Security Law Brings Stricter Work Permit Requirements

Foreign nationals in Kenya will face stricter work permit rules due to a new amendment that has been implemented in line with a renewed focus by the Kenyan government on national security concerns. The new law is effective immediately. 

Some key provisions of the amendment include:

• Mandatory out-of-county work permit processing. Foreign nationals can no longer enter Kenya without an approved work permit;
• A change of status in country will no longer be possible;
• Holders of multiple passports will only be able to use the passport declared in processing of work permits, unlike before when foreign nationals could have both passports endorsed with residency status; and
• Foreign nationals residing in Kenya for a continuous period exceeding three months will be required to register for an alien card. Previously, this only applied for individuals holding long term work authorizations.

Changes in the Committees in Charge of Approving Work Permits 

The amendment also appoints the Cabinet Secretary in charge of the National Treasury to have authority to determine which categories of employees qualify for work permits in Kenya. Additionally, the Entry Permits Determination Committee, which approves or rejects applications, will now be solely appointed by the Cabinet Secretary in charge of immigration. 

What This Means for Employers and Foreign Nationals 

The new law may bring procedural and documentary changes that may complicate the application process and extend the current 12-16 week processing time for long-term work permits. Therefore, foreign nationals seeking to work in Kenya should consider applying for a short-term work permit for more urgent work. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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