The Digital Nomad Work Visa
On 2nd October 2024, President William Ruto officially announced the launch of the Digital Nomad Work Visa (“Visa”), aimed at attracting high-earning global professionals, while providing them with the opportunity to experience Kenya’s rich natural beauty, people and culture. With the establishment of the Class N Digital Nomad Visa via Legal Notice Number 155 under our Citizenship and Immigration Regulations of 2012, remote workers no longer require tourist visas and can obtain a visa that grants them permission to operate remotely while living outside their country of permanent residency.
In an effort to grow our economy by encouraging increased spending on tourism, housing and local services, Kenya joins a short list of African nations that have recently introduced this type of visa, including Mauritius, Namibia and Seychelles. Over 50 countries across the globe, primarily in Central America and Europe, offer similar visas. This signals a growing trend towards accommodating flexible remote working.
What is the Digital Nomad Visa?
The Digital Nomad Visa is designed for individuals who can work independently of their location, including employees, freelancers, and business owners. The Visa allows these individuals—and in some cases, their family members—to reside in Kenya while maintaining employment or running businesses that are based outside of the country. This is an ideal option for professionals who seek to live abroad without giving up their employment or business activities in their home country.
Holders of this Visa will retain their foreign citizenship and may live and work in Kenya without needing to secure local employment. The Visa will also allow eligible remote workers to reside temporarily in Kenya and could potentially open the door for long-term residency and, eventually, citizenship.
Eligibility Criteria
To qualify for the Visa, applicants must meet the following requirements:
- Possess a valid passport;
- Provide evidence that they are working remotely for an employer, clients, or businesses established outside Kenya. This proof may be in the form of an employment contract, ownership of a foreign company, or a freelancer’s business contract with a client;
- Illustrate an annual income of at least $55,000 generated from sources outside of Kenya. We expect this amount to be clarified in the official gazette notice;
- Proof of accommodation arrangements in Kenya during the applicants stay; and
- Provide a police clearance certificate or equivalent document proving the applicant has a clean criminal record in their country of habitual residence.
Key Restrictions
One of the distinguishing features of the Visa is its strict limitation on engaging in local employment. Visa holders are prohibited from accepting employment, whether paid or unpaid, from companies or employers based in Kenya. This restriction ensures that the Visa is reserved solely for those whose income is derived from sources outside of Kenya. Any individual found to be engaging in employment or income-generating activities within Kenya would be ineligible. This will allow Kenya to build its economy and tourism industry while safeguarding competition in the local job market.
While the President has launched this new Visa class, the Government is yet to provide clarification on the following:
- The validity period of the Visa;
- The application process and timeline;
- Rules regarding dependants; and
- Income tax considerations for Visa holders.
We expect the Government to publish an official notice in the Kenya Gazette that will provide for the above along with any additional information on how to obtain the Visa. This will also clarify the tax treatment of the foreign national’s income in Kenya. Currently Kenya’s Income Tax Act (Cap. 470) provides that foreigners become tax residents if they remain in Kenya for an aggregate period of 183 days in a year.
Comparative Analysis: Mauritius and Estonia’s Digital Nomad Visa
Estonia
In August 2020, Estonia became the first country to launch a digital nomad visa. The country offers both short-stay (up to 6 months) and long-stay (up to 1 year) Visas, which are available to remote workers with any nationality. Remote workers that wish to live in this country have two options. They can get a short-stay visa that is valid for 6 months or a long-stay visa that is valid for 1 year. Any person from any nationality can apply.
Some eligibility requirements are similar to the proposed Kenyan framework. For example, applicants must demonstrate proof of accommodation, proof that they can work remotely regardless of their location, and evidence of a clean criminal record. The other factors that will be considered are proof of sufficient funds through a bank statement from the last 6 months, valid health insurance of at least € 30,000 that covers the entire Schengen area and relevant academic certificates.
It is not possible to extend the visa, but a remote worker can apply for another visa while they are still in Estonia. If they apply for another digital nomad visa, they can only remain in Estonia for an additional 6-month period.
The Estonian framework also caters for dependants by allowing spouses and minor children to be included in the application. Adult children that are unable to cater for themselves due to a medical condition are also included as dependants.
A major difference in the visa restrictions between Kenya and Estonia is the latter allows visa holders to work for Estonian businesses or clients so long as their primary income is generated from outside of the country. Additionally, the threshold for the minimum income requirement is slightly higher since an applicant must illustrate that they receive at least € 4,500 per month. Digital nomads that reside in Estonia for more than 183 days are subject to a flat tax rate of 20%.
Mauritius
Mauritius introduced the Premium Visa, their version of the digital nomad visa in 2020. This visa targets professionals, retirees, travellers and their dependants who wish to live in the country for a term of 1 year (renewable for a further year). It offers a more attractive alternative to short-stay tourist visas. Only foreign nationals from an eligible country can apply directly. Others have the option of applying for a tourist visa, then submitting an application for the Premium Visa while they are in Mauritius.
Applicants must show evidence of remote work, health insurance, proof of accommodation, and travel itinerary (including a return flight ticket). Similarly, to Kenya’s proposed criteria, an applicant must not have any desire to participate in the local job market. However, the minimum requirement for sufficient funds is much less than in Kenya and Estonia, with applicants having to demonstrate that they receive a monthly income of at least $1,500. Additionally, the application process is online, it’s free and decisions on applications should take 48 hours. After digital nomads stay for a period that exceeds 183 days, they are subject to tax which is set at 15%.
Conclusion
Kenya’s Immigration Department has not yet updated its electronic foreign national services (eFNS) portal to facilitate applications for this Visa category. We anticipate that the Department will soon issue additional guidance, including a more detailed list of documentation and procedural requirements for applicants. Our team is closely monitoring these developments and will continue to provide updates and advice as the process evolves.
For further assistance or information, please contact Jillian Ndirangu, Kabu Karanja or Jessica Obimbo.