The Kenya Citizenship and Immigration Act, 2011, and the Kenya Citizenship And Immigration Regulations, 2012, govern the Kenyan Immigration Law and processes. All foreign nationals seeking entry into Kenya require a visa unless they come from visa-exempt countries. The visa application is an important first step in the Kenyan immigration process as it permits foreign nationals to enter Kenya. You can apply for an e-Visa via the eVisa Website, which needs to be presented upon arrival. There are several types of visas available pursuant to Section 18 of the Kenyan Immigration Rules above, including:
- Ordinary visa: it is issued, for single or multiple entries, to persons whose nationalities require visas to enter Kenya for visits or residence;
- Transit visa: it 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: it is issued, for single or multiple entries, to holders of Diplomatic Passports who are on official duty and may be issued;
- Courtesy/ Official visa: it is issued to persons holding official or service passports on official duty and to ordinary passport holders who are not entitled to a Diplomatic Visas but where it is considered by the Director to be desirable on the grounds of international courtesy; and
- East Africa Single Tourist Visa: it is issued for single entry to persons whose nationalities require visas to enter Kenya for tourism and onward transit into the Republic of Rwanda or the Republic of Uganda
Overview of Work and Residence Permits Under Kenyan Immigration Law
Kenyan immigration law stipulates several types of work and residence permits for those intending to stay long-term in Kenya. Your intent and qualifications largely determine the type of permit. The different types of Permits and Passes available include;
1. Class A Permit (Mining and Prospecting):
This is issued to people, whether individually or in partnership, who intend to engage in the business of mining in Kenya. Beyond the other required documents, an applicant must submit a license to prospect for minerals mine(s) and Proof of funds for investment at least (minimum USD 100,000). An applicant under this category can apply through Kenya Investment Authority (KenInvest) and benefit from the array of investment incentives applicable to Investors under the Kenyan Investment Promotion Act No. 6 of 2004, an act of parliament with the main objective of promoting investments in Kenya such as: –
- capital deduction: these are the initial capital deductions incurred in the investment;
- industrial deductions: this covers capital expenditure incurred by a person on constructing an industrial building to be used in a business carried out by them or their lessee. This allowance is claimed by the person who incurred the capital expenditure, i.e., the owner of the building, and the building must be used for the business only to enjoy the industrial building deduction.
- farmwork deductions: this refers to expenditure by the owner or tenant of agricultural land on the construction of a farm.
- Wear and tear deductions: This is an allowance granted to the investor to cater to wear and tear on machinery. The rates range from 12.5%- 37.5% depending on the nature of the machinery in question.
- Investment deductions: this is a deduction granted on the cost of a building and machinery installed therein as an incentive to encourage investments. Investments within the cities get a 100% allowance.
2. Class B Permit (Agriculture and Animal Husbandry):
This is granted to those who intend to invest in agriculture or animal husbandry, either individually or in partnership. Applicants in this category can equally apply under the above KenInvest for the Investor Certificate and benefit from the array of applicable incentives.
3. Class C Permit (Prescribed Profession):
This permit is granted to a member of a prescribed profession who intends to practice that profession, whether alone or in partnership, in Kenya. An applicant under this category must, beyond providing the needed documents, submit a signed cover letter from the employer/self/organization addressed to the Director General of Immigration Services indicating how their practice of profession will benefit Kenya and attach a proof of membership to a prescribed profession as well as their professional qualifications.
4. Class D (Employment):
This is granted 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 owns skills or qualifications that are not available in Kenya and whose engagement in that employment will be of benefit to Kenya.
5. Class F Permit (Specific Manufacturing):
This permit is issued to persons who intend to engage in manufacturing activities. They must prove that they have the relevant capital requirements, have obtained any relevant license(s), and that their manufacturing investment will benefit Kenya. The applicants under this class can apply for the Investor Certificate and benefit from the various array of applicable incentives.
6. Class G Permit (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 and who has obtained the relevant applicable license, registration, or other authority or permission that may be necessary for the purpose; has the sufficient capital disposition; and whose engagement in trade, business, consultancy or profession will be of benefit to Kenya.
7. Class I Permit (Approved Religious or Charitable Activities):
This permit is issued to persons who are members of institutions registered under the Societies Act, Members of a company limited by guarantee, and Members of trustee registered under a Trustee Act wishing to engage in religious/charitable activities and is approved by the Government of Kenya, and whose presence in Kenya will be of benefit to Kenya.
8. Class K Permit (Ordinary Residents/Retirement Visa):
This permit is granted to persons above the age of 35 with an assured annual income of at least USD 24,000 of their own rightful and at free disposal from sources other than employment, occupation, trade, business, or profession derived from outside sources. They need to undertake not to accept paid employment of any kind in Kenya. Explore our detailed blog that covers the Class K permit in more detail
9. Class M Permit (Refugees):
This permit is granted to a person who has been granted refugee status in Kenya per the refugee law of Kenya and any spouse of such a refugee who intends to take up employment or engage in a specific occupation, trade, business, or profession.
10. Class N – Digital Nomad Permit
The Class N – Digital Nomad Permit is specifically designed for remote workers who are employed by companies based outside of Kenya. This permit allows digital professionals to live and work remotely in Kenya without the need for a local employer sponsor. To apply for the Class N permit, applicants need to provide:
- A valid national passport
- Proof of remote work with a non-Kenyan company
- Documentation of an annual income of at least $24,000 from sources outside of Kenya
- Proof of accommodation in Kenya
- A clean criminal record certificate from their country of habitual residence
Explore our blog that covers the class N permit in more detail.
11. Class P – Diplomatic and International Organization Staff Permit
The Class P permit is issued to the staff of the United Nations, diplomatic missions, inter-governmental organizations, and international non-governmental organizations accredited to or based in neighbouring hardship countries. This permit allows these professionals and their families to reside in Kenya, further establishing the country as a multilateral hub.
12. Class Q – Religious and Charitable Organization Staff Permit
The Class Q permit is designed for members of prescribed professions working for religious or charitable organizations who are not involved in preaching or conducting religious worship and rituals. This permit is intended for individuals whose presence in Kenya will be of benefit to the country. Applicants for the Class Q permit are required to pay a processing fee of Ksh20,000 and an annual fee of Ksh100,000.
13. Class R – East African Community Citizens Permit
The Class R permit is designed for citizens of East African Community (EAC) member states who wish to reside or engage in employment, business, trade, or profession in Kenya. This permit consolidates all East African applicants, including investors, professionals, skilled and unskilled employees, traders, farmers, and manufacturers. The key qualification for this permit is proof of citizenship of an EAC state, and applicants are not required to pay any fees.
Types of Passes in Kenya
There are three (3) main types of passes issued in Kenya i.e. special pass, dependant pass and Student/Research/Internship pass. These are specified under Section 26 of the Kenya Citizenship and Immigration Regulations, 2012.
- Special Pass
This pass is issued to individuals who wish to enter or remain in Kenya temporarily for conducting business, trade, or professional activities. It is typically valid for a short duration not exceeding three months (90 days) and is often utilized by those awaiting the processing of a work permit or engaging in short-term assignments. Applicants must provide a cover letter, passport photographs, proof of immigration status, and relevant documentation related to their business or profession.
- Dependant Pass
The Dependent Pass is granted to individuals whose spouse, parent, or guardian holds a valid entry permit in Kenya. This pass allows dependents—such as children and spouses—to reside in Kenya while accompanying the primary permit holder. To apply, one must submit an application form, passport copies, and proof of relationship (such as marriage or birth certificates).
- Student/Research/Internship Pass
A Student/Research/Internship Pass is granted to foreign nationals who wish to pursue education, conduct research, or undertake internships in Kenya. This pass is issued to students enrolled in recognized educational institutions, researchers affiliated with recognized research institutions, and interns placed with recognized organizations. The pass is valid for the duration of the course of study, research project, or internship program and can be renewed if necessary.
