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IMPACT – MEDIUM
What is the change? Kenya has announced it will remove Cameroon, Mali and Senegal from its list of referred nationals who require special authorization to obtain a visa.
What does the change mean? Effective July 14, nationals of the three West African countries may apply for a visa online, at a Kenyan mission, or upon arrival at Kenya’s ports of entry.
Background: Kenya requires certain “restricted nationals” to apply for a Referred Business Visa that requires special approval by the Directorate of Immigration Services in Nairobi.
BAL Analysis: The change in policy will facilitate business travel from Cameroon, Mali and Senegal. Travelers are reminded that work activities are proscribed while on a business visa and that hands-on or productive work requires an appropriate work pass.
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.
Copyright © 2018 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 – HIGH
What is the change? The cabinet secretary for immigration has announced several major changes to immigration on the horizon, starting with a 60-day nationwide audit of foreign workers to crack down on undocumented workers. Among the other changes, electronic work permits will be introduced gradually, and work permit procedures and issuance may be dramatically tightened.
What does the change mean? Employers should prepare for site visits by inspectors – including local police – and cooperate in giving them access to their premises and employee files. Companies should also anticipate greater scrutiny of work permit applications and delays in processing.
Background: The cabinet secretary announced the crackdown and other proposed changes during a meeting Friday with the National Assembly’s Administration and National Security Committee.
BAL Analysis: Employers should anticipate significant changes in coming weeks and months and should file work permit applications as early as possible to factor in the likelihood of delays and additional scrutiny. In receiving inspectors, businesses and their staff should be aware that local police, rather than immigration officers, may conduct inspections of work permits and that under Kenyan law they do not require a warrant to access business properties or personnel files. However, employers should ask for inspectors’ IDs to confirm that they are in fact government or police officials.
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.
What is the change? President Filipe Nyusi of Mozambique and President Uhuru Kenyatta of Kenya have agreed to abolish visas for business visits between the two countries.
What does the change mean? The removal of visas is intended to facilitate business travel and strengthen economic exchange.
Background: The two leaders met in Maputo Thursday and announced the new mutual visa policy with the aim of easing travel and trade. They also discussed increasing the number of flights between the two countries. Since his re-election in November, Kenyatta has taken steps to liberalized visas and work permits for countries in the region.
BAL Analysis: The visa waiver is good news for Mozambican and Kenyan business travelers and is consistent with the African Union’s stated goal to move toward a visa-free Africa.
This alert has been provided by the BAL Global Practice group in Mozambique. For additional information, please contact africa@bal.com.
What is the change? Alien Cards, which are required for foreign nationals staying in Kenya for longer than 90 days, are not being issued because the printing machine of the relevant issuing authority is broken.
What does the change mean? Although applications and appointments for applicants to provide biometrics continue to be accepted by the Directorate of Immigration, the printing of the cards by the National Registration Bureau has stopped.
Background: All foreign nationals who are issued a long-term immigration status are required to obtain an Alien Card by submitting an application to the Directorate of Immigration. The application is then forwarded to the National Registration Bureau, which is responsible for printing the cards.
The Alien Card is needed to secure a Kenyan driving license and to provide the benefit of local entry fee rates at national parks. It also means foreign nationals do not need to carry their passport as evidence of identity in case they are stopped by the police.
BAL Analysis: Foreign employees and their family members should anticipate significant delays in issuance of their Alien Cards. The machine has not yet been fixed, and even when printing resumes, delays are likely to continue while the backlog is cleared.
IMPACT – LOW
What is the change? Kenya has made it easier for stateless persons, migrants and their descendants to obtain citizenship.
What does the change mean? A new regulation allows authorities to waive fees and documentation requirements for stateless persons, migrants and their descendants who are applying for citizenship and meet other qualifying criteria.
Background: The change was made to provide the right to obtain citizenship to residents of Kenya who would otherwise be eligible for citizenship but who lacked proper documentation and, in some cases, the ability to pay the required government fees. After the regulation was issued, for example, members of the Makonde community, who have lived in Kenya for more than 50 years but were considered stateless persons, are now able to obtain citizenship.
BAL Analysis: The change will not have much of an impact on business, other than to facilitate evidencing the right to work of formerly stateless employees, but the eased processes are welcome news for those in Kenya who have had trouble obtaining citizenship because of a lack of supporting documents.
Copyright © 2017 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.
When traveling to Kenya, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Kenya, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Most foreign nationals, including nationals of the United States and most European countries, are required to obtain an eTA prior to travel to enter Kenya and conduct ordinary business activities.
Certain restricted nationalities require additional security clearance and must obtain a Referred Business Visa prior to travel. In these cases, the Director of Immigration Services in Nairobi must approve the visa application in advance. Please consult with your immigration counsel to determine whether such restrictions apply.
Nationals of select countries, including Ghana, Malaysia and South Africa may be eligible for visa waiver status (i.e., exempt from obtaining an eTA), which allows visitors to enter and conduct business activities without a visa. Please consult with your immigration counsel prior to travel to verify your eligibility for a visa waiver or eTA.
The activities below, whether paid or unpaid, generally constitute work under Kenyan law. This list is not exhaustive, and many other professional activities are considered work in Kenya, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Kenya. The most common forms of work authorization for Kenya are:
Kenya does not offer work authorization exemptions.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? In conjunction with the recent launch of its online application system, Kenya’s Department of Immigration Services has implemented an online payment system for immigration fees.
What does the change mean? Bank checks will no longer be accepted for payment of government immigration fees. In addition, applicants must pay new handling charges by the bank and system administrator.
Background: The new schedule of government fees is below. All figures are in Kenyan shillings. Information regarding government fees for student, researcher and intern passes is forthcoming.
Issuance fees:
200,000 KES (1 year)
400,000 KES (2 year)
50 KES
6,001.50 KES
12,001.50 KES
45,000 KES
1,351.50 KES
BAL Analysis: Employers and individuals should factor the additional government fees into their budgets for foreign national employees.
Copyright © 2016 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.
What is the change? Kenya will launch an online application system Tuesday, replacing manual paper submissions for work passes and other immigration-related applications.
What does the change mean? The “electronic Foreign Nationals Services,” or eFNS, portal should streamline the application process, reduce processing times and allow users to track the status of their applications online.
BAL Analysis: The electronic platform is a welcome development. As with all new systems, users should anticipate a transition period and possible delays.
What is the change? Kenya’s Department of Immigration Services has begun requiring foreigners to register before their work permits are endorsed.
What does the change mean? Foreign workers must appear in person for a registration appointment after their work permit is issued. The work permit will be endorsed at the same appointment.
Background: The department announced the new registration procedures this week. Effective immediately, foreign nationals are required to schedule an appointment to register as foreigners once their work permit is issued but before it is endorsed. The foreigner can register and have the work permit endorsed in a single appointment.
BAL Analysis: Kenya’s registration requirement is consistent with a trend in many countries toward better tracking of foreign nationals through registration procedures.
What is the change? Beginning July 1, all foreign visitors who require a visa to enter Kenya must apply online.
What does the change mean? Applicants will be issued an electronic visa to print out and present upon entry. Visa renewals will continue to be handled in-country by the Department of Immigration Services.
Background: Visa applications must be submitted on the government’s eCitizen portal, and e-visas will be issued via email. The Department of Immigration Services reminds applicants that while a printed e-visa will be required for entry at the border, it does not guarantee entry into Kenya. Further, issuance of a visa is not an authorization to engage in employment without the appropriate permit.
BAL Analysis: Visa nationals must have an e-visa printout and cannot avail themselves of visas on arrival. At the point of entry, a DIS officer will review the traveler’s printout and affix the entry stamp indicating the approved duration of stay.