Kenya: Digital Nomad Visa Introduced, Further Details Forthcoming

• Eligibility. Eligible applicants must:
  • possess a valid passport;
  • have proof of employment (if an employee) or a business contract (if working as a freelancer);
  • have proof of accommodations in Kenya; and
  • have proof of a clean criminal record from the country of origin or residence.
• Validity. The published regulations do not specify the validity period of the Digital Nomad Visa – these will be made clear when the official gazette is published in the coming days.
• Other criteria. Other criteria for eligibility include earning a sufficient minimum income according to government regulations.
• Application details. Application processes and processing times are not clear – this information is expected to be published in the coming days.
• Dependents. The published regulations do not specify any rules regarding dependents – this is expected to be published in the coming days.
• Local work. Digital Nomad Visa holders are prohibited from being employed by a company in Kenya or from earning money in Kenya by engaging in for-profit activities.

This new category provides an immigration pathway for remote workers, which was previously not available. The visa will likely boost Kenya’s tourism industry.

• Continuing trend. Although digital nomad visas and permits are not being introduced as rapidly as when the trend first started, we still see such tailored digital nomad statuses being introduced over the past months, with more in the pipeline.
• Remote work visa warning. In countries where remote work is unregulated, workers and employers may unknowingly put themselves at risk of noncompliance with many aspects of the law, exposing them to possible fines or other penalties, depending on the country. Importantly, noncompliance with regulations could result in employers losing their rights to hire foreign labor. Additionally, this type of work arrangement may have employment or tax law impacts. It will become increasingly important as such policies are developed (and in many countries where remote work is unregulated) for employers to analyze strategies and assess risks associated with implementing and/or continuing remote work policies with a trusted immigration partner.

We will update this alert when the Kenyan government publishes further details on the program in an official gazette in the coming days.

Remote work and non-traditional non-sponsored statuses remain of high interest to corporate and public stakeholders as countries grapple with talent shortages worldwide. Fragomen will report on related developments.