The government of Kenya announced a new digital nomad visa for eligible foreign nationals to work remotely from Kenya.

Key Points:

  • The digital nomad visa allows individuals who are employed by a company outside of Kenya to work remotely or as a freelancer.
  • Applicants must have a valid passport, proof of employment and accommodations, and a clean criminal record as well as a sufficient minimum annual income of US$55,000 (€50,000).

Additional Information: The government has not yet confirmed the validity period or the cost of the work permit or potential pathways to long-term residency or citizenship. As BAL previously reported, the Kenyan government recently announced all foreign nationals may enter Kenya visa-free for tourism or business for stays of up to 90 days. As part of the visa-free policy, government officials also announced a new electronic travel authorization (eTA) system that replaced the existing eVisa system for short-term travel.

BAL Analysis: The Kenyan government is offering a new digital nomad visa along with visa-free entry to create a more streamlined entry system, facilitate greater business travel and increase tourism. BAL will continue to monitor developments and will provide more information on the new digital nomad visa once the government publishes further details in the official gazette.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The government of Kenya announced all foreign nationals may enter Kenya visa-free as of Jan. 1.

‌Key Points:

  • The visa-free policy applies to travelers entering Kenya for tourism or business travel purposes and allows for stays of up to 90 days.
  • As part of the visa-free policy, government officials announced a new electronic travel authorization (eTA) system that will replace the existing eVisa system for short-term travel.
  • Travelers are required to apply for eTA through a new online platform.

Additional Information: The new eTA application costs $30. Airline passengers are no longer required to fill out paper forms on the plane or upon arrival; however, travelers will not be allowed to board without a valid eTA and must obtain a new authorization online prior to travel. Citizens of Kenya or an East African community partner state are not required to apply. Travelers can submit their applications via the Republic of Kenya official government website. The new application process takes around three business days to complete, but travelers are encouraged to apply as early as possible prior to their arrival.

BAL Analysis: The Kenyan government is offering visa-free entry and creating a streamlined entry system to facilitate business travel and increase tourism. By simplifying and expediting the entry process and offering visa-free travel for all international travelers, the government hopes to welcome additional business interests and boost tourism.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The government of Kenya announced it will revise fees for certain government services, including visas, work permits and passports.

‌Key Points:

  • The State Department for Immigration and Citizen Services will revise fees for certain government services, effective Jan. 1, 2024.
  • Notable fee increases include:
    • Single journey visa — 15,300.00 Kenyan shillings
    • Multiple journey visa — 76,500.00 Kenyan shillings
    • Processing fees for work permits — 30,000 Kenyan shillings
  • The government currently does not charge fees for business visas and express work permit applications. However, once the change is implemented, business visas will cost 153,000.00 Kenyan shillings and express work permit applications will cost 1,530,000.00 Kenyan shillings.
  • Current passport fees are listed here. The cost for an ordinary 34-page passport will increase from 4,550 to 7,500 Kenyan shillings.

BAL Analysis: Employers should take the increased fees into account when planning their 2024 budgets. Travelers should also take the increase in fees into account. A complete list of fee increases can be found in the Nov. 7 edition of the Kenya Gazette. BAL will continue following developments and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The Kenyan government has announced that it will be launching its new biometric e-passport at the end of November.

Key Points:

  • Beginning Nov. 30, the Kenyan government will phase out its old generation of passports with the new East African Community (EAC) biometric e-passport.
  • The e-passport will include updated security and technology features designed to protect Kenyan nationals’ identities and reduce falsification and forgery.
  • Kenyan nationals are encouraged to obtain the new e-passport by Nov. 30 to avoid possible delays.
  • Kenyan nationals living abroad can apply for the e-passport at their local embassy.

BAL Analysis: Kenyan authorities introduced the new passport to safeguard their citizens’ identities and reduce passport falsifications and fraudulent activities. Kenyan nationals should apply for passport renewals as soon as possible to avoid delays or complications.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Kenya is now requiring work permit, special pass and dependent pass applicants to upload certain immigration documents before submitting hard copies of their applications.

What does the change mean? Applicants should be sure they have uploaded all of the required documents before lodging an application. The requirement applies to new applications, including renewals; it does not affect applications that have already been submitted.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Work permits, special passes and dependent passes.
  • Who is affected: Anyone applying for work permits, special passes and dependent passes.
  • Business impact: The extra step of submitting supporting documents to the online portal may add time to the application process. Businesses may need to adjust their time lines accordingly.
  • Next steps: The Republic of Kenya electronic Foreign Nationals Services (eFNS) Portal is available at https://fns.immigration.go.ke.

Additional Information: Work permit, special pass and dependent pass applications all require additional documents be uploaded. For work permits, the additional supporting documents include a contract/letter of engagement of the understudy and certified copies of academic and professional certificates. For Special Passes, the additional supporting documents include a contract/letter of engagement of the assignee. For dependent passes, proof of sufficient and assured income to support the applicant and a dependent or dependents must be uploaded to the online portal.

While these documents have always been part of the statutory requirements, immigration officials very rarely requested them. Authorities have now said that these requirements will be enforced more strictly going forward. They now have to be shared online and in hard copy, in addition to the other standard required documents.

Analysis & Comments: Applicants who do not upload the required immigration documents to the online portal before submitting their hard copy applications risk having their applications delayed or denied. Applicants and employers are encouraged to work closely with Deloitte throughout the application process.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

Kenya recently lifted an amnesty granted to foreign nationals who were in the country when its COVID-19 travel ban was implemented in March.

Key Points:

  • Foreign nationals were given two weeks on Sept. 14 to leave the country or apply for a residence permit or a residence pass. For the time being, visitor’s passes are still being extended/deferred, but foreign nationals who do not comply with the order risk being penalized under the Kenya Citizenship and Immigration Act.
  • Visas may be extended online but the duration of the extension will vary at the discretion of the immigration official who reviews the request. The duration of the extension also depends on whether there is an ongoing application for a residency permit. For foreign nationals without ongoing residency applications, extension of visas is being deferred for two weeks to allow them to exit Kenya.

Background: International travel resumed in Kenya on Aug. 1.

Analysis & Comments: Employers are encouraged to review the immigration status of expatriate employees and their dependents to ensure that they comply with immigration rules and are not unlawfully in Kenya. Failure to comply with the rules could result in penalties under the Kenya Citizenship and Immigration Act. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

Kenya recently allowed international air travel to resume and has updated its entry restrictions.

Key Points:

  • International air travel resumed on Aug. 1.
  • Travelers arriving on international flights who meet all the following conditions are not required to undergo mandatory quarantine upon arrival:
    • Body temperature does not exceed 37.5°C (99.5°F).
    • Does not have a persistent cough, breathing difficulty or additional flu-like symptoms.
    • Has a negative test result certificate from a COVID-19 PCR test conducted within 96 hours before traveling.
    • Is traveling from low to medium-risk COVID-19 countries.
  • Travelers arriving from the following countries are also exempt: Canada, China, Ethiopia, France, Germany, Italy, Japan, Morocco, Namibia, Netherlands, Qatar, Rwanda, South Korea, Switzerland, Uganda, the United Arab Emirates, the United Kingdom and the United States (but not California, Florida or Texas).
  • Passengers who are required to enter quarantine will do so at government-designated facilities or at home, subject to prevailing guidelines.
  • A curfew from 9 p.m. to 4 a.m. is in effect. Passengers arriving or departing Kenya during curfew hours will be allowed to proceed if they have a valid plane ticket and boarding pass.
  • Departing passengers must follow the destination country’s travel, health and COVID-19 requirements.

Background: Kenya first restricted international travel in March and shortly thereafter suspended all international flights until further notice.

Analysis & Comments: The resumption of international flights means employers who wish to send their employees to Kenya may now do so, though they must follow the travel and entry protocols described above. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

Effective March 25, the government has suspended all international flights until further notice and imposed mandatory quarantine on those arriving in the country before the flight suspension.

Key Points:

  • All international flights are suspended, with the exception of cargo flights.
  • Those who arrived before the March 25 deadline must undergo quarantine at a government-designated facility at their own expense.
  • Kenyans who remain abroad after the deadline are advised to follow the guidelines of the country where they are located.
  • Effective March 27, a daily curfew from 7 p.m. to 5 a.m. will be in effect in Kenya.

Additional information: Earlier this month, the government imposed a travel ban and limited immigration services to mitigate the spread of the COVID-19 virus.

Analysis & Comments: Employers should prepare for significant disruptions to employee mobility and postponement of business travel. Foreign nationals are strongly advised to comply with self-quarantine measures, as those who disobey them may face 14-day quarantine in a government facility at their expense, as well as criminal prosecution. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

As of March 16, the Department of Immigration is limiting access to immigration services. Additionally, foreign nationals coming from countries with reported cases of COVID-19 are prohibited from entering the country.

Key Points:

  • Immigration services are limited, affecting work permit and pass application processing.
  • Permits and passes already paid for and issued in the Immigration system are deemed valid from the date of payment and will be endorsed in the applicant’s passport at a future date.
  • All foreign nationals, except those with valid residence permits, are prohibited from entering Kenya for 30 days from March 15.

Analysis & Comments: Employers should reconsider employee travel plans and anticipate further restrictions and disruptions to employee mobility and government services. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

African countries are responding to the spread of the COVID-19 virus with policies ranging from arrival screening to quarantine to travel bans. Below are the travel policies for Ghana, Kenya, Niger and South Africa.

Country Travel ban Screening Quarantine

 

Affected nationals

 

Quarantine period

 

Ghana No travel ban or blanket restriction.

 

Intensified screening and thermal scanning of all travelers at all ports of entry.

 

Individuals exhibiting symptoms and who have been to one of the high-risk countries or have been exposed to the virus are quarantined immediately.

 

Currently, individuals who report general symptoms of influenza at hospitals are advised to self-quarantine at home for 14 days while doctors conduct further tests.

  

Those exhibiting symptoms and have been exposed to the virus or have been to any of the high-risk countries (China, France, Italy, Japan or South Korea are quarantined at a government facility.

All travelers 2-14 days

 

Kenya

 

No official notice on travel bans, but the government has issued several advisories for Kenyans traveling out of the country and posted banners at all entry points sensitizing travelers on how to protect themselves and manage COVID-19. Standard screening is conducted at all points of entry.

 

Every traveler is required to fill out a travel history form before being cleared to proceed.

 

Port Health is trained with test kits and on standby.

 

Suspected cases are reported and referred to Kenyatta National Hospital.

Quarantine is at government health facilities and one hospital has been set up as an isolation facility.

 

Individuals are also being asked to self-quarantine based on their travel history.

All travelers 14 days
Niger No official notice of travel bans. Protected measures as recommended by the World Health Organization are being taken as a precaution.

 

Each flight is routinely checked. If an anomaly is detected, the passenger is immediately quarantined.

Quarantine is within the airport by the health authorities until tests are carried out. All travelers To be confirmed.
South Africa No official notice of travel bans. All inbound passengers are subject to thermal screening and required to fill out a medical questionnaire. Military nurses at ports of entry conduct exams, if necessary. If exam raises concern, traveler is taken to hospital. All travelers

Analysis & Comments: Travelers should check the policies for their destination country before travel, including any travel bans, as the situation is fluid and policies may change with little notice.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.