By Salama Mariam
You can access RLRH’s step-by-step guide to apply for a Class M Work Permit here.
Introduction
Imagine this. You landed a job. As a refugee, this means stability, a steady income, and the ability to support yourself and your family. But there is a catch: your employer tells you that you need a specific refugee work permit to be legally employed. First, you do not know how to apply for it. Second, you do not know how long the process will take. To make matters worse, your employer gives you a one-month deadline to get it. Your future job is at stake! Filled with hope and determination, you apply for it without news after weeks and months. Eventually, you lose the opportunity since the employer couldn’t wait any longer.
Many refugees seeking formal employment in Kenya face this reality and significant challenges when applying for the Class M work permit. According to a report by Refugees International, the approval rate for these permits is extremely low. A refugee-led organisation (RLO) they consulted shared that only one out of 86 applicants received approval. The roadblocks are endless: challenging requirements, complicated instructions, and a process that is anything but straightforward.
The Class M work permit, as per Kenyan law, allows refugees to be employed or engage in formal occupations. This permit provides access to better-paying jobs, safer working conditions, and the dignity of supporting one’s family legally. Many have attempted to acquire this permit, but only a few have succeeded.In this blog, I will share my personal experience applying for the permit, the four key challenges I faced, and how I navigated them. My goal is to help fellow refugees who find themselves in the same position. Alongside this blog, I have developed a comprehensive step-by-step application guide with the support of my organisation, the Refugee-Led Research Hub (RLRH), offering practical advice for individuals applying independently and also for those applying through an organisation or employer. You can find it here.
First hurdle: unclear guidance
When I first applied for my Class M work permit in 2023, I was optimistic. According to the Kenyan Immigration website, the application process was supposed to be simple and done online through the Kenya Foreign National Service Portal (eFNS). However, once I logged in, I quickly realised I may need additional guidance and the process would take a long time.
The immigration website lists five documents as requirements: 1) a filled application known as Form 25, 2) a cover letter from the employer, 3) a passport size photo, 4) a valid refugee certificate, and 5) a recognition letter from the Department of Refugee Affairs. By the end of the process, I had submitted more than ten additional documents.
After submitting the application form, the ‘Form 25’, I was not given clear instructions on what to do next, how long to wait for feedback, or what to expect. This lack of clarity left me unsure whether I had submitted everything correctly.
Many refugee applicants for Class M permits face this same uncertainty. Their job opportunities depend on how quickly the permit is processed, yet the limited instructions on the official platform make it difficult to move forward. The information on the immigration website is limited and could benefit from greater clarity.
Second hurdle: timeliness for feedback
After submitting my application online, I expected feedback within a few weeks. Since I had provided all the documents listed, I was confident of the outcome. But weeks passed without a response. As the silence stretched into months, I began to worry. I kept thinking, “No news means bad news.”
Eventually, I visited the Nyayo House Immigration Offices in Nairobi. That’s when I realised how slow and unpredictable the process truly was. Over three months, I made numerous visits to Nyayo House to get updates on my application.
At one point, about two months in, I finally received a notification requesting additional documents—documents that were never listed on the website. These included a certificate of incorporation from my employer and a clearance certificate from the NGO board. With each visit to the immigration office, I was asked for additional documents. The process felt endless and increasingly discouraging.
This back-and-forth, without timely communication, is discouraging. The lack of updates significantly prolongs the process that could have otherwise taken much less time, making it even harder for refugees to secure employment.
Third hurdle: unattainable documents
Without proper support from the employer, some of the requested documents are simply impossible to acquire. For example, one of the essential documents I was asked to provide was an employer recommendation letter or a contract, along with a Kenya Revenue Authority (KRA) compliance certificate from the organisation that was endorsing my application.
But here is the problem: many refugees do not yet have an official employment contract when applying for the work permit. How can someone who is not employed yet obtain these documents? For an employer to give a contract or a recommendation, you need to have a work permit. This creates a catch-22 paradox where refugees are required to have a job first to get a work permit, but they need a work permit first to get a job. Some of these requirements might be better requested after the permit is approved, especially for applicants who are still in the process of securing employment. In my case, I was fortunate to work with an employer who was willing to provide the necessary documents. However, for many others, this may not be an option.
Fourth hurdle: limited access to immigration offices
While refugees in Nairobi may be able to visit the Nyayo House offices in person to follow up on their applications, this is not the case for refugees living in other regions of Kenya.
The centralisation of immigration services in Nairobi creates an additional barrier. Refugees in areas such as Mombasa, Nakuru, Eldoret, Turkana, and Garissa are left with no choice but to rely on long distance follow-ups or risk missing out on the opportunity to complete their applications. Establishing immigration offices in refugee populated regions, or making the process more accessible for individuals applying at a distance, would greatly reduce the burden and make the process more equal for all refugees, regardless of where they live.
I was fortunate to be in Nairobi. Even still, travelling to Nyayo House regularly, including instances where I was told I needed to return later, required time, money, and resources that a majority of us do not have in abundance.
Recommendations
While the process of obtaining a Class M work permit is undeniably difficult, I was grateful to eventually receive my permit after six months of persistence. However, many people, especially those without employer support, will not be able to navigate this complex system.
For more refugees to gain access to this vital work permit, the government should consider:
- Providing clearer guidance. The Kenya Immigration Services website needs to offer more detailed instructions for the application process.
- Revising required documents. The government must reconsider the need for employment-related documents, since they are often unattainable for refugees who are seeking work permits but are yet to be employed.
- Expanding geographical access. Immigration offices should be opened in refugee-populated regions to reduce the travel burden on refugees living outside Nairobi. In the absence of this, remote or simplified processing should be made possible.
Class M application guide for refugees
After my experience with the work permit application process, I helped five others successfully obtain their Class M work permits as well. Together, we documented every step, requirement, and challenges we faced. We created a guide outlining the process in detail. The instructions also include additional guidance to apply for a Kenya Revenue Authority (KRA) PIN certificate and an Alien ID card, both of which are required to apply for a Class M work permit.
This guide is a live document that will be updated as the process evolves and new changes are noted, ensuring it stays relevant for applicants in the future who might want to use it. You can find this guide online here, relevant to any refugee living in Kenya, for use from start to finish of your work permit application journey.
While this guide attempts to anticipate as many challenges as possible, it is important to keep in mind that everyone’s experience with the Class M work permit process will be different. Much will depend on factors such as the type of employment, the organisation supporting your application, the documents you will provide, and timing. There is no clear-cut or guaranteed path.
Conclusion: a call to action
The Class M work permit is an important document that opens up opportunities for refugees in Kenya, but the current application process involves challenges that make it difficult to navigate successfully. By addressing issues such as unclear guidance, unattainable documentation, delayed feedback, and limited access to immigration services, the government can make the work permit process more accessible to all refugees.
Improvements to the system would go a long way in making the process accessible, fair, and functional for all refugees seeking legal work in Kenya.
