Practice area
Immigration
Work permits, residency, citizenship and deportation appeals.
Overview
Immigration law governs the entry, residence, and employment of foreign nationals in Kenya, and the acquisition and loss of Kenyan citizenship. It is governed primarily by the Kenya Citizenship and Immigration Act, 2011 and the Immigration Regulations, 2012, administered by the Directorate of Immigration Services and the Department of Refugee Affairs. For businesses operating in Kenya, immigration compliance is essential — employing a foreign national without the correct permit is a criminal offence that can result in fines, imprisonment, and deportation.
Advocates offering this service act for individuals, employers, and investors. For individuals, they handle applications for work permits, special passes, dependent passes, and student passes. Advocates advise on the most appropriate permit category — Class D for ordinary employment, Class G for investors, Class K for persons with assured income, Class B for agriculture, Class C for prospecting, and the various specialist classes — and they prepare the application package, including the employer's justification for hiring a foreign national, the applicant's qualifications and experience, and the required supporting documents.
For businesses, they provide comprehensive immigration support. Advocates advise on the lawful employment of expatriates, the preparation of employer compliance files, and the management of permit renewals and variations. Advocates assist with the registration of foreign-owned companies and the immigration aspects of corporate transactions — including the transfer of permits following a merger or acquisition. Advocates also advise on the management of immigration audits and inspections by the Directorate of Immigration Services.
Permanent residency and citizenship are areas where they provide specialised guidance. Advocates handle applications for permanent residency under the various categories available under the Act, including persons married to Kenyan citizens, persons who have held work permits for at least seven years, and children of Kenyan citizens born abroad. Advocates also advise on the acquisition of Kenyan citizenship by registration and naturalisation, the dual citizenship provisions of the 2010 Constitution, and the renunciation and deprivation of citizenship.
Advocates handle appeals against the refusal of permits and visas, and representations against deportation orders. The work also covers the judicial review of immigration decisions before the High Court, challenging decisions that are unreasonable, procedurally unfair, or inconsistent with the Constitution. Advocates also act for clients in cases involving the detention of foreign nationals at port of entry and the management of immigration emergencies.
For the East African Community, they advise on the free movement of persons and labour under the EAC Common Market Protocol, including the rights of EAC citizens to work, establish businesses, and reside in Kenya. Advocates handle applications for EAC residence permits and the recognition of professional qualifications across the community.
What’s typically covered
- Work permit applications and renewals across the permit classes
- Special passes and dependant passes
- Permanent residence applications
- Citizenship by registration, including for spouses of citizens
- Appeals and judicial review of refusals, cancellations and removal orders
- Employer immigration compliance and audits
Typical scenarios
- A Nairobi technology company hiring a foreign engineer and needing a class D work permit.
- A foreign national married to a Kenyan citizen applying for citizenship by registration.
- A long-term resident whose permit renewal was refused without reasons.
FAQs
Immigration: common questions
Generally no. Working without a valid permit or pass is an offence under the Kenya Citizenship and Immigration Act. Some short-term assignments can be covered by a special pass. Get advice before starting work.
Applications are made online through the Department of Immigration’s eCitizen-based system, with supporting documents such as qualifications, the employer’s registration documents and evidence of why the role cannot be filled locally. Requirements vary by permit class.
The Constitution allows a person married to a Kenyan citizen for at least seven years to apply for citizenship by registration, subject to the conditions in the Kenya Citizenship and Immigration Act.
Depending on the decision, you may be able to request a review, re-apply with better documentation or challenge the decision in the High Court as unreasonable or procedurally unfair under the Fair Administrative Action Act. Time limits apply, so act quickly.
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