Category: Immigration

  • Kenya Class C work permit: Requirements, fees and how to apply

    Kenya Class C work permit: Requirements, fees and how to apply

    Foreign professionals planning to practise their profession in Kenya may need a Class C work permit. However, holding professional qualifications alone does not guarantee approval. Applicants must meet specific immigration and professional requirements before practising in the country.

    Understanding the eligibility criteria, required documents and application process can help foreign nationals prepare a stronger application and avoid unnecessary delays.

    What is a Class C work permit in Kenya?

    A Class C work permit, also known as the prescribed profession permit, is issued to eligible foreign nationals who intend to practise a recognised profession in Kenya, either independently or in partnership.

    Under the Kenya Citizenship and Immigration Regulations, 2012, the permit applies to professionals whose qualifications and intended practice meet the prescribed requirements and whose work is considered beneficial to Kenya.

    Eligible professions include medicine, dentistry, law, engineering, architecture, nursing, pharmacy, surveying, accountancy, veterinary medicine, physiotherapy, actuarial science, chartered secretarial practice, and certain scientific and information and communication technology fields.

    Who qualifies for a Class C work permit?

    To qualify for a Kenya Class C work permit, an applicant must generally demonstrate that they:

    • Possess the prescribed academic and professional qualifications.
    • Have sufficient capital and other resources available to support their professional practice.
    • Are registered with the relevant professional body, association or institute in their country of origin.
    • Intend to practise a profession that can benefit Kenya.

    Meeting these conditions does not automatically guarantee approval. Applicants may also need to satisfy applicable Kenyan professional registration or licensing requirements before practising in a regulated field.

    Class C work permit requirements in Kenya

    Applicants should prepare the relevant supporting documents before submitting an application. These generally include:

    • A completed and signed Form 25.
    • A valid passport and recent passport-size photographs.
    • A detailed cover letter addressed to the Director General of Immigration Services.
    • Certified academic and professional certificates.
    • Proof of membership in the relevant professional body.
    • A curriculum vitae (CV).
    • A copy of the applicant’s KRA PIN certificate.
    • Evidence of current immigration status, where applicable.
    • A valid organisation tax compliance certificate for a new application, where required.
    • Previous permits or passes, where applicable.

    Renewal applications may require additional documents, including relevant individual and organisational tax compliance certificates. Documents issued in foreign languages must be translated into English in accordance with immigration requirements.

    The exact documents required may depend on the applicant’s circumstances and the nature of their professional practice.

    How much does a Class C work permit cost?

    According to the Directorate of Immigration Services, the published fees for a Class C work permit are:

    • Processing fee: KES 20,000, non-refundable.
    • Issuance fee: KES 250,000 per year.

    The Directorate also indicates that applicants from East African Community member states are eligible for a fee exemption under its published fee schedule. Applicants should confirm their eligibility and applicable charges before paying.

    Processing fees are non-refundable, and submitting an application does not guarantee approval. Applicants should therefore verify the current requirements and fees through the official immigration portal before applying.

    How to apply for a Class C work permit in Kenya

    Applications are submitted online through the Foreign Nationals Services (eFNS) portal.

    The general procedure involves:

    • Creating an account on the official portal.
    • Completing the relevant application form.
    • Uploading the required supporting documents.
    • Paying the applicable processing fee.
    • Tracking the application and responding to any requests for additional information.

    As an applicant, always ensure that your qualifications, professional registration, and supporting records meet the prescribed conditions before applying. Submitting an application does not guarantee approval, and foreign nationals should obtain the appropriate authorisation before beginning professional practice.

    Sources & Further Reading 

    https://fns.immigration.go.ke/infopack/permits/classC/
    https://new.kenyalaw.org/akn/ke/act/ln/2012/64/eng%402025-05-30/source
  • Can a child lose their U.S. Green Card after staying abroad for over a year?

    Can a child lose their U.S. Green Card after staying abroad for over a year?

    Can a child lose their U.S. Green Card after staying abroad for over a year?

    What parents need to know about extended travel and U.S. permanent resident status.

    A child with a U.S. Green Card may face immigration challenges after staying outside the United States for more than one year. Families considering extended travel for education, caregiving, or other reasons should understand how prolonged absences may affect their child’s ability to return.

    An absence of more than one year does not automatically cancel permanent resident status. However, it can affect the Green Card’s validity as a travel document and raise questions about whether the child has maintained U.S. permanent residence. The outcome depends on the circumstances and applicable immigration requirements.

    Does a child automatically lose their Green Card after one year abroad?

    No. Spending more than one year outside the United States does not automatically terminate a child’s lawful permanent resident status.

    However, U.S. Customs and Border Protection (CBP) explains that a Green Card is generally used to return to the United States after an absence of less than one year. For longer absences, a permanent resident generally needs a valid re-entry permit or may need to explore other immigration options.

    Immigration authorities may also consider whether the individual intended to maintain the United States as their permanent home. Extended or frequent absences, and circumstances suggesting a person has established permanent residence elsewhere, may raise concerns about abandoning status.

    The length of the absence is important, but it is not the only factor.

    How does an absence of more than one year affect re-entry?

    Permanent residents planning to remain abroad for one year or longer should consider applying for a re-entry permit before leaving the United States.

    The application is made using Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. Applicants must be physically present in the United States when filing for a re-entry permit and must meet the applicable requirements.

    A re-entry permit is generally valid for up to two years, although exceptions apply. It can help a permanent resident seek admission after an extended absence without first obtaining a Returning Resident visa, provided the permit remains valid and other requirements are met.

    However, a re-entry permit does not guarantee admission or conclusively establish that permanent resident status has been maintained.

    Parents should review the USCIS Form I-131 instructions before making extended travel arrangements.

    What if the child is already abroad for more than one year?

    Parents whose children are already abroad beyond the relevant travel-document validity period should contact the nearest U.S. embassy or consulate to discuss their circumstances.

    One possible option is a Returning Resident (SB-1) immigrant visa. According to the U.S. Department of State, an applicant generally must demonstrate that they:

    • Held lawful permanent resident status when they departed the United States.
    • Departed intending to return and have not abandoned that intention.
    • Were unable to return within the permitted period because of circumstances beyond their control and for which they were not responsible.

    Applicants must provide supporting evidence, and approval is not automatic. If approved for returning resident status, they must also meet the applicable immigrant visa requirements.

    Does the child’s age or family situation matter?

    A child’s circumstances may help explain the reason for an extended stay abroad. For example, a child may have travelled to live with relatives, attend school, or receive family care while a parent remains in the United States.

    However, these circumstances do not automatically preserve permanent resident status or guarantee re-entry.

    Parents should consider the purpose and expected duration of the trip, the child’s ties to the United States, whether a re-entry permit was obtained, and whether unexpected circumstances prevented an earlier return.

    Because each case depends on its specific facts, families should seek qualified immigration advice rather than assume that the rules will apply identically to every child.

    What should parents do before an extended trip?

    Parents planning for a child to remain abroad for an extended period should:

    • Plan ahead: Review the expected length of the trip and applicable travel-document requirements before departure.
    • Check re-entry permit requirements: Consult USCIS guidance to determine whether Form I-131 is appropriate.
    • Keep supporting records: Retain travel documents and evidence of U.S. residence, family ties, and any circumstances that delayed the child’s return.
    • Seek legal guidance: Consult a qualified immigration attorney before departure if the child is expected to remain abroad for a year or longer.
    • Address prolonged absences promptly: If the child is already abroad beyond the relevant travel-document validity period, contact the appropriate U.S. embassy or consulate to explore available options.

    Sources and Further Reading

  • American Immigration Update: DHS proposes $70,000 initial fee for F-1 student Optional Practical Training (OPT)

    American Immigration Update: DHS proposes $70,000 initial fee for F-1 student Optional Practical Training (OPT)

    DHS Proposes $70,000 Fee for Initial F-1 Student OPT Authorization

    The U.S. Department of Homeland Security (DHS) has proposed a $70,000 fee tied to an F-1 student’s initial Optional Practical Training (OPT) authorization, plus $30,000 for each subsequent authorization.

    The proposal is not yet in effect. It must go through public comment and federal rulemaking before DHS can finalize it.

    How the Proposed OPT Fees Would Work

    Under the proposal, a Student and Exchange Visitor Program (SEVP)-certified school would pay $70,000 the first time it recommends an F-1 student for Optional Practical Training (OPT), and $30,000 for each subsequent OPT recommendation.

    The fees would apply to both pre-completion and post-completion OPT, including a STEM OPT extension.

    After the school pays the applicable fee, its designated school official would enter the recommendation in the Student and Exchange Visitor Information System (SEVIS). The student would then apply to U.S. Citizenship and Immigration Services (USCIS) for employment authorization.

    Who Would Be Responsible for Paying the Fees?

    The proposal places the payment obligation on the school rather than directly on the student or a specific employer.

    However, DHS acknowledges that institutions could pass the costs on to students or employers, or distribute the expense across their student body.

    DHS also proposes considering refund requests on a case-by-case basis if a student ultimately does not receive work authorization.

    Which OPT Authorizations Would Be Affected?

    If adopted as proposed, the fees would cover several forms of Optional Practical Training, including:

    • Pre-completion OPT: Employment authorization for eligible F-1 students while they are still completing their academic programs.
    • Post-completion OPT: Temporary employment authorization after eligible students complete their studies.
    • STEM OPT extension: An extension available to eligible graduates in science, technology, engineering, and mathematics fields.

    These options allow eligible international students to gain practical work experience related to their fields of study.

    When Would the Proposed Rule Take Effect?

    If finalized, the rule would take effect 60 days after publication of the final rule.

    Until then, the proposal does not itself change the existing OPT process. Students, universities, and employers should therefore distinguish between the proposed requirements and the rules currently in force.

    Current Status and Public Comment Deadlines

    DHS published the proposal in the Federal Register on October 8, 2026.

    The main public-comment period closes on November 9, 2026, while comments concerning the rule’s information-collection requirements are due by December 7, 2026.

    DHS will review the submissions and may revise the proposal before issuing a final rule.

    Why Is DHS Proposing These Fees?

    DHS argues that the proposed fees would discourage schools from recommending students whose qualifications are questionable and help address alleged fraud and abuse within the OPT program.

    The proposal is part of the department’s effort to strengthen oversight of the program and protect American jobs.

    However, the proposal has prompted concerns about the financial burden it could place on educational institutions and the potential consequences for international students seeking U.S. work experience.

    Concerns Raised by Universities and Education Advocates

    Education advocates and university representatives have criticized the proposal, warning that the substantial fees could discourage international students from choosing American universities and make it harder for institutions to recruit global talent.

    According to reporting by the Associated Press, NAFSA Chief Executive Officer Fanta Aw warned that driving away international students could harm U.S. innovation, economic growth, and workforce development.

    Critics are particularly concerned about the potential effect on institutions that rely on international enrolment and on students who view post-graduation employment opportunities as an important part of their education.

    Potential Impact on International Students, Colleges, and Employers

    If adopted, the proposal could have significant implications for several groups.

    International students: Students could face higher indirect education costs if institutions pass the fees on to them. Some prospective students may reconsider studying in the United States if post-graduation employment opportunities become more difficult or expensive to access.

    Colleges and universities: Institutions could face difficult financial decisions, including absorbing the new expenses, distributing them across their student body, passing them on to students or employers, or becoming more selective about which students they recommend for OPT.

    Employers: Businesses that recruit international graduates, particularly in technical fields, could face additional hiring costs if universities pass the fees on to employers. The proposal could also affect access to graduates with specialized skills.

    More broadly, the proposal could make the United States a less attractive destination for some international students and affect the supply of graduates entering certain sectors of the workforce. However, these outcomes remain uncertain while the rule is under consideration.

    What Happens Next?

    The proposal will proceed through the federal rulemaking process, including the review of public comments submitted by universities, students, employers, and other interested parties.

    DHS may revise the proposal in response to those comments before issuing a final rule.

    Until a final rule is published and takes effect, the proposed fees should not be treated as current OPT requirements. Students and institutions should monitor official DHS and Federal Register updates for any changes.

    Sources and Further Reading

  • Deportation in Kenya: Understanding Your Right to Due Process

    Deportation in Kenya: Understanding Your Right to Due Process

    Can you be deported from Kenya without a hearing? For foreign nationals living, working, studying, or doing business in Kenya, understanding Kenya immigration law, deportation procedures, and the right to due process is important.

    Kenya has legal powers to regulate the entry, stay, and removal of foreign nationals. However, immigration enforcement in Kenya must be exercised in accordance with the Constitution, the Kenya Citizenship and Immigration Act, and other applicable laws.

    Learn how Kenya immigration law, Article 47, fair administrative action and court decisions protect due process.

    What Does Kenyan Law Say About Deportation?

    The Kenya Citizenship and Immigration Act, 2011 provides for the removal of foreign nationals in circumstances established by law. Section 43 allows the Cabinet Secretary to issue a written order directing the removal of a person whose presence in Kenya is unlawful. The Act also sets out categories of prohibited immigrants.

    The Directorate of Immigration Services is responsible for regulating entry and exit, residency, and the removal of prohibited immigrants as part of its immigration mandate.

    Do You Have a Right to Be Heard Before Deportation?

    Article 47 of the Constitution of Kenya guarantees every person the right to administrative action that is lawful, reasonable, efficient, and procedurally fair.

    The Fair Administrative Action Act, 2015 provides further safeguards where administrative action is likely to adversely affect a person’s rights or interests. These include prior notice of the proposed action and reasons, an opportunity to be heard and make representations, and information about applicable review or appeal mechanisms.

    This means that due process is relevant to deportation and immigration decisions in Kenya. However, the precise procedure required depends on factors such as the person’s immigration status, the legal basis for removal, and the circumstances of the case.

    Kenyan Court Decisions on Deportation and Due Process

    Kenyan courts have considered deportation without a hearing, immigration enforcement, and fair administrative action.

    In Ahmed v Director of Immigration Services & Another [2023], the High Court considered an immigration decision affecting a foreign national and addressed the requirements of Article 47 and the Fair Administrative Action Act. The court found that the petitioner had not been given an adequate opportunity to be heard before the adverse immigration decision and quashed the decision.

    In Limin v Director General Kenya Citizen and Foreign National’s Management Services & 3 Others [2025], the High Court found that the deportation process was unprocedural, unlawful, and arbitrary. The court quashed the deportation decision and awarded KSh 800,000 in compensation for constitutional violations.

    What Should You Do If You Receive a Deportation Order?

    If you are facing deportation from Kenya, consider taking these steps:

    • Obtain and keep a copy of the deportation or removal decision.
    • Ask for the reasons and legal basis for the decision where applicable.
    • Keep your passport, visa, permit and other immigration documents.
    • Do not ignore an immigration notice or removal order.
    • Seek legal advice promptly, especially where detention or removal is imminent.
    • Ask about available review or court remedies.

    What Due Process Means in Practice

    Due process in Kenya does not necessarily mean that every immigration matter requires a full court trial. It means that administrative decisions affecting a person’s rights should be made according to the law and applicable procedural safeguards.

    For a foreign national facing deportation in Kenya, this may include receiving appropriate notice, understanding the reasons for the immigration decision, having an opportunity to make representations where required, and accessing available legal remedies.

    The protections available will depend on the immigration status, legal basis for removal, and specific circumstances of each case.

    Sources & Further Reading

    • Kenya Citizenship and Immigration Act, 2011 — Section 43: Kenya Law

    https://new.kenyalaw.org/akn/ke/act/2011/12/eng@2011-09-09

    • Fair Administrative Action Act, 2015 — Section 4: Kenya Law

    https://kenyalaw.org/akn/ke/act/2015/4/eng@2022-12-31

    • Ahmed v Director of Immigration Services & Another [2023] KEHC 22374 (KLR): Kenya Law case decision

    https://kenyalaw.org/akn/ke/judgment/kehc/2023/22374/eng@2023-09-21

    • Limin v Director General Kenya Citizen and Foreign National’s Management Services & 3 Others [2025] KEHC 3429 (KLR): Kenya Law case decision

    https://kenyalaw.org/akn/ke/judgment/kehc/2025/3429/eng@2025-03-20

    • Jabbar v Immigration Officer in Charge Kenyatta International Airport & 3 Others [2023] KEHC 1041 (KLR): Kenya Law case decision

    https://kenyalaw.org/akn/ke/judgment/kehc/2023/1041/eng@2023-02-17

  • Can a Foreigner Work in Kenya? Understanding Kenya’s Work Permit System

    Can a Foreigner Work in Kenya? Understanding Kenya’s Work Permit System

    Kenya permits foreign nationals to work, conduct business, practise certain professions, and engage in other approved activities, but immigration authorization is generally required before a foreign national begins an activity that requires a permit or pass.

    The Kenya Citizenship and Immigration Act, 2011 provides the statutory framework for work and residence permits, while the Directorate of Immigration Services administers applications and the different permit categories.

    What Is a Work Permit in Kenya?

    A work permit is an immigration document issued by the Director of Immigration Services that enables a foreign national to undertake specified employment, business, professional, or other approved activities in Kenya.

    Kenya has several permit classes since the requirements differ depending on what the foreign national intends to do. The immigration framework covers activities ranging from employment and business to agriculture, manufacturing, professional practice, remote work and religious activities.

    Can a Foreigner Work in Kenya?

    Yes, but they must have immigration status that authorizes the intended employment or activity, unless a specific exemption applies.

    Section 45 of the Kenya Citizenship and Immigration Act requires an employer to obtain a work permit or pass conferring the right to employment before employing a foreign national. It also prohibits employing a foreign national whose status does not authorize employment or who works outside the terms or capacity permitted by that status.

    Kenyan immigration law further provides that a person who engages in employment, occupation, trade, business or a profession without the required authorization commits an offence, subject to applicable exemptions.

    What Are the Work Permit Classes in Kenya?

    Kenya’s immigration framework provides different permit classes depending on the activity a foreign national intends to undertake. The fees below are based on the Directorate of Immigration Services’ published service information and may be subject to change.

    • Class A – For a foreign national intending to engage in mineral prospecting or mining in Kenya, with the required licences, resources, and investment. The fee is KES 20,000 for processing and KES 500,000 per year for issuance; qualifying East African Community (EAC) nationals are exempt from the fees.
    • Class B – Applies to foreign nationals intending to engage in agriculture or animal husbandry and requires suitable land, sufficient resources and the necessary permissions. The applicable fee is KES 20,000 for processing and KES 250,000 per year for issuance.
    • Class C – For foreign nationals who belong to a prescribed profession and intend to practise that profession in Kenya, subject to the required qualifications and professional registration. The fee is KES 20,000 for processing and KES 250,000 per year for issuance.
    • Class D  – Applies to a foreign national offered specific employment by a specific employer where the applicant has skills or qualifications not available in Kenya and the employment will benefit Kenya. The fee is KES 20,000 for processing and KES 500,000 per year for issuance.
    • Class F – Covers foreign nationals intending to engage in specific manufacturing activities and requires the necessary licences, resources and approvals. The fee is KES 20,000 for processing and KES 250,000 per year for issuance.
    • Class G – Applies to foreign nationals intending to engage in a specific trade, business, consultancy or qualifying profession other than a prescribed profession. The fee is KES 20,000 for processing and KES 250,000 per year for issuance, and applicants must meet the relevant capital, licensing and business requirements.
    • Class I – Intended for qualifying foreign nationals engaged in approved religious activities, including certain missionary and worship-related activities. The fee is KES 5,000 for processing and KES 20,000 per year for issuance.
    • Class K – Applies to certain foreign nationals aged at least 35 who have an assured annual income of at least USD 24,000 from qualifying sources and who undertake not to work or engage in income-generating activity without the relevant permit. The fee is KES 20,000 for processing and KES 250,000 per year for issuance.
    • Class M – For persons who have been granted refugee status in Kenya and, in specified circumstances, their spouses who intend to work or engage in a specific occupation, business or profession. Processing and issuance are free of charge for this category.
    • Class N – For qualifying foreign nationals who work remotely from Kenya for a company registered outside Kenya or provide qualifying services to clients outside the country. The fee is USD 200 for processing and USD 1,000 per year for issuance, with applicants required to provide evidence such as recent income records and accommodation.
    • Class P – Covers qualifying staff of the United Nations, diplomatic missions, intergovernmental organizations and certain international non-governmental organizations. The issuance fee is USD 1,000 per year, although applicable diplomatic and organizational exemptions may apply.
    • Class Q – For qualifying professionals working for religious or charitable organizations who are not involved in preaching or conducting religious worship and rituals. The fee is KES 20,000 for processing and KES 100,000 per year for issuance.
    • Class R – For qualifying citizens of East African Community member states who intend to reside in Kenya and engage in employment, business, trade or a prescribed profession. No processing or issuance fee is charged for this category.

    Exemptions

    Kenyan immigration law also provides for certain persons or categories of persons to be exempt from obtaining a work permit where the Cabinet Secretary has granted an exemption through a Gazette notice. Whether an exemption applies depends on the person’s circumstances and the relevant legal provision.

    How Do You Apply for a Kenya Work Permit As a Foreigner?

    Applications for Kenyan work and residence permits are submitted online through the eFNS portal. Applicants create or access their Government of Kenya Single Sign-On account, select the relevant permit application, complete the required forms, upload supporting documents and make the applicable payment.

    Once the Directorate processes and issues an application, it instructs applicants to print the permit from the eFNS portal and present it to an immigration office for endorsement, where required.

    The documents required depend on the category. For example, a Class D application may require employer information, professional qualifications and details of a Kenyan understudy, while a Class G application requires evidence relating to the proposed business and available capital.

    Can You Start Working While Your Application Is Pending?

    A pending application should not automatically be treated as permission to work.

    Section 45 of the Kenya Citizenship and Immigration Act places the responsibility on the employer to obtain the work permit or pass that authorizes the foreign national’s employment before granting employment.

    The foreign national and employer should therefore establish whether the person’s existing immigration status already permits the proposed work rather than relying solely on the fact that an application has been submitted.

    What Should Employers Know About Hiring Foreign Nationals?

    Employers have specific obligations when hiring foreign nationals in Kenya.

    They must ensure that the person entered Kenya lawfully, has immigration status that authorizes employment and works within the terms and capacity permitted by that status. Employers must also apply for and obtain the relevant work permit or pass before granting employment.

    For certain categories, such as Class D, the application process also requires information about the employer, the position, the foreign national’s qualifications and a Kenyan understudy.

    NB: Immigration compliance should therefore be addressed before employment begins.

    What Happens If a Foreigner Works Without the Required Permit?

    Working or conducting business without the required immigration authorization can have legal consequences.

    The eFNS specifically states that engaging in business or employment without the requisite permit or pass is an offence. The Kenya Citizenship and Immigration Act also provides offences relating to unauthorized employment and employing foreign nationals whose status does not authorize employment.

    The consequences of a particular situation will depend on the person’s immigration status, the activity undertaken and the applicable provisions of Kenyan law.

    Sources & Further Reading