Since the beginning of March 2024, the Ministry of Interior and National Administration effected the new  immigration revised rates as had been published via a gazette notice Vol.CXXV-No.241 dated 1th November 2023. Per the immigration department, the new rates reflect the prevailing economic state as the repealed rates came into effect years ago, and are not in tandem with the rates charged by some of the progressive countries with stringent immigration policies.

Revised Rates

The new rates have since then been actualized on the immigration system where:

  • Work permit (Class D) issuance fee has been revised to Kshs.500,000/-per year from the previous Kshs.200,000/- per year.
  • Investors revised rates will now pay Kshs.250,000/- Class G permits per year, while previously they paid Kshs.100,000/-.
  • The same rates will apply to Class B (Agriculture and Husbandry); Class C(Prescribed Professions); Class F(Specific Manufacturing); and Class K (Ordinary Residents).

The only rates that remain unchanged are those applicable to approved religious and charitable activities:

  • Class G) which remain at Kshs.50,000/-, and refugees (Class M) that will continue to be issued gratis.
  • The permit application fee has been revised upwards by Kshs.10,000/- to Kshs.20,000/-
  • While that of the Class I permits has been increased from Kshs.1,000/- to Kshs. 5,000/-.

Foreigners applying for a special pass valid for 3 months will now pay $600 issuance fees. This is a departure from the previous charge of Kshs.45,000/-. The immigration system has already been configured to invoice for this fee in US Dollars. Foreigner Certificates, commonly known as alien cards application fee has also seen revised rates upwards to Kshs.5,000/-. This fee is yet to be implemented on the system, and is therefore among the changes that are expected to be seen in the coming days. Likewise, re-entry passes issued to dependants of permit holders will now be charged Kshs.5,000/- from the previous Kshs.1,000/- per year.

New Services and Charges

Besides the revised government fees, new elements have also been introduced to immigration practice to presumably make the management of foreign nationals more efficient and also increase the government revenue base. For example, there has been introduced an express work permit service at a charge of $10,000/-. The Immigration portal is yet to implement this feature but the changes are still expected to be implemented. There is also the introduction of Kshs.50,000/- cancellation fee for work permits, which service was not previously charged. Again, there is introduced a charge for failure to apply for an Alien Card and also for replacement of a lost Alien Card at Kshs.2,000/-

eTA versus VISA system

Alongside the services offered under the eFNS section, the visa section has also undergone significant changes, starting with the replacement of the visa system with the electronic travel authorization (eTA). All foreigners traveling into the country, including those who were visa exempt, are now required to register and obtain authorization to travel into the country through the eTA system. Those liable to pay for an eTA will be charged a fee of $30. Departing from the multiple visa system, travellers will be required to apply for an eTA each time they leave and re-enter the country and therefore it is advisable for travellers to allow enough time between exit and re-entry to cater for the approval of their re-entry applications. This is one of the aspects that immigration ought to look at going forward in support of visitors travelling to Kenya multiple times and within a short itinerary.

An application for an eTA differs significantly from the visa application system in that once you upload a passport onto the eTA system, most of the details are extracted automatically, making the process less cumbersome. However, one is required to already have the flight details for both the inward and the outward travel and the hotel reservations before they can complete the eTA application. Overstaying a visit will cost $100 while an extension of a visa will cost $200. This was not previously charged. The East Africa eTA is available for those traveling to Uganda, Kenya and Rwanda. It should be noted that this eTA can only be used within the reciprocating East Africa states, and if a visitor leaves to a non-reciprocating state, then they will need to apply for an eTA to come back to Kenya.

Conclusion

The current changes at immigration are seen as overdue in terms of revenue collection targets for the government. However, they also introduce some steep charges that may prove a challenge to expatriates especially with respect to Class D work permits held by high skilled employees. Revenue collection and attracting foreign investors and skilled labour into the country seems to be a delicate balance at the moment, but we wait to see how this plays out in the long run as Kenya has been a preferred business destination for international organizations ,that have continued to set up Africa Representative Offices in Nairobi.

Mbula Mulu is a Senior Partner and a Commercial & immigration lawyer at Mulu & Abuja Advocates