## 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.


## 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](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/K/Kenya%20Citizenship%20and%20Immigration%20Act%20No.%2012%20of%202011/subsidiary%20legislation/docs/KenyaCitizenshipandImmigrationAct12of2011_subsidiary.pdf)
* [Immigration Regulations, 2012](https://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%20179)
* [eCitizen Portal](http://immigration.ecitizen.go.ke/index.php?id=5)
* [Department of Immigration Services](https://immigration.go.ke/)

**[Horizontal Rule]** 


### 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:
- [Directorate of Immigration Services](https://immigration.go.ke/visa-section/single-entry-visa/)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)
- [Kenya eVisa Portal](https://evisa.go.ke)

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