Immigration sting operations ensnare foreign business visitors

19 Feb 14

KENYA

IMPACT – MEDIUM

What is the change? The Kenyan Department of Immigration Services is conducting sting operations nationwide in search of employees and business travelers who are in violation of immigration laws.

What does the change mean? Employers and foreign workers must be in compliance with work authorization and work permit rules. Business travelers must not exceed the scope of the activities allowed on business visas. Foreign nationals risk arrest and confiscation of their passports.

Implementation timeframe: Immediate.
Visas/permits affected: Work permits, special passes, business visas.
Who is affected: Foreign nationals in the above categories.
Impact on processing times: None.
Business impact: None.
Next steps: Employers and foreign nationals are advised to have their documentation available for inspection.

Background: In a countrywide sting campaign, the Department of Immigration Services (DIS) is targeting all entities that employ foreign workers. In particular, it is rooting out those who are working without authorization in the form of a work permit or special pass, those whose authorization has expired, and visitors who are performing work activities in violation of a visitor/tourist or business visa.

The DIS has reportedly confiscated passports from a large number of foreigners. Several arrests have also been made.

BAL Analysis: Employers and their foreign employees should have documentation available for inspection. Business travelers are reminded that a business visa does not permit work activities, and that they must have a copy of an invitation letter issued by a company for suitable activities, such as visiting a worksite or attending a meeting or conference.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL representative.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.