Understanding the Class K Work Permit in Kenya (Ordinary Resident Permit)

Live in Kenya without working. Learn Class K eligibility, documents, fees, taxes & renewals with WKA Advocates’ immigration experts. Apply via eFNS today.

By WKA Advocates – Kenya’s trusted experts in Immigration, Investment & Corporate Law

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Why Kenya? Lifestyle, Stability & Seamless Residency

Kenya is one of Africa’s most desirable destinations for expatriates, retirees, and high-net-worth individuals thanks to its stable economy, modern healthcare, scenic coastlines, and year-round climate. If you want to live in Kenya legally without working or running a business, the Class K Work Permit (Ordinary Resident Permit) is the right pathway.

• Permit issued by the Directorate of Immigration Services (DIS) under the Kenya Citizenship and Immigration Act, 2011.

• Online applications run via the Electronic Foreign Nationals Services (eFNS) Portal.

• Tax considerations handled with the Kenya Revenue Authority (KRA); company/property matters via the Business Registration Service (BRS).

WKA Advocates provides end-to-end support: eligibility checks, document preparation, eFNS submission, liaison with DIS, and renewals.

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What Is the Class K (Ordinary Resident) Work Permit?

The Class K Work Permit authorizes a foreign national to reside in Kenya as an ordinary resident without engaging in employment, trade, or consultancy. Commonly used by:

• Retirees with pensions/annuities,

• Individuals with independent foreign income (investments/dividends),

• Executives on foreign payroll who won’t work for a Kenyan entity.

Important: Class K does not allow you to work for a Kenyan employer or run a local business. If you plan to work, see Class D (Employment); for investing/operating a business, see Class G (Investor/Business) on the DIS site.

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Class K Eligibility Criteria (Ordinary Resident)

To qualify, applicants generally must show:

1. Age: 35+ years.

2. Independent Means: Assured annual income of ≥ USD 24,000 (or KES equivalent) from outside Kenya — e.g., pensions, annuities, dividends, rental income abroad, or foreign salary (not from a Kenyan entity).

3. No Local Employment: You will not engage in Kenyan employment, trade, or consultancy.

4. Good Character: Police clearance; not a prohibited immigrant.

5. Bona fide Residency Intent: Desire to reside long-term and contribute positively (tourism spend, philanthropy, community participation).

Always confirm current requirements on immigration.go.ke, as policy and fee schedules can be updated.

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Documents Required (What to Upload on eFNS)

Prepare a complete, consistent file to avoid delays:

• Form 25 (Work Permit Application) via eFNS

• Cover letter to the Director-General, DIS: purpose of residence, income source, duration

• Passport (bio-data page + current entry stamp/visa)

• Two recent passport-size photos (color)

• Proof of income (not from Kenya):

  • Pension/annuity statements

  • Bank statements (last 6–12 months)

  • Investment returns, fixed deposit certificates, foreign payroll slips, remittance records

• Police Clearance Certificate from home/last residence

• Medical report (if requested)

• Proof of residence in Kenya (lease/tenancy, hotel/serviced apartment booking)

• Processing fee receipt; permit issuance fee after approval

WKA Advocates compiles, verifies, notarizes (where needed), and formats all exhibits to DIS standards to minimize objections and speed up approvals.

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Step-by-Step: How to Apply for a Class K Permit

1) Consultation & Eligibility Review

We assess age, income sources, banking history, and intended stay to confirm Class K suitability (vs. Class D/G/N). We also advise on tax residency implications.

2) Dossier Preparation

We draft your cover letter, assemble proof of foreign income, and ensure all supporting documents align with Kenya Immigration Regulations, 2012 formatting requirements.

3) eFNS Account & Digital Filing

We create/maintain your eFNS profile, complete Form 25, upload documents, and pay the KES 20,000 processing fee (amount subject to official schedule).

4) Case Handling & Liaison

The Directorate of Immigration Services reviews authenticity and sufficiency of income. We respond to queries, add clarifications, and monitor your file to avoid inactivity.

5) Approval, Fees & Endorsement

Upon approval, you pay the permit issuance fee (commonly around KES 250,000 per year, subject to official tariff). We coordinate passport endorsement and Foreign National Certificate (Alien Card) enrollment.

6) Post-Approval Compliance & Renewals

Class K is issued for 1–2 years. Renew ≥60–90 days before expiry with updated proof of income and residence. We provide reminders, prepare renewal files, and submit on eFNS.

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Tax, Residency & Legal Considerations (KRA)

Even without Kenyan employment, you may become a Kenyan tax resident if present ≥ 183 days in a 12-month period (see KRA guidance). WKA Advocates helps you:

• Determine tax residency status and whether to register for a KRA PIN,

• Use Double Taxation Agreements (DTAs) to avoid double tax on foreign income,

• Comply with property ownership rules and stamp duty/VAT where applicable,

• Align immigration status with cross-border tax planning.

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Common Pitfalls (and How We Prevent Them)

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Benefits of the Class K (Ordinary Resident) Permit

• Legal long-term residence in Kenya without employment

• Freedom to manage foreign pensions and investments from Kenya

• Dependent Passes for spouse and children via eFNS

• Access to healthcare (NHIF/private), leisure travel, and coastal living

• Pathway to Permanent Residence/Citizenship after 7 years of lawful stay (subject to Immigration Act criteria)

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How WKA Advocates Helps (Full Service)

• Eligibility & strategy: Age/income verification, permit class selection

• Document engineering: Evidence curation, legal drafting, notarization

• Filing & liaison: eFNS application, fee payments, officer follow-ups

• Tax & compliance: KRA residency, DTAs, property advisory

• Lifecycle support: Renewals, Dependent Passes, Permanent Residence transition

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Frequently Asked Questions (FAQs)

1) Who qualifies for Class K?
Foreign nationals 35+ with a guaranteed foreign income ≥ USD 24,000/year, not seeking Kenyan employment or business activity. See DIS.

2) How long does processing take?
Typically 2–4 months from complete filing; can vary with verification queues.

3) Can I own property in Kenya on Class K?
Yes. Leasehold up to 99 years is common. Property ownership alone is not “local employment”.

4) Will I be taxed in Kenya?
If you meet the 183-day rule, you may be tax-resident. We advise on KRA compliance and DTAs.

5) Can I work remotely for a foreign employer?
If your income is fully foreign-sourced and you do not work for a Kenyan entity, discuss with us whether Class K remains suitable or Class N (remote/digital nomad) is better.

6) Can my dependents join me?
Yes. We process Dependent Passes (spouse/children) via eFNS.

7) What if I start a business in Kenya later?
You must apply for the appropriate class (e.g., Class G) before commencing any trade or consultancy.

8) Can I get Permanent Residence/Citizenship?
After 7 years of continuous lawful residence, you may apply for Permanent Residence or Citizenship (subject to eligibility).