Kenya’s New Work Permit Categories: A Brief Guide

Towards the end of the last quarter of the year 2024, the Government of Kenya through the Ministry of Interior and National Administration introduced significant updates to its current work permit system. Through two gazette notices dated 1st October 2024 and 16th December 2024, these updates have not only introduced new categories of work permits but also modified the existing categories. These reforms aim to align the work permit framework with evolving economic, social, and technological realities, while also promoting Kenya as a hub for professionals and organizations. Below is a breakdown of the new and revised work permit categories, highlighting their key features and requirements.

New categories of work permits

Class N: Digital Nomad

This permit is issued to a non-Kenyan citizen who has been offered employment by a company based outside the country but works remotely from Kenya, or a freelancer remotely working from Kenya for a company based outside the country. Unlike the traditional Class D and Class G permits, which cater to foreigners employed or engaged as consultants by Kenyan-based entities, Class N specifically targets remote workers. Applicants seeking to obtain this permit must commit not to accept employment or engage in any income-generating activities of any kind in Kenya for an employer/company in Kenya. Furthermore, the applicants must also demonstrate that their presence will be beneficial to Kenya The key requirements for obtaining this permit are that the applicant must have a valid passport, and provide evidence of remote work, assured annual income of $24,000 derived from sources outside Kenya, proof of accommodation in Kenya, and proof of a clean criminal record from the country of habitual residence. The permit is issued at an annual fee of $1,000/= with a processing fee of $200.

Class P: Staff of the United Nations, Diplomatic Missions, Inter-Governmental Organizations and International Nongovernmental Organizations accredited to Neighbouring hardship countries

This permit is issued to employees of the United Nations, Diplomatic Missions, Inter-Governmental Organizations, and International NGOs accredited to or based in neighbouring hardship countries to enable them and their families to reside in Kenya. The permit is issued at an annual fee of $1,000/= with a processing fee of $200.

Class Q: Professional working for Religious or Charitable Organizations

This permit is issued to professionals such as doctors, teachers, and pilots, among others, working for religious or charitable organizations registered under the Society’s Act, in a company limited by guarantee, and a trust registered under the Trustee Act. To qualify for this permit, the applicants must not be involved in preaching or conducting religious rituals and must demonstrate that their presence in Kenya will benefit the country. The permit will be issued at an annual fee of Kshs. 100,000/= with a processing fee of Kshs. 20,000/=.

Class R: Citizens of the East Africa Community

This permit is issued to citizens of the East African Community member states who wish to reside, engage in employment, activity, business, trade or engage in any prescribed profession in Kenya. For one to qualify for this permit, the applicant must prove that they are not a prohibited immigrant and that their presence in Kenya will be beneficial to the country. Unlike most work permits, this permit is processed and issued free of charge.

Existing categories of work permits

Class I: Approved Religious Activities

This permit will now be issued to individuals who are members of institutions registered under the Society’s Act and are actively engaged as missionaries, directly involved in preaching or conducting of religious worship and rituals. The permit is processed free of charge and issued at an annual fee of Kshs. 20,000/=, reduced from the previous fee of Kshs. 50,000/=. This is a departure from the previous Class I permits which were issued to individuals directly involved in preaching, conducting religious worship and rituals, or working for religious and charitable organizations.

Conclusion

The recent updates to Kenya’s work permit system hold notable implications for both employers and foreigners seeking employment or residence in Kenya. Employers now have access to a more diverse pool of foreign talent, particularly in specialized areas like digital technology, humanitarian work, and intergovernmental collaborations. Furthermore, the reduction in fees for certain permits alleviates some of the financial burdens on organizations that sponsor or employ foreign workers. The introduction of new categories of work permits such as the Class N and Class R permits acknowledges the growing global trend of remote work and the need for regional mobility. This positions Kenya as a forward-thinking destination for remote workers, potentially boosting tourism, local consumption, and digital innovation.

Researched and compiled by Fiona Tambo, Associate. For further advice on any matters raised, please feel free to contact Fiona.

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