M-Wakili

Ask a lawyer:
Draft a visa application for an employment-based immigration

M-Wakili's Response

I understand you are seeking to draft a visa application for employment-based immigration to Kenya. I can help you with that.

Table of Contents

  1. Introduction

  2. Requirements for Employment-Based Visas in Kenya

  3. Sample Visa Application

  4. Conclusion

  5. TLDR

1. Introduction

Kenya's immigration laws are governed by the Kenya Citizenship and Immigration Act, 2011. This Act outlines the various visa categories available to foreign nationals seeking to enter and reside in Kenya, including employment-based visas.

2. Requirements for Employment-Based Visas in Kenya

To obtain an employment-based visa in Kenya, you must meet specific requirements. These requirements are outlined in the Kenya Citizenship and Immigration Act, 2011, and the Immigration Regulations, 2012.

2.1. Types of Employment-Based Visas

There are two main types of employment-based visas in Kenya:

  • Work Permit (Class D Visa): This visa is for foreign nationals who are employed by a Kenyan company or organization.

  • Special Pass: This visa is for foreign nationals who are employed in a specific profession or occupation that requires specialized skills or expertise.

2.2. General Requirements

The general requirements for both types of employment-based visas include:

  • Valid Passport: Your passport must be valid for at least six months beyond your intended stay in Kenya.

  • Visa Application Form: You must complete the relevant visa application form, which can be obtained from the Kenyan embassy or consulate in your country of residence or online through the eCitizen portal.

  • Letter of Employment: This letter must be from your prospective employer in Kenya, stating your job title, salary, and duration of employment.

  • Proof of Financial Means: You must provide evidence that you have sufficient financial resources to support yourself during your stay in Kenya.

  • Medical Certificate: You must provide a medical certificate from a qualified medical practitioner, confirming that you are in good health.

  • Police Clearance Certificate: You must provide a police clearance certificate from your country of residence, confirming that you have no criminal record.

  • Passport-Sized Photographs: You must provide two recent passport-sized photographs.

  • Application Fee: You must pay the applicable visa application fee.

2.3. Additional Requirements for Specific Visa Categories

In addition to the general requirements, there are specific requirements for each type of employment-based visa:

  • Work Permit (Class D Visa):

    • Job Offer: You must have a valid job offer from a Kenyan employer.

    • Labor Market Test: Your employer must demonstrate that they were unable to find a suitable Kenyan candidate for the position.

    • Work Permit Application: Your employer must submit a work permit application on your behalf to the Department of Immigration Services.

  • Special Pass:

    • Specialized Skills: You must possess specialized skills or expertise that are not readily available in Kenya.

    • Professional Qualifications: You must have the necessary professional qualifications and experience to perform the job.

    • Special Pass Application: You must submit a special pass application to the Department of Immigration Services.

2.4. Processing Time

The processing time for employment-based visas in Kenya can vary depending on the type of visa and the volume of applications. It is advisable to apply for your visa well in advance of your intended travel date.

3. Sample Visa Application

Republic of Kenya

Department of Immigration Services

Visa Application Form

[Your Full Name]

[Your Address]

[Your Phone Number]

[Your Email Address]

[Date]

[Country]

Type of Visa: Employment-Based Visa

Visa Category: [Work Permit (Class D Visa) or Special Pass]

Purpose of Visit: Employment

Intended Duration of Stay: [Number] Months/Years

Employer Name: [Employer Name]

Employer Address: [Employer Address]

Employer Phone Number: [Employer Phone Number]

Employer Email Address: [Employer Email Address]

Job Title: [Job Title]

Salary: [Salary]

Previous Employment History:

  • [Previous Employer Name]

  • [Previous Employer Address]

  • [Previous Job Title]

  • [Previous Salary]

  • [Previous Employment Dates]

Education and Qualifications:

  • [Degree Name]

  • [University Name]

  • [Graduation Date]

  • [Other Relevant Qualifications]

Financial Means:

  • [Bank Statement]

  • [Proof of Income]

  • [Other Financial Documents]

Medical Certificate:

  • [Medical Certificate]

Police Clearance Certificate:

  • [Police Clearance Certificate]

Passport-Sized Photographs:

  • [Two Recent Passport-Sized Photographs]

Declaration:

I hereby declare that the information provided in this application is true and accurate to the best of my knowledge. I understand that any false or misleading information may result in the rejection of my visa application.

Signature:

Date:

[Horizontal Rule]

4. Conclusion

The process of obtaining an employment-based visa in Kenya can be complex and time-consuming. It is essential to carefully review the requirements and ensure that you meet all the necessary criteria. It is also advisable to seek professional legal advice from an immigration lawyer in Kenya to ensure that your application is properly prepared and submitted.

5. TLDR

To obtain an employment-based visa in Kenya, you must meet specific requirements, including a valid passport, visa application form, letter of employment, proof of financial means, medical certificate, police clearance certificate, passport-sized photographs, and the application fee. The processing time for employment-based visas can vary depending on the type of visa and the volume of applications. It is advisable to apply for your visa well in advance of your intended travel date.

Sources:

  • Kenya Citizenship and Immigration Act, 2011

  • Immigration Regulations, 2012

  • eCitizen Portal

  • Department of Immigration Services

[Horizontal Rule]

Answered by mwakili.com