts for the previous year.
  11. For renewals, a tax compliance certificate from the Kenya Revenue Authority (KRA).
  12.  Official English translations of any documents in foreign languages, provided by an embassy, public notary, or authorized institution.
  13. Fees:
      1. Annual permit fee: KES. 250,000 (payable after approval)
      2. Non-refundable processing fee: KES. 20,000

3. Class C Work Permit (Prescribed Profession)

A Class C permit is a specific type of work authorization in Kenya. It is designed for a foreigner who belong to a prescribed professions and intend to practice their profession within the country. 

This permit applies to professionals who plan to work independently or as part of a partnership. To be eligible for a Class C permit, applicants must meet the following criteria:

  1. They must be members of a profession that is recognized and prescribed by Kenyan authorities.
  2. They must possess the qualifications that are specifically required for their profession in Kenya.
  3. They need to demonstrate that they have adequate capital or resources to support their professional practice in the country.

The prescribed professions, as provided for in the Kenya Citizenship and Immigration Regulations, 2012, are:

The Prescribed Professions
  • Medical profession
  • Dentistry
  • Legal profession
  • Surveying
  • Estate agency
  • Valuation and 
  • Land agency
  • Architecture 
  • Quantity surveying 
  • Pharmacy
  • Veterinary surgery
  • Engineering
  • Nursing
  • Physiotherapy
  • Accountancy 
  • Chartered secretarial services
  • Actuarial science
  • Scientific research, and
  • Information and communication technology expertise.

The application process for a Class 'C' Work Permit in Kenya involves meeting specific criteria and submitting essential documents. Applicants are required to provide the following:

  1. Two copies of a comprehensive cover letter addressed to the Director of Immigration Services.
  2. A valid national passport copy.
  3. Two recent color photographs in passport size.
  4. Documentation proving current immigration status for those already in Kenya.
  5.  Copies of previously held permits or passes.
  6. For renewals, a Kenya Revenue Authority (KRA) tax compliance certificate is necessary.
  7. Proof of professional membership.
  8. Certified copies of academic and professional certificates.
  9. An up-to-date curriculum vitae (CV).
  10. A copy of the Tax PIN certificate.
  11. English translations for any documents in foreign languages.
  12. Fees:
      1. Annual permit fee: KES. 250,000 (payable after approval)
      2. Non-refundable processing fee: KES. 20,000

All citizens of the East African Community (Uganda, Tanzania, Rwanda, and Burundi) are exempt from payment of the processing and permit fees.

4. Class F Work Permit (Specific Manufacturing)

A Class F work permit is applied for by foreigners engaged in specific manufacturing businesses. To apply for a Class 'F' work permit, it is necessary for the company to be registered first.

This permit is issued to a person who intends to engage, whether alone or in partnership, in a specific manufacturing business in Kenya, and who:

  1. Has obtained any necessary license, registration, or other authority or permission.
  2. Has sufficient capital and other resources at their full and free disposition for the purpose.
  3. Will engage in manufacturing that will benefit Kenya.

To apply for a Class 'F' Work Permit, the following requirements must be met:

  1. Investment Proof : Provide documentary evidence of a minimum investment of USD 100,000 or its equivalent in another currency. This can be demonstrated through:
      • A personal bank statement from a local bank account, or
      • For those joining an existing business: company bank statement, shareholding certificate, and audited financial accounts.
  2. Business Registration Documentation:
      1. Copy of the business license
      2. Company registration certificate or Certificate of Incorporation
      3. Copy of the company's Memorandum and Articles of Association
  3. Identification Documents:
      1. Copy of a valid national passport
      2. Personal Identification Number (PIN)
      3. Company PIN (if the business is operational)
  4. For renewals: Proof of tax compliance from Kenya Revenue Authority.
  5. Fees:
      1. Annual permit fee: KES. 250,000 (payable after approval)
      2. Non-refundable processing fee: KES. 20,000

5. Class G Work Permit (Specific Trade, Business or Consultancy)

The Class G permit is a specific type of authorization permit issued to foreign investors in Kenya. It is granted to foreigners who plan to engage in particular trades, businesses, or consultancy services, either independently or in partnership.

To qualify for this permit, applicants must meet the following criteria:

  1. Obtain necessary licenses: The applicant must have secured any required licenses, registrations, or other forms of authorization relevant to their intended business activities.
  2. Demonstrate financial capability: The individual must possess sufficient capital and resources at their full disposal to support their business endeavors.
  3. Contribute to Kenya's economy: The applicant's engagement in their chosen trade, business, consultancy, or profession should be deemed beneficial to Kenya.

To apply for a Class 'G' Work Permit, the following requirements must be met:

  1. Investment Proof: Provide documentary evidence of a minimum USD 100,000 investment or equivalent in another currency. This can be demonstrated through:
    1. A personal bank statement from a local bank account, or
    2. For those joining an existing business: company bank statement, shareholding certificate, and audited financial accounts.
  2. Business Registration Documentation:
    1. Company registration certificate or Certificate of Incorporation
    2. Copy of the company's Memorandum and Articles of Association
  3. Identification Documents:
    1. A valid national passport 
    2. Copies of Tax Personal Identification Number (PIN) and
    3. Company Tax Personal Identification Number (PIN) if the business is operational.
  4. Tax Compliance Certificate:
    1. Tax compliance certificate for permit renewals from Kenya Revenue Authority.
  5. Employment information:
    1. List of Kenyan employees already employed in the business.
  6. Fees:
    1. Annual permit fee: KES. 250,000 (payable after permit approval)
    2. Non-refundable processing fee: KES. 20,000

6. New or Renewal of Permit (Exemption)

This permit category is specifically designed for foreigners or groups who have been granted an exemption from standard work permit requirements.

The exemption is issued by the Cabinet Secretary and is officially announced in the Gazette, as stipulated in Section 34 (3)(g) of the Kenya Citizenship and Immigration Act, 2011.

Some of the Key points to note about this permit exemption include:

  1. Eligibility: This permit applies to persons or classes of persons explicitly exempted by the Cabinet Secretary.
  2. Legal Basis: The exemption is grounded in the Kenya Citizenship and Immigration Act, 2011, specifically Section 34 (3)(g).
  3. Kenya Gazette Official notification: The exemption is made public through an announcement in the Kenya Gazette.
  4. Purpose: This provision allows for flexibility in work permit regulations, accommodating special cases or groups as determined by the government.
  5. Exemption Application Confirmation: This permit can be either newly issued or renewed by still applying online on the eFNS Portal, depending on the individual's circumstances and the terms of the exemption.

7. The Application Process for the Work Permits in Kenya

The application process for all the work permits is completed online through the electronic Foreign Nationals Services (eFNS) portal. Here's a detailed breakdown of the procedure and key steps to apply:

  1. eFNS Account Creation: Begin by creating a login account on the eFNS Portal.
  2. Portal Access: Use your newly created credentials to log into the eFNS portal.
  3. Application Initiation: Once logged in, locate and click on the "Apply now" link.
  4. Application Selection: Navigate to the "Submit New Applications" tab and choose the "Permit Issuance/Renewal" option.
  5. Form Completion: Fill out the application form with accurate information.
  6.  Invoice Generation: Upon form submission, an invoice will be generated. Access this by clicking on "Dashboard" followed by the "Payments" tab.
  7. Payment Options:
    1. Online Payment: Utilize available online payment methods.
    2.  In-Person Payment: If online payment is not feasible, print your application form via the "Dashboard" and "My Applications" tab. Submit this form along with all required documents at the Immigration headquarters (Nyayo House) for payment and processing.
  8. Application Tracking: The system will send automatic notifications via email and update your online account regarding the progress of your application.

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