A consultant is needed on site next month. An employee’s permit renewal is still processing. A specialist technician is required for two weeks. In each of these situations, the question is the same: what is the lawful, short-term way to bridge the gap?
What is a special pass in Kenya?
A special pass is a short-term authorisation issued by the Department of Immigration Services within the framework of the Kenya Citizenship and Immigration Act 2011. It allows a foreign national to be in Kenya for a defined, limited purpose, commonly pending the outcome of a main permit application, or for a short engagement that does not justify a full permit. It is not a substitute for a permit where a permit is required, and it is endorsed in the passport for the period allowed.
When is a special pass appropriate?
- bridging the gap while a work permit application is being processed;
- short-term assignments, installations or consultations measured in weeks or months;
- dependants or visitors awaiting a decision on another application.
How do you apply for a special pass?
Applications are made online, ordinarily by the host company or the individual, supported by a covering letter explaining the purpose and duration of the stay, the visitor’s passport, and documents connected to the underlying matter, an employment contract, an appointment letter, or evidence of a pending application. Fees are prescribed and published by the Department at https://immigration.go.ke/. Processing is usually quicker than for main permits, but times still vary, so travel should not be booked against an assumption.
What limits should employers respect?
A special pass is time-bound and purpose-bound. It does not convert into a right to work indefinitely, and it ends when the stated period or purpose ends. Employers who rely on successive passes where a permit is plainly needed risk findings of non-compliance, for the company and for the individual. Where an engagement is genuinely short, plan the dates carefully; where it is not, start the permit process instead.
Used properly, a special pass keeps a project moving without cutting corners. CS Advocates LLP advises employers and individuals on when a pass, as opposed to a permit, is the right instrument, and on the steps that should follow it; see our practice areas and read more about the firm.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.