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IMPACT – MEDIUM
Kenyan immigration officials have begun requiring companies to provide a tax compliance certificate when submitting work permit applications. Officials are also strictly enforcing a past directive requiring foreign nationals to apply for work permits before traveling to Kenya.
Key Points:
Analysis & Comments: Both first-time and renewal work permit applications will only be accepted if tax compliance certificates are provided, as described above. Employers should also note that the Immigration Department is taking a strict approach on the issuance of special permits, especially where it appears an applicant is coming for a long-term stay or has skills that can be met locally.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the reminder? Kenyan nationals currently holding a non-biometric Kenyan passport must obtain the new biometric e-passport and provide biometrics in person before Aug. 31. After then, the older generation passports will no longer be valid. Employees should plan for delays and apply for the new passport well ahead of the Aug. 31 deadline.
Background: Many African countries are beginning to phase out older generation passports in favor of biometric passports because they allow immigration authorities to more easily authenticate information on passport holders and detect fraudulent activity. The new e-passport contains a small embedded electronic microprocessor chip containing the passport holder’s biometric information, which ensures immigration authorities that the passport was not illegally replicated.
Kenya’s switch to the new e-passport has proven difficult because the Nairobi Immigration Office is the only authority able to issue them.
Kenyan nationals living in-country may submit their e-passport application at three locations: Nairobi, Mombasa and Kisumu. While the government plans to allow the Nakuru, Embu, Eldoret and Kisii centers to also accept passport applications, no official announcements have been made. Currently, Kenyans living abroad must renew their passports and have their biometrics collected in Kenya at one of the locations mentioned above. Employees should note that all e-passports are being issued, and therefore printed, at the Nairobi office and should account for subsequent delays.
Analysis & Comments: Employees holding older generation Kenyan passports should apply for the new biometric passport far ahead of the Aug. 31 deadline and plan for delays in processing.
What is the change? Kenyan immigration authorities are no longer processing special pass applications that are filed at the same time as work permit applications.
What does the change mean? Employers who file the two applications together will have the special pass request rejected and will need to complete the lengthier work permit process before the employee may travel to Kenya.
Background: In August, Kenya’s Department of Immigration Services tightened up the issuance of special passes by banning applications from foreign nationals who are in the country. Special passes are a form of short-term work authorization and are widely used for temporary assignments.
Analysis & Comments: Employers and assignees who rely on special passes should be aware that their application will be rejected if it is filed at the same time as a work permit application. Foreign employees with accompanying family members should also note that immigration authorities have limited visitor visas to one month instead of three months to prevent unauthorized work while on a tourist visa. Family dependents, therefore, may wish to apply for their dependent visas before travel rather than enter Kenya on a tourist visa and risk having it expire before their dependent visas are approved.
What is the change? A technical glitch that prevented Kenyan citizens from renewing their passports abroad has been resolved.
What does the change mean? Kenyans living abroad may now renew their passports or obtain other citizens’ services at one of six locations in South Africa, Dubai, Britain, Belgium, Washington, D.C. and Los Angeles.
Background: Technical issues have prevented Kenyan nationals living abroad from renewing their passports at their local embassy. As a result, those seeking to renew their passports had to travel back to Kenya and wait approximately six weeks to get a new passport.
Analysis & Comments: The opening of the six centers is positive news for members of the Kenyan diaspora, especially given that all Kenyans will be required to have a biometrics passport by September 2019. Authorities are also planning to introduce an online passport-renewal application process by the end of this year.
What is the change? Kenya continues to crack down on illegal immigration as the country enforces existing immigration policies, arresting and deporting a number of individuals in recent months, including 60 senior hotel managers who originally came into the country as tourists.
What does the change mean? Kenya has recently undertaken a series of measures aimed at making sure foreign nationals are not working illegally in the country, including enforcement of existing immigration policies more stringently and completion of a national audit of work permits.
First-time applicants must obtain special passes or work permits before traveling to Kenya and individuals entering the country are encouraged to make sure all required documents are in order, as Kenyan authorities are performing robust compliance checks and enforcement. Those intending to renew existing immigration documents should make note of the increased enforcement and that they may be required to adhere more closely to laws and regulations, such as appointing a Kenyan understudy. Renewal applicants should make sure to leave plenty of time when submitting applications in Kenya.
Background: In May, the Department of Immigration announced a work permit verification drive requiring foreign nationals with work permits to appear in person to provide biometrics. Authorities subsequently indicated they would impose a number of changes, including enforcement of an existing requirement under the Kenya Citizenship and Immigration Act that special passes and work permits be approved before applicants enter Kenya. The enforcement of this provision took effect Aug. 24, according to an announcement from the Department of Immigration.
Analysis & Comments: Employers and foreign nationals are reminded of how serious authorities have become this year about making sure foreign nationals are not working illegally in Kenya. Authorities have gone so far as to say that foreign nationals who enter Kenya and then apply for work permits should be arrested and deported. Companies should prepare for site visits by inspectors—including local police—and cooperate in giving them access to their premises and employee files. Greater scrutiny of work permit applications and delays in processing should also be expected.
What is the change? The Kenyan government has said it will no longer approve special pass or work permit applications for foreign nationals who are in the country when they apply for work authorization.
What does the change mean? Applicants must apply for work authorization before entering Kenya. Foreign nationals applying for a renewal may obtain a new work permit in Kenya, but only if their initial work permit is still valid. The changes are the latest steps in a broader effort to make sure foreign nationals are not working illegally in Kenya.
Background: Kenya has undertaken a series of measures recently aimed at making sure foreign nationals are not working illegally in the country. In May, the Department of Immigration announced a work permit verification drive requiring foreign nationals with work permits to appear in person to provide biometrics. Authorities subsequently indicated they would impose a number of changes, including enforcement of an existing requirement under the Kenya Citizenship and Immigration Act that special passes and work permits be approved before the applicant enters Kenya. The enforcement of this provision took effect Aug. 24, according to an announcement from the Department of Immigration.
BAL Analysis: The change is another sign of how serious authorities have become in recent months about making sure foreign nationals are not working illegally in Kenya. Authorities have gone so far as to say that foreign nationals who enter Kenya and then apply for work permits should be arrested or deported. First-time applicants must obtain special passes or work permits before traveling to Kenya and renewal applicants should make sure to leave plenty of time when submitting applications in Kenya.
This alert has been provided by the BAL Global Practice group and our network provider located in Kenya. For additional information, please contact your BAL attorney.
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What is the change? Kenya is set to implement numerous changes to work permit policies and procedures following a nationwide work permit verification drive that recently concluded. The changes include enforcing a rule that requires work permit applicants to wait for approval before entering Kenya and enforcing existing requirements for understudy transition plans.
What does the change mean? The Department of Immigration Services has outlined a number of administrative and policy changes that will be implemented based on what it has learned from the verification drive.
Changes include:
Background: Kenya launched the work permit verification program, which ran from May 21 to July 22, as part of an ongoing effort to ensure that the country’s immigration programs are not abused. Foreign workers were required to appear in person at the Department of Immigration Services in Nairobi. Workers had their biometrics taken and those who had their work permits verified should expect to be issued an electronic permit that will allow them to continue working. Those who did not appear for the verification process risked having their work authorization canceled.
BAL Analysis: Employers should anticipate significant changes in coming weeks and months, including those listed above, as the immigration department continues to review the results of the work permit verification and conduct compliance checks. Employers should ensure that all foreigners in their employment have valid work permits and document foreigner phase-out plans in line with the understudy guidelines described above.
For those who were unable to verify their work permit due to illness, travel or another accepted reason, the ministry has extended the verification period on the condition that these persons provide a copy of a medical report from a certified medical doctor or copies of exit and entry stamps in their passport and a letter from the company confirming that they were out of the country on company business. Those who may have questions regarding this process should contact their BAL attorney.
This alert has been provided by the BAL Global Practice group and Iseme Kamau & Maema Advocates in Kenya. For additional information, please contact your BAL attorney.
What is the change? Kenya’s Department of Immigration Services is piloting a digital biometrics program for foreign nationals completing foreign registration in Kenya.
What does the change mean? Those selected for the digital biometrics collection will have their photographs and fingerprints taken. The biometric information will then be uploaded to a National Registration Bureau database and the system will generate a receipt (waiting card) that can be used to confirm registration and obtain the required foreigner certificate.
Background: The Biometric Foreigner Registration Process, as the pilot program is called, is a first step in Kenya’s effort to fully digitize biometrics collection in the foreign registration process. Those selected for the BFR process will have their biometrics collected as described above, while others will continue to submit biometrics manually. Officials aim to use the BFR process to begin building a database of foreigners in Kenya as required by law, and they hope it will eventually reduce the wait times significantly.
Those selected for the pilot will still be required to have the same documents as those completing registration manually, including a completed and signed electronic Foreign Nationals Services form and receipt for payment.
BAL Analysis: Foreign nationals completing registration processes should anticipate that they may be selected for the digital biometrics program.
What is the change? Kenya’s nationwide work-permit verification audit is underway, requiring all work-permit holders to appear in person at the Department of Immigration Services in Nairobi.
What does the change mean? Foreign employees should take certain precautions before appearing, including making sure they bring the correct receipt—the receipt for their electronic payment acknowledgment—and that their account profile is activated. They should also be prepared to wait in line without sitting or protection from the elements for five to six hours. Officers are not allowing anyone besides the work-permit holder to stand in line, including representatives or consultants.
Background: Kenya launched the work-permit verification drive May 21 to run for 60 days until July 21. All work-permit holders must appear in person to show the proper documents and have their fingerprints and photos taken. In the first week of the drive, authorities were operating with one computer, one fingerprint scanner and one camera. Foreign nationals who are uncertain whether their account profile is activated may go to a separate room (Room 16) where they can activate their account.
BAL Analysis: Foreign nationals registering their work permits should be prepared for long wait times and exercise patience, as military personnel are present and will remove anyone causing a disturbance.
This alert has been provided by the BAL Global Practice group and our network provider located in Kenya. For additional information, please contact africa@bal.com.
IMPACT – HIGH
What is the change? Kenya’s Department of Immigration has announced a new work permit verification effort.
What does the change mean? Foreign nationals who hold work permits will be required to appear in person to provide biometrics (fingerprints and a photo) at the Department of Immigration Services in Nairobi (Nyayo House).
Background: Kenya launched the program in an ongoing effort to ensure that the country’s immigration programs are not abused.
Foreign workers will be required to appear in person at the Department of Immigration Services in Nairobi between 8 a.m. and 4 p.m. They should bring (1) their original work permit, (2) a valid endorsement on their passport, (3) a foreign certificate (alien card) or waiting card, (4) a Kenya Revenue Authority (KRA) PIN certificate, and (5) receipts for payment for work permit fees. Workers will have their biometrics taken and those who have their work permits verified should expect to be issued an electronic permit that will allow them to continue working.
The work permit verification process is part of a series of measures Kenya is taking to tighten up its immigration programs.
BAL Analysis: Work permit holders are encouraged to complete verification and biometric processes as soon as possible. Those who fail to do so risk having their work authorization canceled. BAL is available to answer questions about the process, help obtain documentation and accompany work permit holders to their meetings in Nairobi.