What sort of visa would I need?
Last activity 18 June 2018 by neelkhimasia
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Hi,
I'm planning to migrate to Mombasa towards the end of this year. I have been working for myself for the last 16 years - all my work is contract work which I do over the internet (cloud computing related) for the US/UK market.
My plan is to get a 6 month tourist visa and then re-enter Kenya every 6 months to renew it. I want to live in Kenya a few years, at least.
Is this feasible? Will a tourist visa work? I will not be paid by a Kenyan so I don't require a work visa, do I?
There are three types of visa, single trip, multi-trip and transit, there isn't a tourist visa as such. A single trip visa can cover both tourism and business trips and is valid for a stay of up to 3 months, you can then go to the Foreigner Section of the Immigration Department and get an extension for up to another the months, when this expires you have to leave Kenya for a reasonable period the length of which is up to the discretion of the individual Immigration Officer but it's more than a couple of days (some people used to fly to Dar es Salaam, then fly back the next day). You can't visit one of the neighbouring Eat African Community countries for this purpose, you have to leave the EAC. You can restart the process when you return, though if you do it several times, you may get an Immigration Officer who decides that you are abusing the system and will only grant a short visa while instructing you to apply for residence.
You can't carry out any work in Kenya, paid or unpaid on a visa, though as your work is technically outside Kenya ,(ie you are not doing work a Kenyan might otherwise do) and the payment for it comes from outside Kenya you should be ok on that score
There are lots of expats residing in Kenya on single entry visas, which they renew after three months - as per the above advice. Others that spend the Northern Hemisphere winters in Kenya. Note also that the multi-entry visa also permits a maximum stay of three months, before you have to apply for en extension. Its quite a hassle getting permits to reside in Kenya.
I agree that there have been some issues with immigration officers suspecting that people leaving Kenya and returning within 24/48hrs are simply doing this to renew their visa - your entry to the country and length of stay is at the discretion of the immigration officer!
Also bear in mind that you cannot obtain documents such as a PIN (tax certificate) and driving licence until you are issued with an ID. The ID is applied for once you go to immigration to extend your 3 month visa. The ID card often takes a further 2 - 3 months to be issued. You could use in international driving licence, but without a PIN, you cannot buy vehicles, or property for example.
Thanks for the information, you two.
Doffcocker, that bit about leaving EAC to renew your visa is something I didn't know. I thought I could just go to Tanzania and re-enter.
And Longonot62, that bit about the PIN is also good information.
Ok, so it is possible I can live there without residence but there might also be a problem there. How can I verify this information? Do you think I should contact an immigration lawyer in Kenya to figure this out? How does it work over there?
I second the information from Doffcocker. You must leave the East African Community to renew a visa - some go to Addis Ababa, Ethiopia, but I think that the days of simply crossing the border and coming straight back, to renew a visa are largely over. immigration have become progressively more strict over the last few years.
As far as living here without residence is concerned, things are quite awkward until you have your ID. But this is also true for anyone coming from another country, to live in Kenya, no matter the type of permit/visa. The majority of government services are online and to access them, you must have an ID. The problem is the length of time that the government takes to issue the ID cards. Otherwise you can manage here relatively comfortably on single entry visas.
A further thought; if you live here on single entry visas you will have to repeatedly apply for ID cards, though I think that the ID number remains the same (not entirely sure though)
Yeah, going north of Kenya is not a good idea eh? Thanks to all the terrorism up there.
I doubt I will need an ID though. I don't plan to drive there for a while, at least. I'll need a phone connection and a really good internet connection at home but I'm sure that doesn't require an ID.
All I'll be doing is working a few hours a day, maybe at home or a nice public spot with good internet and hang out at home at night or go to a restaurant to eat. I'll do a few safaris during the season, maybe explore the local culture once in a while. I'll probably take a cab (from what I've read, driving isn't safe unless you know your way around).
So, that should be good without an ID. But if I do want to stay permanently, I will apply for residency as you guys suggested.
I'm wondering though if I should contact an immigration lawyer to figure this out when I go to Kenya this May for 2 weeks. Any thoughts on that?
There is no need for an Immigration lawyer, it would be a waste of money, (if they even exist here, I've never heard of specialist Immigration lawyers, the only time you might need one is of you were in dispute with the Immigration Department and that is only likely to occur in a residence or citizenship situation and even then I've never heard of specialist immigration lawyers being involved). Unless you are in dispute a lawyer would add no value.
The options are straightforward:
a single trip visa, with a three months extension, leave for two or three weeks and repeat, I know people who have done this without problem for three or four years;
or residence in the form of Class K.
"Residence permit issued to persons who have an assured income derived from sources outside and undertakes not to accept paid employment of any kind.
Class K Requirements.
◦Documentary proof of assured income is required for Class K.
◦Processing Fee Kshs.10,000 non-refundable.
◦Fee is Kshs. 100,000/= per year or part thereof. "
More info here http://www.immigration.go.ke/Information.html
There are people, especially here at the Coast, who stay here without residency and the Foreigner Certificate, (the iD card) and don't have PINs, etc some own a house and / or car but they have to be in their Kenyan girlfriend / boyfriend or wife / husband's name and as a result things often end badly for them.
If you want to try living here why not come, get a visa then extend it, the six months will give you plenty of time to find out if you want to stay and how things work, and whether you need anything that requires an ID number or a PIN, etc. Personally I think if you are going to live in a country you should abide by its laws and rules, I try and do everything by the book (which often isn't easy in Kenya, it would sometimes be easier not to) but there are expats who bend the rules or live outside them and they are fine until something goes wrong or they have a problem. As long as you took a holiday for 2 or 3 weeks every 6 months you should be ok coming and going for a couple of years at least before you were unlucky to join the wrong queue at the airport and find a zealous immigration Officer who might think you should be applying for residence, and that surely would be enough time for you to decide if you want to stay here long term, and if you do that you might want to integrate more fully and to do that you would need the things that come with residence.
That's pretty interesting...so with a Class K residency, I just have to pay KSH 100,000 + KSH 10,000 per year and show them my client contracts, I guess. That's not too bad. Thanks for that information and the link!
No, you're right, it's much better to live within the rules. Less complications that way. Although, as you've said, from what I've understood, there's a lot of bribery going on there...but in terms of immigration, I agree.
<<Class K Requirements.
◦Documentary proof of assured income is required for Class K.
◦Processing Fee Kshs.10,000 non-refundable.
◦Fee is Kshs. 100,000/= per year or part thereof. ">>
Add to that a sizeable bribe, which is not infrequently required - and I am not being cynical.
I have a Class K. Its issued for 2 years, so you will be asked for Ksh 200,000 which is payable only once the permit has been approved. The Ksh 10,000 is paid at the time of submitting the application. I would advise you to steer clear of showing work contracts at all, as Kenyan bureaucrats might try to say you are working. Bank statements showing a regular income from outside Kenya is fine. It should be equivalent of $25,000 per annum, or more.
On the whole, I agree with the comments from Doffcocker - live here for 3 to 6 months on a single entry visa. See if you like it. Incidentally, if you apply for a visa extension in Nairobi, you cannot do this without also applying for a foreigners certificate, which in turn will allow you to apply for a PIN etc.
Doffcocker; in Nairobi there are several immigration lawyers. The advantage in using them is that they know the immigration staff and processes well and can greatly smooth the progress of your application, particularly when the staff processing your application ask for a bribe. I doubt that I would have been able to manage my Class K application without assistance.
Hi housniy,
Did you ever make the move, and if so did you get the class K visa.
How was the process; as I'm considering doing the same.
Thanks in advance.
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