Close Family Members of Embassy Employees Free to Work in the US and Kenya

On 2 August 2021, Kenya and the US signed the “Agreement between the Governments of the United States of America and the Republic of Kenya on the Employment of Dependents of Official Employees” to allow for the issuance of work permits to the dependents of Kenyan and US diplomatic staff by Kenya and the US.

While Kenya’s immigration laws allow the presence, employment, and status of foreigners in Kenya, their provisions do not apply to diplomats, consuls, diplomatic and consular staff, mission staff, or their dependents. Provisions relating to the status of such persons are in the Kenyan Privileges and Immunities Act.

Additionally, both Kenyan immigration laws and diplomatic laws are silent on the eligibility of the dependents of this class of foreigners (that is, diplomats, consuls, diplomatic and consular staff, and mission staff) for employment in the receiving state.

The new Agreement is a big deal since it will allow for the issuance of work permits to the dependents of Kenyan and US diplomatic staff by Kenya and the US governments. The Agreement is subject to renewal or variation after 5 years (https://www.businessdailyafrica.com/bd/economy/diplomat-s-families-eligible-for-jobs-in-new-kenya-us-deal-3884008).

The Agreement states in part that:

“Dependents of the official employees of the government of the Republic of Kenya assigned to official duty in the territory of the United States of America and dependents of the official employees of the government of the United States of America assigned to official duty in the territory of the Republic of Kenya are authorised to be employed in the territory of the receiving state after obtaining the appropriate authorisation in accordance with the provisions of this agreement.”

Under the Agreement, individuals who are immediate family members of Kenyan and US diplomatic staff assigned to diplomatic missions in Kenya and the US can take up employment in the receiving country.

In Kenya, the authorization required is to be obtained from the Ministry of Foreign Affairs after a request is made through the US Embassy. Once the authorization has been obtained, the dependent can approach the Immigration Department for a work permit.

For this class of person, however, the following special privileges and restrictions govern the process for this class of person:

1. There is no restriction as to the kind of employment a dependent may take;
2. Evidence of an offer of employment in the receiving state is not a pre-requisite;
3. The employer is not required to demonstrate that no national of the receiving state is available for such employment;
4. The number of work permits issued by either party to the dependents of official employees shall be limited to no more than 50 at any given time.

Depending on the administrative arrangements of the receiving state, the issuance of the permit might not follow the ordinary procedure and might instead be obtained through diplomatic channels.

We will continue to keep you updated on any further developments regarding this matter, as well as any developments in Kenyan immigration law generally.

In the event of any immigration queries, do not hesitate to contact us.