Immigration Permits in Kenya

Immigration Permits in Kenya: Classes, Requirements, and Laws

Immigration Permits are an essential part of the immigration process in Kenya. The Department of Immigration Services, located at Nyayo House, Kenyatta Avenue/Uhuru Highway, is responsible for processing these permits.

All documents submitted must be in English or translated into English by relevant embassies or authorized organizations. For government contracts, the following additional documents must be submitted alongside the general requirements:

• A valid, signed contract.
• A letter from the relevant Ministry or Government Department, including a list of applicants with full names, nationality, passport numbers, and profession.

The permits issued to foreigners are categorized based on their intended activities in Kenya. They are outlined in the Seventh Schedule of the Kenya Citizenship and Immigration Regulations. Below are the main classes of permits and their requirements:

Class A Permit: Mining and Prospecting

This permit is for individuals or companies involved in mining or prospecting for minerals.

Requirements:

• Mining or prospecting license.
• Proof of investment (minimum USD 100,000).
• For renewals: current license, copy of PIN certificate, audited accounts, and tax compliance certificate.
• Non-refundable processing fee: Kshs 10,000.

Class B Permit: Agriculture and Animal Husbandry

Issued to individuals engaging in agriculture or animal husbandry.

Requirements:

• Proof of land ownership or lease.
• Proof of capital (bank statement).
• Clearance from relevant bodies.
• For renewals: KRA PIN certificate, audited accounts, and tax compliance certificate.
• Non-refundable processing fee: Kshs 10,000.

Class C Permit: Prescribed Professions

This permit applies to professionals such as doctors, lawyers, surveyors, architects, accountants, and engineers.

Requirements:

• Proof of membership in the relevant professional body.
• Certified academic and professional qualifications.
• PIN certificate.
• Non-refundable processing fee: Kshs 10,000.

Class D Permit: Employment

Issued to individuals with specific employment offers from a Kenyan employer, the government, or a UN technical aid scheme.

Key Points:

• The permit is valid for two years and renewable.
• If the individual is outside Kenya when issued, they must enter the country within 90 days or apply for an extension of up to 90 days.
• Employers must report cessation of employment within 15 days.

Requirements:

• Certified copies of academic and professional certificates.
• CV and Form 27 (application form).
• Kenyan understudy details.
• Employer’s registration certificate.
• Non-refundable processing fee: Kshs 10,000.

Class F Permit: Manufacturing

For individuals engaging in specific manufacturing activities.

Requirements:

• License to operate in manufacturing.
• Proof of investment (minimum USD 100,000).
• Company registration documents (certificate of incorporation, memorandum, and articles of association).
• For renewals: CR12, audited accounts, and tax compliance certificate.
• Non-refundable processing fee: Kshs 10,000.

Class G Permit: Trade, Business, or Consultancy

For those engaging in trade, business, or consultancy in Kenya.

Requirements:

• Proof of capital investment (minimum USD 100,000).
• Company incorporation documents.
• Form 27 (application form).
• For renewals: audited accounts and tax compliance certificate.

Class I Permit: Religious or Charitable Activities

Issued to individuals involved in religious or charitable work under registered institutions.

Requirements:

• Registration certificate of the organization.
• Certified copies of academic and professional certificates.
• Non-refundable processing fee: Kshs 1,000.

Class K Permit: Ordinary Residence

This permit is for individuals not engaged in employment or business activities but with an annual income of at least USD 24,000.

Requirements:

• Proof of income (minimum USD 24,000 per annum).
• Must be 35 years or older.
• Non-refundable processing fee: Kshs 10,000.

Class M Permit: Refugees

This permit is for individuals granted refugee status in Kenya, including their spouses.

Requirements:

• Recommendation letter from the Department of Refugee Affairs.

General Requirements for All Permits

• Completed and signed Form 25.
• Cover letter addressed to the Director of Immigration Services.
• Passport copies and two recent passport-sized photos.
• Current immigration status (if already in Kenya).

Applicable Laws

The main laws governing immigration permits in Kenya include:

• The Constitution of Kenya.
• Kenya Citizenship and Immigration Act No. 12 of 2011.
• Kenya Citizenship and Immigration Regulations, 2012.

These laws and regulations provide the legal framework for issuing different classes of permits as described under Section 36 of the Act.

Contact us at info@swkadvocates.com for legal assistance with Immigration Permits in Kenya.