Kenya, renowned for its economic dynamism and rich natural resources, offers vast opportunities for foreign investors, professionals, and entrepreneurs. However, compliance with immigration laws, particularly understanding the classes of work permits in Kenya, is paramount for any foreigner seeking to work, invest, or reside in Kenya. At F.M. Muteti & Company Advocates, we pride ourselves on being the best immigration lawyers in Kenya, providing seamless legal support to foreign nationals navigating the intricate work permit process.
This guide breaks down the different classes of work permits in Kenya, their eligibility, and requirements to help you understand and prepare for your application.
What are the different types of work permits in Kenya?
Understanding the different types of work permits in Kenya is essential for foreign nationals seeking to work or invest in the country. Kenya offers various classes of work permits tailored to different professional, business, and investment needs. Each permit class comes with specific requirements and application procedures, ensuring that applicants meet the legal and regulatory standards set by Kenyan immigration laws. Here are the main classes of work permits in Kenya;
Class A Permit: For Prospecting and Miners
This work permit in Kenya is for individuals or partnerships engaging in mineral prospecting or mining. Applicants must hold the necessary prospecting or mining licenses, demonstrate possession of sufficient resources (minimum USD 100,000), and show how their activities will benefit Kenya.
Requirements:
- Proof of funds (minimum USD 100,000).
- Necessary licenses and registrations for mining or prospecting.
- Copy of previous permits or passes held (if applicable).
- Tax Compliance Certificate from KRA.
- Signed audited accounts for the last year (for renewals).
- Application fees (non-refundable) – Kshs. 500,000.
Class B Permit: For Agriculture and Animal Husbandry
Ideal for individuals or entities investing in farming or livestock rearing. Applicants must prove ownership or lease of land and possess at least USD 100,000 in capital.
Requirements:
- Proof of land ownership or lease.
- Proof of capital availability (minimum USD 100,000).
- Clearance/license from relevant authorities.
- Tax Compliance Certificate from KRA.
- Signed audited accounts for the last year (for renewals).
- Application fees (non-refundable) – Kshs. 250,000.
Class C Permit: For Prescribed Professions
This applies to professionals such as engineers, lawyers, doctors, and ICT experts who must hold recognized qualifications and membership in relevant professional bodies.
Requirements:
- Certified copies of academic and professional certificates.
- Proof of membership in a prescribed profession.
- Tax Compliance Certificate from KRA.
- Curriculum vitae (CV).
- Application fees (non-refundable) – Kshs. 250,000.
Class D Permit: For Employment
This work permit in Kenya is for foreign nationals offered specific employment by a Kenyan entity. Employers must show that the position requires skills unavailable locally.
Requirements:
- Certified copies of academic and professional certificates.
- Employment contract and name of Kenyan understudy.
- Tax Compliance Certificate from KRA.
- Curriculum vitae (CV).
- Application fees (non-refundable) – Kshs. 50000.
Class F Permit: Specific Manufacturing (KEP/F)
Class F Work Permit is designed for individuals intending to engage in specific manufacturing activities in Kenya, either individually or in partnership. To qualify for this permit, the applicant must:
- Have the necessary licenses, registrations, or permissions required for manufacturing in Kenya.
- Possess sufficient capital and resources independently.
- Demonstrate that their manufacturing activities will contribute positively to Kenya’s economy.
Requirements for Application
To apply for Permit Class F, you must provide the following documents:
- Proof of current immigration status if already in Kenya.
- Documents in foreign languages must be translated into English by an Embassy, Public Notary, or a recognized institution.
- Copies of any previously held permits or passes.
- A copy of the license for the specific manufacturing activity.
- Evidence of investment capital amounting to at least USD 100,000.
- A copy of the company registration certificate, Memorandum of Understanding (MoU) and the Articles of Association.
- Signed current audited accounts (required for renewals).
- A copy of the Personal Identification Number (PIN) certificate.
- Tax Compliance Certificates:
- For new applications: Valid organization Tax Compliance Certificate.
- For renewals: Both valid organization and individual Tax Compliance Certificates.
- Proof of the company’s incorporation.
- The company’s shareholding structure (CR12).
- A non-refundable fee of Kshs. 250,000.
Class G Permit: For Specific Trade, Business, or Consultancy
This work permit in Kenya is for those engaging in investments, business or consultancy other than a prescribed profession. Applicants must demonstrate sufficient capital (minimum USD 100,000) and relevant licensing.
Requirements:
- Proof of capital investment (minimum USD 100,000).
- Certificate of incorporation, memorandum, and articles of association.
- CR12 (shareholding certificate).
- Tax Compliance Certificate from KRA.
- Signed audited accounts (for renewals).
- Application fees (non-refundable) – Kshs. 250,000.
Class I Permit: For Religious and Charitable Activities
This work permit is for missionaries and members of institutions registered under the Societies Act or Trustees Act.
Requirements:
- Copy of the organization’s registration certificate.
- Certified academic and professional certificates and Tax Compliance Certificate (KRA).
- Application Fee: Kshs 50,000
- Processing fees: Kshs. 5,000.
Class K Permit: For Ordinary Residents
This is for individuals aged 35 and above with an annual assured income of at least USD 24,000 from sources outside Kenya. The said income should be derived from sources other than employment, trade, business or profesion. For purposes of Class K work permit, the income should be derived from pension and annuity and should be remitted to Kenya.
Requirements:
- Proof of assured annual income (USD 24,000).
- Tax Compliance Certificate (KRA).
- Application fees: Kshs. 250,000.
Class M Permit: For Refugees
This permit is for refugees and their spouses recognized under Kenyan refugee laws.
Requirements:
- Recommendation letter from the Department of Refugee Affairs.
- Tax Compliance Certificate (KRA).
- Application fees: Gratis
The following requisite documents apply to all classes of permits in Kenya; duly filled and signed Form 25, valid passport, two passport-size photos, processing fees of Kshs. 20,000 (except for refugees) and cover letter addressed to the Director of Immigration Services.
Conclusion
In conclusion, obtaining a work permit in Kenya is a structured but intricate process, requiring compliance with specific regulations tailored to the applicant’s intended activity. Understanding the distinctions between the classes of work permits in Kenya is essential for aligning your application with legal and procedural requirements. Engaging skilled legal professionals can significantly enhance the efficiency of the application process, ensuring that your ventures align with Kenya’s immigration and economic policies. At F.M. Muteti & Co. Advocates, we are committed to simplifying this journey, enabling our clients to focus on achieving their goals in Kenya.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult a qualified legal professional. F.M. Muteti & Company Advocates being the best law firm in Kenya is here to assist you with your legal needs.
