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Immigration Law

Immigration Work Permit Needed by a Foreigner Starting a Business in Kenya

By 22 Jul 2021Sep 6th, 2021No Comments

COMMERCIAL LAW

Immigration Work Permit Needed by a Foreigner Starting a Business in Kenya

A foreigner investing in Kenya and starting a business in Kenya needs to obtain an immigration permit to operate their business here in Kenya. This will allow them to reside in Kenya and carry out the specified business. There are various classes of permits under the Kenya Immigration and Citizenship Act of 2011 and this article will outline the steps to get an Investor Permit which is a Class G permit as well as other investor permits for specified industries like mining, agriculture and manufacturing.

The Investor Permit is a permit issued to a person coming to Kenya to run a specified trade, business or consultancy whether individually or via a company incorporated in Kenya or a partnership operating/that will operate in Kenya.

Koya & Company Advocates have long standing experience as immigration agents/lawyers for foreigners/expatriates seeking to invest and reside in Kenya. The cost of our immigration legal services is affordable and depends on the document being sought by the foreign investor or their family members.

Class G Permit (Investor Permit)

Documentary Requirements to apply for a Class G Permit (Investor Permit)

  • This permit is suitable for expatriates who are self-employed seeking to start a business in Kenya. This is also suitable for owner-operators running start-ups
  • Duly filled and signed application Form 25 presented to the Department of Immigration after filling on the eFNS immigration platform on the Department of Immigration Website
  • Signed cover letter from the employer / self / organization addressed to the Director of
  • Immigration Services
  • Copies of national passport
  • Two recent coloured passport size photo
  • Current Immigration status if in the country
  • Valid organization Tax Compliance Certificate for new cases, and both valid
  • Organization and individual Tax Compliance Certificates for renewal cases
  • Documentary proof of capital to be invested at least USD 100,000
  • Certificate of incorporation of the company
  • Memorandum of understanding
  • Articles of association
  • Copy of PIN certificate if business is up and running
  • Signed current audited accounts (for renewals)
  • Duly filled form 27
  • Processing Fee of KES 10,000
  • Application Fee of KES 100,000 per year of the permit.

Timeline to obtain the permit is 3-5 months.

Other Permits

These are other permits specific to investing in particular industries: namely

Class A Permit – The Mining Industry

Documentary Requirements to apply for a mining industry – Class A Permit

  • Duly filled and signed application Form 25
  • Signed cover letter from the employer / self / organization addressed to the Director of
  • Immigration Services
  • Copies of national passport
  • Two recent coloured passport size photo
  • Current Immigration status if in the country
  • Valid organization Tax Compliance Certificate for new cases, and both valid
  • Organization and individual Tax Compliance Certificates for renewal cases
  • CLASS A License to prospect for minerals in a mine
  • Proof of funds for investment at least (minimum USD 100,000)
  • Current license and copy of PIN certificate (for renewals)
  • Signed audited accounts for the last one year (for renewal
  • Processing fees non-refundable (KES 10,000)
  • Application Fee of KES 100,000 per year of the permit.

Timeline to obtain the permit is 3-5 months.

Class B Permit – The Agriculture Industry

Documentary Requirements to apply for an Agriculture Industry – Class B Permit

  • Duly filled and signed application Form 25
  • 2 Signed cover letter from the employer / self / organization addressed to the Director of
  • Immigration Services
  • 3 Copies of national passport
  • 4 Two recent coloured passport size photo
  • 5 Current Immigration status if in the country
  • 6 Valid organization Tax Compliance Certificate for new cases, and both valid
  • organization and individual Tax Compliance Certificates for renewal cases
  • Proof of land ownership/leasehold certificate
  • Proof capital availability (bank statement)
  • Clearance/license from relevant bodies
  • Copy of PIN certificate
  • Current audited accounts (for renewal)
  • Processing fees non-refundable (KES 10,000)
  • Application Fee of KES 100,000 per year of the permit.

Timeline to obtain the permit is 3-5 months.

Class F Permit – The Manufacturing Industry

Documentary Requirements to apply for  – Class F Permit

  • Duly filled and signed application Form 25
  • 2 Signed cover letter from the employer / self / organization addressed to the Director of
  • Immigration Services
  • 3 Copies of national passport
  • 4 Two recent coloured passport size photo
  • 5 Current Immigration status if in the country
  • 6 Valid organization Tax Compliance Certificate for new cases, and both valid
  • organization and individual Tax Compliance Certificates for renewal cases
  • Copy of license held
  • Proof of funds for investment (manufacturing)minimum USD 100,000
  • Registration certificate of the company
  • Memorandum of understanding
  • Articles of association
  • Signed current audited accounts (for renewals)
  • Shareholders certificate (CR12)
  • Copy of PIN certificate
  • Processing fees non-refundable (KES 10,000)

Timeline to obtain the permit is 3-5 months.

Dependant’s Pass and Alien Card

  • Often times foreign investors come to Kenya with their families and these family members will need to obtain dependant’s passes to accompany the permit holder to live in Kenya. These dependant’s passes do not allow the family to work in Kenya merely to reside in Kenya. They will also receive an alien card for Kenya from the Immigration Department.

Documentary Requirements to apply for a Dependant’s Pass

  • Duly filled and signed application FORM 28
  • Detailed cover letter addressed to the Director of Immigration Services
  • Copy of valid National passport (bio-data page)
  • Current immigration status for both the applicant and the dependant
  • Current two (2) passport size coloured photos of the dependant
  • Evidence of the relationship between the applicant and the dependant
  • Proof of sufficient and assured income to sustain self and the dependant
  • Sworn affidavit of incapacity/inability to sustain self (dependant)
  • A valid copy of work permit- at least six months to its expiry (for applicants holding work permits
  • Application Fee of KES 5000

The provision of general information herein does not constitute an advocate-client relationship with any reader. All information, content, and material in this article are for general informational purposes only. Readers of this article should get in touch with us/a qualified advocate to obtain legal advice with respect to any particular legal matter.

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