July, 2012

In the recent Kenya Gazette Supplement (No.63 of 2012), the new Citizenry and Immigration Regulations have been published to introduce higher tariffs, re-classification of permits and the removal of the “business visa” among other things.


Some of the key changes that carry immediate impact are:


1. The classification of entry permits has changed. For example the current Class A permit (for expatriates) has changed to Class D.


2. The Government fees for an employment permit have been revised from Kshs.100, 000 per year to Kshs.200, 000 per year, effectively doubling the cost of expatriate work permits. This includes those that were already been approved but not yet paid for.


3. The Regulations are also introducing a new nonrefundable processing fee of Kshs 10,000 for the expatriate work permits and other applications.


4. The period within which an employer should pay for a work permit from the date of the notification of approval has been reduced from 90 days to 30 days.


5. The Regulations have restricted the issuance of the “Visitors’ Pass” (commonly referred to as business visa) to persons visiting Kenya for holiday and visits only. Persons coming for business meetings will have to acquire a Special Pass.


6. Special Passes can now be issued for a period of up to six months. The fee has been revised from Kshs 25,000 for three months to Kshs.15,000 per month. As such, an applicant will be required to indicate the period the Special Pass is required.


7. A Special Pass application can now be lodged at the port of entry if the applicant is coming for employment for a period not exceeding three months, though it is not clear how this will be effected administratively.


8. There will be no Re-entry Pass for a holder of a work permit, Special Pass, Resident Permit or Pupil’s Pass. Re-entry is only restricted to holders’ of a Dependant Pass. The fee has been revised from Kshs 200 to Kshs 1,000 per year.


9. The Regulations implements the provisions of ‘Permanent Residence’ as provided for under the Kenya Citizenship and Immigration Act. They have introduced a fee of Kshs 500,000 for the permanent residence certificate.


10. Immigration officials are now by law, empowered to conduct impromptu visits/ raids at the premises of any employer to verify the number of expatriates an employer has and to confirm if the all expatriates have the right immigration documents/status.


For more information kindly visit the Ministry of Immigration and Registration of Persons website

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