Work Permit For Foreign Workers In Public Benefit Organisations (pbos), Formally Known As Ngos

Recently, the Government published Legal Notice No. 78, which put the Public Benefit Organisation (PBO) Act into effect. As a result, all current Non-Governmental Organisations (NGOs) registered under the Non-Governmental Organisations Coordination Act will automatically be recognized as PBOs. However, they have about one (1) year to register as PBOs officially; otherwise, they will lose their registration status. This change also impacts foreign workers with work/residence permits working for these NGOs, now classified as PBOs. This article will explore the work permits relevant to individuals working for these organisations and how the new PBO Act affects them.

What work permits do foreigners need for Public Benefit Organisations (PBOs)?

Individuals working for Public Benefit Organisations (PBOs), previously known as NGOs, typically receive a Class I work permit. This is primarily due to their engagement in voluntary activities and charitable initiatives aimed at benefiting the community in Kenya. However, it is crucial to note that only foreign applicants involved in voluntary and non-profit endeavours are eligible for a Class I permit. In contrast, foreign nationals who are employed in profit-generating roles must obtain a Class D work permit (employment permit).

What are the essential compliance requirements for a foreign national planning to work with Public Benefit Organisations (PBOs)?

1.     Obtaining a recommendation letter  from the PBO Regulatory Authority (  Formerly NGOs Co-ordination Board)

The PBO Regulatory Authority, formerly known as the NGOs Coordination Board, is the state corporation responsible for the registration, coordination, facilitation, and regulation of PBOs operating within Kenya. Foreigners wishing to obtain a work permit to work for a PBO must secure a recommendation letter from the PBO Regulatory Authority. This letter is a compulsory requirement; without it, the Director of Immigration Services will not grant the work permit. While the new PBO Act does not explicitly mandate this, as was the case under the NGO Act, it is anticipated that the Director of Immigration Services will still require it.  It is essential to note that both new applicants and those applying for permit renewals must acquire this recommendation letter.

2.    Ensuring that the objective is of benefit to the community in Kenya.

It is essential for any foreign national seeking to work for PBOs in Kenya, even for charitable purposes, to ensure that their activities benefit the local community. Failure to demonstrate the merit of their proposed activities may result in a rejection of their application for recommendation from the PBO regulatory authority. Obtaining clearance/recommendation from the PBO Regulatory Authority is crucial to verify that the services provided by the foreign national will benefit the community and that expatriate workers employed by PBOs are skilled professionals whose expertise is not easily found in the local market.

The Existing NGOs are to submit the requisite changes to the Director of Immigration Services.

The existing NGOs once they have been registered into PBOs should notify the Director of Immigration Services of such changes especially if the work permits for the foreign nationals are still valid.  This is necessary because the regime of the registration will consequently change leading to a change of the certificate of registration and other constitutive documents of the organisation. 

Conclusion.

Existing NGOs need to ensure they have been registered as Public Benefit Organisations (PBOs). As mentioned in our introductory remarks, the existing NGOs shall automatically be deemed as PBOs but must complete their registration under the PBO Act within a one-year timeframe from the date of the publication of the regulations. Failure to do so will result in the loss of their registration status. Compliance is crucial for maintaining their operational legitimacy and facilitating the application for new and renewal of work permits for foreign nationals working for these organisations. Suppose an NGO loses its status due to non-registration as a PBO. In that case, it will be unable to apply for recommendations from the PBO Regulatory Authority and work permit applications for the new and existing, which could significantly impact its workforce.

N/B Please don’t miss our updates, on the Immigration law aspect and PBOs, as we will consistently provide you with the latest information on developments related to PBOs and work permits for its foreign workers.  

How we can assist you at CM Advocates LLP

a)     Offering advisory relating to all aspects of registration of Public Benefit Organisations (formerly NGOs);

b)     Offering Immigration Law advisory;

c)     Assist in the application and processing registration of PBOs and other compliances;

d)     Assist in the application of work permits;

e)     Provide comprehensive tax advisory to PBOs;

f)      Registration of international NGOs;

a)     Assisting in the registration of existing NGOs  to PBOs; and

b)     Offering advisory services on any other aspect of law.

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Wahu WAMBUGU (Associate Advocate) - mwambugu@cmadvocates.com

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Disclaimer

This Alert is for informational purposes only and should not be construed as legal advice