Immigration to Kenya
Immigration can be defined as what makes it possible for people to travel to other countries or reside in foreign countries on a permanent or temporary basis. The very first process is to work on getting a passport from your country’s Immigration department.
Once you get a passport, you will need to apply for a visa depending on the laws of the country you are travelling to and the purpose of your visit. Once you arrive in the country, establish what type permit you will need to facilitate your smooth stay. In this case we shall address the necessary documents needed when travelling to Kenya, starting from different types of visas, special passes, permits, residency and citizenship.
Visas in Kenya.
In regards to Visa, entry into and exit from Kenya should only be made through the designated points of entry or departure. Once a person lawfully enters Kenya, they are required to personally report their arrival to the immigration officer at the point of entry. To apply for a visa, an individual should provide their passport or any other travel document.
There are numerous categories of visas that the Director may issue to foreigners entering Kenya. These types include:
• Ordinary visa for single or multiple entries to persons whose nationalities require a visa to enter Kenya.
• Transit Visa, which is issued for periods not exceeding three days to persons whose nationalities require visas to enter Kenya and who intend to transit through Kenya to a different destination.
• Diplomatic Visa for single or multiple entries to holders of Diplomatic Passports who are on official duty.
• Courtesy/official Visa which is issued to persons holding official or service passports on official duty and to ordinary passport holders who are not entitled to Diplomatic Visas but where it is considered necessary as an extension of international courtesy.
• East Africa Single Tourist Visa for single entry to persons whose nationalities require visas to enter Kenya for tourism and onward transit into the Republic of Rwanda or Uganda.
There are various requirements in terms of documentation that are required when making the application for a Visa and they include;
1. Passport Valid for at least Six Months
2. Travel itinerary
3. Supporting letter e.g. letter from company or Invitation letter for business visits/family visits. or
4. Hotel bookings/details about places to visit, if going as a tourist.
The following table outlines the costs that will be incurred in making the application for any type of a visa;
S/No. VISA TYPE PERSONS
ELIGIBLE VALIDITY STATUTORY COSTS LEGAL FEES
1. Ordinary Visa
Foreign citizens.
Single Entry Visa 3 months $ 100
Multiple Entry Visa
5-year multiple entry visa 5 years $ 500
$160
2. East African Single Tourist Visa Tourists visiting
Kenya, Uganda and
Tanzania 90 days $ 100
3. Transit Visa Travelers
Passing through Kenya 3 days $ 50
4. Diplomatic Visa/ Courtesy/Official Visa Holders of
Diplomatic passport or officials on official visit. Similar to Multiple or Single
Entry Visas Free
Passes.
Passes are usually issued in Kenya depending on the nature of a person’s visit. There are various types of Passes that are issued by the Immigration Department of Kenya and these include;
• Special Pass- This is issued to persons entering and remaining in Kenya for a limited period of time for purposes of temporarily conducting a business, trade or profession.
• Student/Research/Internship Pass- This type of Pass is issued to foreign students who have been admitted or accepted to study in a Kenyan Educational or Training Institution.
• Dependent Pass- This type of pass is issued to persons whose spouse/parent/guardian has been permitted to be in Kenya by virtue of being a citizen, permanent resident, or has a permit.
S/No. PASS TYPE PERSONS ELIGIBLE VALIDITY STATUTORY COSTS LEGAL FEES
1. Special Pass
Non-East African Nationals conducting a business temporarily. 1 month $ 200
2. Student Pass Non-East African Nationals conducting studies in Kenyan Institution 1 year $ 100
3. Dependent Pass Spouse, parent or guardian of a foreign national who is lawfully allowed to enter for work purposes or other purposes Depends on the validity of the Dependent’s permit, residency or pass $ 100
4. Research/Internship Non-East African Nationals 1 year $ 100
There are various requirements in terms of documentation that are required when making the application for the various passes in general but some types of documents will be dependent on the type of Pass;
1. Duly filled Application Form.
2. Passport Valid for at least Six Months.
3. Letter to the Director General of Immigration Services depending on the type of pass you are applying for.
4. The Applicant’s current Immigration Status.
5. Current valid Kenyan Permit(any)
6. Parents National Passports (for minors).
7. Birth Certificate (for minors)
8. Consent of the Parents (for minors)
9. Registration Certificate of Organization (Special Pass)
10. Proof of funds (Student Pass)
11. 2 passport size photos.
12. Academic/Professional Certificates.
13. Clearance Letter from Organization (Special Pass)
14. Affidavit of Incapability to sustain self (Dependent Pass)
15. Current Immigration Status of Dependent (Dependent Pass)
16. Police Clearance Certificate (for adults)
Permits.
Permits are documents issued by the Kenyan Immigration Department to enable foreign nationals to engage in missionary activities, trade, prospecting, farming, business, and even professional employment. There are various classes of permits issued and they include;
Class A (For Prospecting and Mining)
This permit is issued to a person who intends to engage, whether alone or in partnership, in prospecting for minerals or mining in Kenya. The permit issued is usually valid for a period of one (1) year and is subject to renewal upon making the necessary application. One is usually required to pay a Non-refundable Processing Fee of $ 200 and an Issuance Fee of $5000 for every year.
For one to apply for this type of permit, the following are the requirements;
1. Duly filled and signed application form.
2. Signed cover letter from the employer / self / organization addressed to the Director General of Immigration Services
3. A Copy of national passport
4. Two recent colored passport size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. License to prospect for minerals mine
8. Proof of funds for investment at least (minimum USD 100,000)
9. Current license and copy of PIN certificate (for renewals)
10. Signed audited accounts for the last one year (for renewal)
Class B (Agriculture and Animal Husbandry)
This permit is issued to a person who intends to engage, whether alone or in partnership, in the business of agriculture or animal husbandry in Kenya. The permit issued is usually valid for a period of one (1) year and is subject to renewal upon making the necessary application. One is usually required to pay a Non-refundable Processing Fee of $ 200 and an Issuance Fee of $2000 for every year. The requirements include;
1. Duly filled and signed application form
2. Signed cover letter from the employer/self / organization addressed to the Director General of Immigration Services
3. A Copy of national passport
4. Two recent colored passport-size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. Proof of land ownership/leasehold
8. Proof capital availability bank statement (minimum USD 100,000)
9. Clearance/license from relevant bodies
10. Copy of PIN certificate
11. Current audited accounts (for renewal)
Class C (Prescribed Profession) - This permit is issued to a person who is a member of a prescribed profession who intends to practice that profession, whether alone or in partnership, in Kenya. The permit issued is usually valid for a period of one (1) year and is subject to renewal upon making the necessary application. One is usually required to pay a Non-refundable Processing Fee of $ 200 and an Issuance Fee of $2000 for every year. The requirements include;
1. Duly filled and signed application Form 25
2. Signed cover letter from the employer / self / organization addressed to the Director General of Immigration Services
3. A Copy of national passport
4. Two recent colored passport size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. Proof of membership to a prescribed profession
8. Copies of certified academic and professional qualifications
9. Copy of PIN certificate
Class D(Employment)
This permit is issued to a person who is offered specific employment by a specific employer, the government of Kenya or any other person or authority under the control of the Government or an approved technical aid scheme under the United Nations Organization or some other approved Agency, who is in possession of skills or qualifications that are not available in Kenya and whose engagement in that employment will be of benefit to Kenya. One is usually required to pay a Non-refundable Processing Fee of $ 200 and an Issuance Fee of $5000 for every year. The requirements include;
1. Duly filled and signed application form
2. Signed cover letter from the employer / self / organization addressed to the Director General of Immigration Services
3. A Copy of national passport
4. Two recent colored passport size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. Duly certified copies of academic and professional certificates
8. Curriculum Vitae
9. Duly filed and signed application form 27
10. Name of Kenyan understudy
11. Certified copies of academic certificates and full contacts of the understudy: – email, address, cell phone
12. Curriculum Vitae of the understudy
13. Certificate of registration of the organization
14. Clearance letter from relevant institutions.
15. Security Bond of 1000 USD valid for three (3) years from a bank of Insurance Company.
Class F (Specific Manufacturing)- This permit is issued to a person who intends to engage, whether alone or in partnership, in a specific manufacture in Kenya. The permit issued is usually valid for a period of one (1) year and is subject to renewal upon making the necessary application. One is usually required to pay a Non-refundable Processing Fee of $ 200 and an Issuance Fee of $2000 for every year.
1. Duly filled and signed application form.
2. Signed cover letter from the employer/self / organization addressed to the Director General of Immigration Services
3. A Copy of national passport
4. Two recent colored passport-size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. Copy of license held
8. Proof of funds for investment (manufacturing) minimum USD 100,000
9. Registration certificate of the company
10. Memorandum of understanding
11. Articles of association Signed
12. Current audited accounts (for renewals)
13. Shareholders certificate (CR12)
14. Copy of PIN certificate
Class G (Specific Trade, Business or Consultancy)
This permit is issued to a person who intends to engage, whether alone or in partnership, in a specific trade, business, consultancy or profession (other than a prescribed profession) in Kenya. The permit issued is usually valid for a period of one (1) year and is subject to renewal upon making the necessary application. One is usually required to pay a Non-refundable Processing Fee of $ 200 and an Issuance Fee of $2000 for every year. The following are required;
1. Duly filled and signed Form 25 online form.
2. Two copies of detailed and signed cover letter from the employer/ self/organization, addressed to the Director of Immigration Services
3. Copies of a valid national passport
4. Two (2) recent passport size-colored photos (for both new and renewal)
5. Current Immigration status if in the country
6. Documents in foreign languages should be translated into English by either the Embassy, Public Notary, or authorized /recognized institution
7. Copy of any previous permit(s) and or pass (es) held
8. Duly filled form 27
9. Documentary proof of capital to be invested at least USD 100,000
10. Certificate of incorporation of the company
11. Memorandum of understanding
12. Articles of association
13. Shareholding certificate (CR 12)
14. Copies of PIN certificate
15. Signed current audited accounts (for renewals)
16. List of Kenyans already employed (for renewals)
17. Clearance letter from relevant institutions.
18. Two copies of bank statement verification form (For new cases). Click here to download the verification form.
19. Provide a proof of offshore transaction receipt / slip.
20. Processing fees non-refundable (Kshs. 10,000/=)
21. Valid Organization Tax Compliance Certificate for new cases, and both valid organization and individual Tax Compliance Certificates for renewal cases.
22. Copy of Checklist. click here to download
23. Duly filled and signed Form 27
Class I (Approved religious/Charitable Activities) - This permit is issued to a person who is a member of an institution registered under the Society's Act who is engaged as a missionary, a member of a company limited by guarantee, Member of a trust registered under the Trustees Act and is approved by the Government of Kenya, and whose presence in Kenya will be of benefit to Kenya. The permit issued is usually valid for a period of one (1) year and is subject to renewal upon making the necessary application. One is usually required to pay a Non-refundable Processing Fee of $ 50 and an Issuance Fee of $500 for every year. The requirements include;
1. Duly filled and signed application form
2. Signed cover letter from the employer/self/organization addressed to the Director General of Immigration Services
3. A Copy of national passport
4. Two recent colored passport size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. Registration certificate of the organization
8. Certified copies of academic and professional certificates
• Class K (Ordinary Residents)
A Class K or ordinary Permit in Kenya is an immigration Permit issued to foreign nationals wishing to reside in Kenya without engaging in any trade or employment.
A Class K permit is generally referred to as a retirement or Ordinary permit.
A Class K Permit gives legal status to foreign nationals wishing to reside or retire in Kenya.
This permit is issued to a person who Is not less that thirty-five years of age; and has in his own right and at his full and free disposition an assured annual income of not less than the prescribed amount that is derived from sources such as pension or annuity. The permit issued is usually valid for a period of one (1) year and is subject to renewal upon making the necessary application. One is usually required to pay a Non-refundable Processing Fee of $ 200 and an Issuance Fee of $2000 for every year and a surety of Ksh. 100,000. The requirements include;
1. Duly filled and signed application Form 25
2. Signed cover letter from the employer / self / organization addressed to the Director General of Immigration Services
3. A Copy of national passport
4. Two recent colored passport size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. Documentary proof of annual assured income of at least USD 25,000 of own rightful and at free disposal from other sources other than employment, occupation, trade, business or profession. This can be in the form of a pension, investment, fixed deposit, bank account statement, property income, shares, and stocks, etc.
8. Contact information of the applicant: Email address, Telephone number, Postal address, proposed residential address in Kenya.
The Key pointer of a Class K permit is the applicant has to be above 35 years of age and show evidence of sufficient funds to sustain himself in Kenya.
• Class M(Refugees) - This permit is issued to a person who has been granted refugee status in Kenya and any spouse of such a refugee who intends to take up employment or engage in a specific occupation, trade, business or profession. The permit is renewable every year at no charge. The requirements include;
1. Duly filled and signed application Form 25
2. Signed cover letter from the employer / self / organization addressed to the Director General of Immigration Services
3. Copies of national passport
4. Two recent colored passport size photos
5. Current Immigration status if in the country
6. Valid organization Tax Compliance Certificate for new cases, plus individual Tax Compliance Certificates for renewal cases
7. Recommendation letter from the Department of Refugee Affairs
• Temporary Permit – This is the type of permit issued to Kenyan citizens to enable them travel within Uganda, Rwanda and Tanzania and is usually valid for a period of one (1) year. The application fees is $ 4 and the documents required include;
1. Original ID and a copy for Adults or Original Passport and copy for adults
2. Original Birth Certificate and a copy for minors
3. Two Passport Size photos
4. Prescribed fee
Permanent Residency
You may have moved to Kenya and lived for several years either through a permit or a pass but you now interested in living in the country permanently.
The Kenyan Department of Immigration allows foreigners to obtain permanent residency in Kenya under four categories;
S/No. CATEGORY PERSONS ELIGIBLE REQUIREMENTS STATUTORY COSTS LEGAL FEES
1. Category A (Permanent Residency for Ex-Citizens of Kenya)
Kenyan Citizens by birth who renounced/lost their Kenyan citizenship. An application letter
A print out of the duly filled permanent residence application form (form 23) signed and stamped by Magistrate/Commissioner for oaths. You can also access your previous applications by clicking here
A print out of the duly filled Category A - Questionnaire for Intending Applicants which is generated upon completion of the online application.
Proof of Previous Kenya Citizenship-Copy of birth certificate/ Identity card or Passport
2 Recent passport size photographs (a soft copy will also be required during application)
Police Clearance Certificate issued by country of domicile
Proof of current citizenship(Registration/naturalization certificate and Passport)
Copy of the Police Clearance Certificate Processing Fee - $ 500
Immigration Fees;$7500
2. Category B (Permanent Residency for holders of Work permits) Persons who have held a permit for 7 continuous years preceding the application and continuously lived in Kenya for 3 years preceding the application. An application letter
A print out of the duly filled permanent residence application form (form 23) signed and stamped by Magistrate/Commissioner for oaths.
A filled Category B - Questionnaire for Intending Applicants which is generated upon completion of the online application.
Duly filled Residence status form which is generated automatically after completion of your application
Copy of valid passport
2 passport size photographs (a soft copy will also be required during application)
Police Clearance Certificate (Original)
Copy of valid tax compliance certificate
Copy of valid foreigner certificate (Allien card)
Introductory letter from employer (applicable for employees)
Copy of the Police Clearance Certificate
Copy of Checklist. click here to download Processing Fee - $ 500
Immigration Fees; $ 7500
3. Category C (Permanent Residency for Children of Kenya Citizens) This applies to children of Kenya Citizens born outside the country and have acquired foreign citizenship of their country of residence/domicile An application letter
A print out of the duly filled permanent residence application form (form 23) signed and stamped by Magistrate/Commissioner for oaths. You can also access your previous applications by clicking here
A filled Category C - Questionnaire for Intending Applicants which is generated upon completion of the online application.
Certified copies of the birth certificate
Certified copies of the parents’ birth certificates/ Kenya Passport(s)/ Identity Card(s) (proof of kenya citizenship)
Certified copy of the current passport
2 passport size photographs
Copy of the Police Clearance Certificate Processing Fee - $ 200
Immigration Fees - $ 7500
4. Category D (Permanent Residency for Spouses of Kenya Citizens) This applies to spouses of Kenya citizens married for at least three years. An application letter by Kenyan spouse
A print out of the duly filled permanent residence application form (form 23) signed and stamped by Magistrate/Commissioner for oaths. You can also access your previous applications by clicking here
A duly filled Category D - Questionnaire for Intending Applicants which is generated upon completion of the online application.
Duly filled Residence status form generated automatically upon completion of the online application
Police Clearance Certificate (Original)
Demonstrate marriage and family life
Certified copy of the marriage certificate
Copies of either passport/Identity card/ and birth certificate of Kenyan spouse
Copy of passport /birth certificate/ of the foreign spouse
Copies of work permit(s)/dependent pass of spouse
2 passport size photographs.
Copy of valid foreigner certificate (Allien card)
Copy of the Police Clearance Certificate Processing Fee - $ 500
Immigration Fees; $ - 7500
Note: Please see the attached Kenya Gazette issue detailing the above captioned payments for your further reference.
Prior to making the application, the Applicants may be interviewed for verification of the information provided during the application and further subjected to background checks.
Once you are a permanent resident, it will be easier for your spouse and children to do the application since they will not be subjected to any background checks.
Additionally, the applicant may be required to appear with the spouse before the Permanent Residence Advisory Committee while the processing is ongoing.
Process of obtaining an Alien Card/Foreigner Certificate
All foreigners of 18 years and above residing within Kenya under a valid work permit, Kenya Dependent Pass, and Permanent Residence are required to obtain this document. This document enables one to access various Government services in a manner similar to those who hold a national Identity Card (although some costs for services may differ). accessed by Kenyan Nationals who are holders of National ID.
The law requires that all foreigners residing within Kenya for a period exceeding 90 days be registered and obtain an Alien Card. An alien card is valid for a period of one (1) year. The Application fees for obtaining an alien card is $ 50 annually.
Requirements
1. Duly filled Application Form.
2. Copy of valid passport
3. Proof of residence (permit, permanent residency, dependent/student pass)
4. Two colored current passport photographs (white background)
5. Registration/Initial Application fee of KES 5,000
a) The following persons are exempted from Foreign National Registration.
1. Serving member of the armed forces
2. An embassy/consular staff posted in Kenya as well as their spouse and children
3. A person exempted from the provisions of the Act under section 34(3) of the Act
4. A refugee registered under the refugee Act 2006
5. A person who resides in Kenya for a continuous period not exceeding three months and is in possession of visitors pass or special pass.
Obtaining a KRA PIN by a Foreign National.
The Kenya Revenue Authority (KRA) PIN is a critical tool for complying with local tax laws and accessing government services this process ensuring you can conduct financial and legal transactions seamlessly.
A foreigner can only get individual and company Personal Identification Numbers (PIN) directly from Kenya Revenue Authority (KRA) if they have foreign national registration certificate (an alien card).
Further, foreign investors can be facilitated by the Kenya Investment Authority to get a KRA PIN without having a foreign national registration certificate (alien card) by giving them an endorsement letter that they should present to KRA to obtain both Individual and company PINs.
The requirements for securing the KRA PIN are as follows;
a) Non-Kenyan Investor (Residing in Kenya) other than a refugee
1. Letter of introduction by a tax agent.
2. PIN of tax agent.
3. Valid Tax Compliance Certificate of the tax agent
4. Letter of appointment of tax Agent by applicant.
5. Documentary proof of investment (Certificate of Incorporation/Compliance, CR12*, project proposal, Endorsement by Kenya Investment Authority (Ken Invest), etc.).
6. Ken Invest Endorsement letter is given to registered companies with an investment exceeding USD 100,000.
7. Investors permit (confirm endorsement of Investors permit on the valid passport) and the name of the company indicated on the permit should be that as of bullet no. 4 above.
8. Original valid Passport of applicant.
b) Non-Kenyan, Non-Resident Investing in Kenya (Residing outside Kenya)
1. Letter of introduction from a tax agent. A tax agent is important since they assist the taxpayer to comply by handling tax matters on behalf of a taxpayer.
2. PIN of a registered tax agent.
3. Valid Tax Compliance Certificate of the tax agent
4. Original and copy of valid passport
5. For investment above 10 million, one should get a letter from Ken-Invest
6. For investments below 10 million, one should get a class G permit from Immigration Department
7. Documentary proof of investment as in (Certificate of Incorporation/Compliance. CR12*, Project proposal, Endorsement by Kenya Investment Authority (Ken Invest), etc.
c) Missionaries
1. Introduction Letter from the church or dioceses.
2. PIN of church
3. Original Passport and copy of passport.
4. Original and copy of class I missionary permit from Kenya immigration.
5. Copy of the endorsed page of class I missionary permit in the passport.
Immigration requirements under the Kenya Investment Agency
This applies to foreign nationals who are interested in becoming investors in Kenya. In order for one to be registered as an investor, one needs to:
i. Apply to be registered as an investor.
ii. Obtain acknowledgment letter and request for investment certificate.
iii. Inspection of work premises by relevant authorities.
iv. Obtain an investment certificate.
The Investment Permit is also called the Class G permit and it is issued to foreigners who wish to carry on a business in Kenya. The requirements are as those outlined in this opinion.
Advantages of Investment Permit
It allows you to live and work in Kenya as the investor who runs their business.
The permit also enables the investor to apply for the Kenya Revenue Authority tax registration to obtain a personal PIN Number, which acts as the tax number.
Having an Investment Certificate benefits the investor by giving them initial issuance of any additional licenses required for their operations except for health, security, and environmental certificates for a maximum period of one year.
It also entitles the investor to three Class D entry permits for management or technical staff and three Class C, F, or G entry permits for owners, shareholders or partners for a maximum period of two years.
Can a director/shareholder apply for an investment permit
Since one of the advantages of an investor having an investment certificate is they get permits for shareholders, then it, therefore, means that a shareholder can apply for an investment permit.
Furthermore, since under application for Permit Class G is open to a person who intends to engage whether alone or in a partnership in specific trade, business or consultancy, it therefore means that a director and/or shareholder is permitted to apply for an investment permit.
