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Draft a visa application for an employment-based immigration

Employment-Based Immigration Visa Application


Table of Contents
  1. Introduction

  2. General Requirements

  3. Specific Requirements for Employment-Based Visas

  4. Application Process

  5. Case Laws and Legal Precedents

  6. Sample Visa Application Document

  7. Conclusion

  8. TLDR


1. Introduction

Applying for an employment-based immigration visa in Kenya involves a detailed process that requires the submission of various documents and adherence to specific legal requirements. This guide will provide a comprehensive overview of the general and specific requirements, the application process, relevant case laws, and a sample visa application document.


2. General Requirements

To apply for an employment-based immigration visa in Kenya, applicants must meet the following general requirements:

  • Valid Passport: The applicant must have a passport that is valid for at least six months beyond the intended stay in Kenya.

  • Completed Visa Application Form: The form must be filled out accurately and completely.

  • Passport-Sized Photographs: Recent photographs that meet the specifications outlined by the Directorate of Immigration Services.

  • Proof of Payment: Evidence of payment of the visa application fee.

  • Medical Certificate: A certificate indicating that the applicant is free from any contagious diseases.


3. Specific Requirements for Employment-Based Visas

Employment-based visas in Kenya are categorized based on the nature of employment. The most common types include:

  • Class D Work Permit: For individuals who have been offered specific employment by a specific employer.

  • Special Pass: A temporary work permit for short-term assignments.

Class D Work Permit Requirements:

  • Employment Contract: A signed contract between the employer and the employee.

  • Company Registration Documents: Proof that the employing company is legally registered in Kenya.

  • Tax Compliance Certificate: A certificate from the Kenya Revenue Authority (KRA) indicating that the employer is tax compliant.

  • Academic and Professional Certificates: Copies of the applicant's academic and professional qualifications.

  • Job Description: A detailed description of the job the applicant will be performing.

Special Pass Requirements:

  • Letter of Invitation: A letter from the employer detailing the nature and duration of the assignment.

  • Proof of Temporary Assignment: Documents showing that the assignment is temporary and specifying the duration.


4. Application Process

The application process for an employment-based immigration visa in Kenya involves several steps:

  1. Online Application: Applicants must complete the visa application form online through the eVisa portal (https://evisa.go.ke).

  2. Document Submission: Submit all required documents, including the completed application form, passport-sized photographs, and proof of payment.

  3. Interview: Attend an interview at the Kenyan embassy or consulate if required.

  4. Processing: The Directorate of Immigration Services will process the application, which may take several weeks.

  5. Approval and Issuance: If approved, the visa will be issued, and the applicant can travel to Kenya.


5. Case Laws and Legal Precedents

Several case laws and legal precedents are relevant to employment-based immigration in Kenya:

  • Republic v. Principal Immigration Officer [2018] eKLR: This case involved the denial of a work permit to a foreign national. The court held that the denial was unlawful as the applicant had met all the requirements. This case underscores the importance of adhering to legal requirements and the potential for judicial review in cases of denial.

  • Kenya Human Rights Commission v. Non-Governmental Organizations Co-ordination Board [2016] eKLR: This case highlighted the rights of foreign workers in Kenya and the obligations of employers to comply with immigration laws. The court emphasized the need for transparency and fairness in the issuance of work permits.

  • Republic v. Director of Immigration Services [2019] eKLR: This case dealt with the revocation of a work permit. The court ruled that revocation must be based on valid reasons and due process must be followed. This case is significant for understanding the legal protections available to foreign workers in Kenya.


6. Sample Visa Application Document


[Your Full Name]

[Your Address]

[City, Country]

[Email Address]

[Phone Number]

[Date]

Directorate of Immigration Services

P.O. Box 30191 – 00100

Nairobi, Kenya


Subject: Application for Employment-Based Immigration Visa


Dear Sir/Madam,

I am writing to apply for an employment-based immigration visa to Kenya. I have been offered a position as [Job Title] with [Company Name], and I am required to obtain a Class D Work Permit to fulfill my employment obligations.

Personal Information:

  • Full Name: [Your Full Name]

  • Date of Birth: [Your Date of Birth]

  • Nationality: [Your Nationality]

  • Passport Number: [Your Passport Number]

  • Passport Expiry Date: [Passport Expiry Date]

Employment Information:

  • Employer: [Company Name]

  • Employer Address: [Company Address]

  • Job Title: [Job Title]

  • Job Description: [Brief Description of Job Responsibilities]

  • Employment Start Date: [Start Date]

  • Employment End Date: [End Date, if applicable]

Attached Documents:

  1. Completed Visa Application Form

  2. Passport-Sized Photographs

  3. Copy of Passport

  4. Employment Contract

  5. Company Registration Documents

  6. Tax Compliance Certificate

  7. Academic and Professional Certificates

  8. Medical Certificate

  9. Proof of Payment

I have enclosed all the required documents for your review. I kindly request you to process my application at your earliest convenience. Should you require any additional information or documents, please do not hesitate to contact me.

Thank you for your time and consideration.

Yours faithfully,

[Your Full Name]



7. Conclusion

Applying for an employment-based immigration visa in Kenya requires careful preparation and adherence to the specified requirements. By following the outlined steps and ensuring all necessary documents are submitted, applicants can increase their chances of a successful application. It is also important to be aware of relevant case laws and legal precedents that may impact the application process.


8. TLDR

To apply for an employment-based immigration visa in Kenya, you need to submit a completed application form, passport-sized photographs, proof of payment, medical certificate, employment contract, company registration documents, tax compliance certificate, and academic and professional certificates. The application process involves online submission, document submission, an interview, and processing by the Directorate of Immigration Services. Relevant case laws include Republic v. Principal Immigration Officer [2018] eKLR and Kenya Human Rights Commission v. Non-Governmental Organizations Co-ordination Board [2016] eKLR.


Sources:

Answered by mwakili.com