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Kenyan Class H Work Permit

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duder75

With this permit can the Foreign company owner \ share holder be a employee of the company also?

hence work and pay taxes in Kenya within the confines of the registered business?

Hoping that's the point of this one but wanted to check.

I would like to start an IT consultancy. As well as own the company I would be a lead consultant, employing Kenyans too

mwaniki fraciah

Hi Duder75,
Your question is not well placed or framed, but for the sake of clarification this permit (H) was abolished and in place class G is now applied for for investors.
If you register a company or business in Kenya as an investor you can work in it as an investor as opposed to its employee which will require you to pay more for the permit.

duder75

Thank you for your reply.

Do I need a class G as an investor and a class A to work as an employee? Or just Class A in this scenario?

I see that getting an investment certificate allows a number of Class G and Class A permits. I this route absolutely required though? I can fulfil the investment cert requirements but I'm curious if I am over complicating it. My investment would be in setting up the business and expenses etc, but not land investment etc

Thanks

mwaniki fraciah

I think you are reading the old immigration Act kindly check the new one of 2012. As an investor (IT) as you have stated it you can apply for class G permit which you will pay 100,000 Kenya shillings for  a one year permit( excluding the processing fees of Kshs 10,000)
though expensive than class G you can apply for class D in which you will be presumed to be an employee of your own company and will pay Kshs 200,000 for the permit.

Note however that will the strict guidelines in Kenya about employing foreigners you are more safe to apply for class G

Longonot62

Mwaniki fraciah;  Isnt it also true that for the Class D application, the employer must evidence that they have attempted (and failed) to recruit locally and that there is a Kenyan 'understudy' who will be trained to do the job.  Therefore, taking the scenario presented above, the Class D Permit not only wouldn't be the best option, it wouldn't be an option at all.

Its my understanding that one person cannot hold two different work permits at the same time.

Duder;  I assume that as the owner of the company, you would pay yourself a salary once the company begins to make money?  Indeed, to renew the Class G Permit, after 2 years you have to submit accounts to evidence that the business is viable.

mwaniki fraciah

Longonot,
i have clients who own businesses and still apply for class D as employees of the company, Yes you have to prove that there is no Kenyan with the same qualification. On this you provide the CV and certificates of the understudy you are training to take your position after training them. so in as much as it is possible it is the reason i said it is possible but not a viable option as the procedure becomes more complex and is more expensive, it is however not impossible

Longonot62

I would also say that renewing a Class D permit under these circumstances would be extremely difficult, as after a 2 year period, a Kenyan understudy should have had adequate training to do the job and replace the applicant.

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