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IMPACT – Medium
What are the changes? The Department of Immigration Services introduced an additional procedure to all work permit applications that scrutinizes the hiring of foreign nationals over Kenyan citizens.
What does the change mean? The change means that all work permit applications, including pending applications, may require additional documentation. Applicants will likely see longer processing times, as all applications must undergo this additional vetting process.
Background: Under the new procedure, the Department of Immigration Services is forwarding all work permit applications to its Kenyanization Section prior to their consideration by the Approval Committee. That office will review the application to determine:
The Kenyanization Section then prepares a report and recommendation to the work permit approval committee based on its findings.
The new procedures began last week and is in force for all work permit applications for foreign nationals.
BAL analysis: Going forward, employers may be asked to provide additional documentation and proof based on the criteria of the new procedures. As this is a new directive, it is not yet clear how long the new procedures will take, or whether work permits are more likely to be denied under the new scrutiny. BAL is following these changes and will update as details emerge.
This alert has been provided by the BAL Global Practice group and our network provider located in Kenya. For additional information, please contact GlobalVisaGroup@bal.com.
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.
The Department of Immigration Services (DIS) has resumed limited processing of Class D work permits. Class D permits allow foreigners to work for a specific employer in Kenya and cover situations such as assignments and transfers. As per BAL’s news alert on Aug. 7, Class G (investor) work permits, dependent passes and pupils’ passes are also being processed. However, the actual issuance of passes is delayed. Processing for a Special Pass, which permits short-term work, is still suspended except for those who will be working on government projects. The government is also still not able to accept payment of fees for Special Passes that have already been processed.
It is not yet known when processing of Class D permits will return to normal speed. However, the fact that the approvals committee is meeting to consider some Class D work permits is seen as a positive step toward the end of the processing suspension. BAL will continue to provide updates on this situation.
Although a few types of permits and passes are now being processed, the Department of Immigration Services (DIS) suspension is still in effect for most work permit, special pass, permanent residence and citizenship applications. Currently, DIS is only processing applications for:
However, DIS is not receiving payments for these application types at this time. In addition, there are delays in issuing the actual passes for dependents and pupils, due to a shortage in the supply of passes from the national printer.
There are currently no indications of when the processing hiatus might end. BAL will provide updates when they become available. In the meantime, clients are advised to take the suspension and delays into account when planning to meet their labor needs.
Clients planning travel through Jomo Kenyatta International Airport (JKIA) in Nairobi are advised to make alternate arrangements. A major fire in the airport today has disrupted international travel. JKIA has reopened for cargo and domestic service, but international flights are currently being diverted to other regional airports.
BAL will provide updates on the situation as they become available.
Clients should anticipate temporary delays in application processing in Kenya. The Department of Immigration Services (DIS) is currently undergoing an internal reorganization and making significant changes under the leadership of newly appointed Director Jane Waikenda (see our previous alert). In an informal directive today, the DIS indicated that it has suspended processing of all applications, work permits, special passes, and citizenship and permanent residence applications. While the directive did not mention passes for dependents or pupils, these are expected to be delayed as well.
Further delays are anticipated as the DIS issues accreditation letters to all third parties who submit applications on behalf of applicants. Until these letters are issued, delays are anticipated for passport endorsements, visa applications and extensions, as well as the submission of fees for approved applications.
The delays due to the reorganization are expected to be temporary, and procedures are not anticipated to change significantly. Until DIS releases an official announcement in the coming weeks, clients are advised to continue preparing applications and to be ready to submit as soon as the DIS resumes processing. Furthermore, if an employee has an urgent need to enter Kenya, he or she will need to obtain either a visitor or business visa at the Kenyan consulate or at the airport upon arrival. It should be emphasized that the business visa will allow an employee to attend meetings and training, but should not be treated as a work authorization.
BAL will provide further details as they become available.
On June 26, Jane Waikenda was appointed to the office of Director of Immigration Services. Since then, she has already begun to implement changes to staff and to the application adjudication process. The transition period is expected to cause delays in the processing of work, citizenship and permanent residence permits, and may also delay decisions for dependant, pupil and special passes.
No information is yet known about the impacts of these changes or the delays they may cause. BAL will provide updates as they become available.