The world is facing an unprecedented global health, social and economic emergency with the COVID-19 pandemic. The Travel and tourism sector are among the most affected with travel restrictions put in place in virtually all countries around the world and Kenya is no exception. The immigration procedures in Kenya can be quite challenging for foreigners even more since the Covid-19 crisis. The Kenya citizenship and Immigration Act of 2011 Part VII, section 56(2) states that all foreigners residing for more than 90 days in Kenya are required to register and obtain a foreign national registration certificate. It is usually valid for up to 2-years renewable and 3-years for holders of permanent residence permit.

Registration of Work Permits & Dependant Passes

A work permit is a document issued to foreign workers to enable them to engage in business in the host country. Whenever a foreigner comes to Kenya to work, they are required to acquire a work permit from the department of Immigration. There are different classes of work permits based on the activities one will undertake in the country and they include:

• Class A: For anyone entering the prospecting and mining industries.
• Class B: For individuals interested in agriculture or animal husbandry.
• Class C: For anyone who is a member of a prescribed profession who will practice it alone or in a partnership in Kenya.
• Class D: This permit is meant for people offered specific employment with an employer, the Kenyan government, any authority under the Kenyan government, the United Nations (U.N.), or another approved agency.
• Class F: For people who want to engage in specific manufacturing activities.
• Class G: For anyone who wants to enter a certain trade, business, consultancy role, or profession.
• Class I: For individuals undertaking religious or charitable activities.
• Class K: For ordinary residents at least 35 years old with an annual income of a certain amount from sources other than employment.
• Class M: This permit is for anyone granted refugee status in the country.

The following are the requirements needed for the registration and are as follows;

1. Duly filled application form.
2. Cover letter from employer/self/sponsoring organization.
3. Copies of the applicant’s passport.
4. Two colored size passports.
5. Copy of any previous permit or pass held.
6. The Processing fee.

In addition, those who intend to engage in business, one is required to produce a copy of their KRA PIN certificate and show that they have made a capital investment of at least 100, 000 US Dollars.

Dependent Passes

A dependant is an individual who is unable to take care of themselves because of age, medical condition or lack of income. The applicant needs to prove that one has sufficient income to support the dependant for the duration of stay in the country. The applicant must also provide proof of one’s relationship with the dependant by the presentation of a birth certificate, a marriage certificate or a death certificate. In case the dependant has a disability due to a medical condition, the applicant may produce a medical certificate as proof of incapacity.

The dependant’s pass allows the dependant to enter and live in Kenya for the duration the pass remains valid. The pass may be revoked or become invalid in the event that:

1. the dependant ceases to depend on the applicant;
2. the applicant has failed or is otherwise unable to continue maintaining the dependant;
3. the applicant leaves the country in circumstances that raise a reasonable presumption that his/her absence may not be temporary;
4. the dependant gets employment or an income-generating activity;
5. the applicant dies, loses his/her permanent residence or the legal validity to remain in Kenya; and
6. where the dependant being a child, attains 21 years of age.

Where a dependant’s pass is declared invalid or revoked, the dependant is required to make an application to acquire a valid permit or exit the country until he/she has acquired a valid permit or pass.

HOW WE CAN HELP

As Imperial Registrars we shall be pleased to assist you or your company in complying with all the regulations required in registering for a work permit and dependant pass in Kenya. Kindly get in touch with us for further assistance on the above. (Info@imperialregistrars.co.ke)