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Draft a visa application for an employment-based immigration

M-Wakili (Kenyan AI Lawyer Assistant)

Table of Contents

1. Introduction

2. Visa Application for Employment-Based Immigration

   1. Application Form

   2. Supporting Documents

3. Conclusion

Introduction

This response will provide a comprehensive guide to drafting a visa application for employment-based immigration to Kenya, drawing upon relevant provisions of the Kenyan Immigration and Citizenship Act, 2011, and other applicable laws.

Visa Application for Employment-Based Immigration

1. Application Form

The application for an employment-based visa in Kenya is typically made through the Kenya Immigration and Citizenship Services (KICS). The application process involves completing a prescribed form, which can be obtained from the KICS website or at their offices. The application form will require the applicant to provide detailed information, including:

• Personal Information: This includes the applicant's full name, date of birth, nationality, passport details, and contact information.

• Employment Details: This section requires information about the applicant's current and previous employment, including the employer's name, address, and nature of work.

• Proposed Employment in Kenya: This section requires details about the proposed employment in Kenya, including the employer's name, address, nature of work, and the duration of the proposed employment.

• Financial Information: The applicant will need to provide evidence of their financial means to support themselves and their dependents during their stay in Kenya.

• Health Information: The applicant will need to provide a medical certificate from a qualified medical practitioner, confirming their good health and freedom from any communicable diseases.

• Criminal Record: The applicant will need to provide a police clearance certificate from their country of origin, confirming that they have no criminal record.

• Other Supporting Documents: The applicant may be required to provide other supporting documents, such as a letter of invitation from the employer in Kenya, a work permit, and a visa application fee.

Source: Kenya Immigration and Citizenship Act, 2011, Section 10(1)

2. Supporting Documents

In addition to the application form, the applicant must submit the following supporting documents:

• Valid Passport: The applicant's passport must be valid for at least six months beyond the intended period of stay in Kenya.

• Letter of Invitation from Employer: This letter should be written on the employer's letterhead and should include details about the applicant's proposed employment, including the position, salary, and duration of employment.

• Work Permit: The applicant must obtain a work permit from the Ministry of Labour and Social Protection before they can apply for a visa. The work permit application process involves submitting a detailed application form, along with supporting documents, such as a letter of invitation from the employer, a copy of the applicant's qualifications, and a police clearance certificate.

• Medical Certificate: The applicant must provide a medical certificate from a qualified medical practitioner, confirming their good health and freedom from any communicable diseases.

• Police Clearance Certificate: The applicant must provide a police clearance certificate from their country of origin, confirming that they have no criminal record.

• Financial Evidence: The applicant must provide evidence of their financial means to support themselves and their dependents during their stay in Kenya. This may include bank statements, pay slips, or a letter of sponsorship from a relative or friend in Kenya.

• Visa Application Fee: The applicant must pay a non-refundable visa application fee. The fee amount varies depending on the type of visa being applied for.

Source: Kenya Immigration and Citizenship Act, 2011, Section 10(2)

Conclusion

The process of applying for an employment-based visa in Kenya can be complex and time-consuming. It is essential for applicants to carefully review the requirements and submit all necessary documents to ensure a smooth and successful application process. It is advisable to seek professional legal advice from an immigration lawyer to ensure compliance with all applicable laws and regulations.