Immigration can be defined as what makes it possible for people to travel to other countries or reside in foreign countries on a permanent or temporary basis. The very first process is to work on getting a passport from your country’s Immigration department.
Once you get a passport, you will need to apply for a visa depending on the laws of the country you are travelling to and the purpose of your visit. Once you arrive in the country, establish what type permit you will need to facilitate your smooth stay. In this case we shall address the necessary documents needed when travelling to Kenya, starting from different types of visas, special passes, permits, residency and citizenship.
Visas in Kenya.
In regards to Visa, entry into and exit from Kenya should only be made through the designated points of entry or departure. Once a person lawfully enters Kenya, they are required to personally report their arrival to the immigration officer at the point of entry. To apply for a visa, an individual should provide their passport or any other travel document.
There are numerous categories of visas that the Director may issue to foreigners entering Kenya.
These types include:
- Ordinary visa for single or multiple entries to persons whose nationalities require a visa to enter Kenya.
- Transit Visa, which is issued for periods not exceeding three days to persons whose nationalities require visas to enter Kenya and who intend to transit through Kenya to a different destination.
- Diplomatic Visa for single or multiple entries to holders of Diplomatic Passports who are on official duty.
- Courtesy/official Visa which is issued to persons holding official or service passports on official duty and to ordinary passport holders who are not entitled to a Diplomatic Visas but where it is considered necessary as an extension of international courtesy.
- East Africa Single Tourist Visa for single entry to persons whose nationalities require visas to enter Kenya for tourism and onward transit into the Republic of Rwanda or Uganda.
Types of Passes in Kenya.
Passes are usually issued in Kenya depending on the nature of a person’s visit. There are various types of Passes that are issued by the Immigration Department of Kenya and these include;
- Special Pass- This is issued to persons entering and remaining in Kenya for a limited period of time for purposes of temporarily conducting a business, trade or profession.
- Student/Research/Internship Pass- This type of Pass is issued to foreign students who have been admitted or accepted to study in a Kenyan Educational or Training Institution.
- Dependant Pass- This type of pass is issued to persons whose spouse/parent/guardian has been permitted to be in Kenya by virtue of being a citizen, permanent resident, or has a permit.
- Interstate Pass – This is applicable to Kenyans who intend to travel between Kenya, Uganda and Rwanda without a Visa.
Application for Permits.
Permits are documents issued by the Kenyan Immigration Department to enable foreign nationals to engage in missionary activities, trade, prospecting, farming, business, and even professional employment. There are various classes of permits issued and they include;
- Class A (For Prospecting and Mining) – This permit is issued to a person who intends to engage, whether alone or in partnership, in prospecting for minerals or mining in Kenya.
- Class B (Agriculture and Animal Husbandry) – This permit is issued to a person who intends to engage, whether alone or in partnership, in the business of agriculture or animal husbandry in Kenya.
- Class C (Prescribed Profession) – This permit is issued to a person who is a member of a prescribed profession who intends to practice that profession, whether alone or in partnership, in Kenya.
- Class D (Employment) – This permit is issued to a person who is offered specific employment by a specific employer, the government of Kenya or any other person or authority under the control of the Government or an approved technical aid scheme under the United Nations Organization or some other approved Agency, who is in possession of skills or qualifications that are not available in Kenya and whose engagement in that employment will be of benefit to Kenya.
- Class F (Specific Manufacturing) – This permit is issued to a person who intends to engage, whether alone or in partnership, in a specific manufacture in Kenya.
- Class G (Specific Trade, Business or Consultancy) – This permit is issued to a person who intends to engage, whether alone or in partnership, in a specific trade, business, consultancy or profession in Kenya.
- Class I (Approved religious/Charitable Activities) – This permit is issued to a person who is a member of an institution registered under the Society’s Act who is engaged as a missionary, a Member of a company limited by guarantee, Member of a trust registered under the Trustees Act and is approved by the Government of Kenya, and whose presence in Kenya will be of benefit to Kenya.
- Class K (Ordinary Residents) – This permit is issued to a person who Is not less that thirty-five years of age; and has in his own right and at his full and free disposition an assured annual income of not less than the prescribed amount that is derived from sources other than any such employment, occupation, trade, business or profession.
- Class M (Refugees) – This permit is issued to a person who has been granted refugee status in Kenya and any spouse of such a refugee who intends to take up employment or engage in a specific occupation, trade, business or profession.
- Temporary Permit – This is the type of permit issued to Kenyan citizens to enable them travel within Uganda, Rwanda and Tanzania and is usually valid for a period of one (1) year.
Application for Permanent Residency
You have just gotten work in Kenya, moved in and settled and now you are interested in living in the country permanently, is there a way this is possible? Yes? Your Lawyers will make this process simple for you.
The Kenyan Department of Immigration allows foreigners to obtain permanent residency in Kenya under four categories;
- Category A- Permanent Residency for Ex-Citizens of Kenya
- Category B- Permanent Residency for holders of Work permits
- Category C- Permanent Residency for Children of Kenya Citizens
- Category D- Permanent Residency for Spouses of Kenya Citizens
Prior to making the application, the Applicants may be interviewed for verification of the information provided during the application and further subjected to background checks.
Once you are a permanent resident, it will be easier for your spouse and children to do the application since they will not be subjected to any background checks.
All you need is to prepare some documents and a good competent lawyer to smoothen the process for you. Additionally, the applicant may be required to appear with the spouse before the Permanent Residence Advisory Committee while the processing is ongoing.
Application for Kenyan Citizenship
Kenyan citizenship can be acquired byː
- Birth- a person becomes a citizen by birth if one of the parents is or was a Kenyan citizen at the date of the person’s birth whether or not the person is or was born in Kenya.
- Registration- persons can acquire Kenyan citizenship upon making an application for the registration subject to you being eligible.
It is important to note that for persons who have dual citizenship and one of them being Kenyan, the Kenya Immigration Department has the option of endorsing the passport from the other country indicating that the person is a citizen of Kenya.
All you need to acquire any of the services is qualified attorney to offer legal support into the technicalities of the processes. CR Advocates is a full service immigration law firm that can be of great assistance.
Note: the above article is for general understanding only and is not made to constitute legal advice for a specific legal brief, each transaction is unique therefore requiring specific application of the law.
The write is an Advocate of the High Court of Kenya and the CEO/Founder of CR Advocates LLP.
Email: carole@cradvoccatesllp.com
Website: www.cradvocatesllp.com