The Kenyan government has announced that there is an opportunity for undocumented East African Community nationals to be granted temporary amnesty and legal protection until their situation is regularized. The decision has been made in response to fears and concerns expressed by foreign traders, especially the Burundians, after the government issued directives to target foreigners who were trading without work permits.
The Kenyan government has stated that this is meant to legalize the undocumented EAC nationals and to stop harassment and xenophobia.
Who Can Register?
This temporary status is meant for those undocumented nationals of the member countries of the EAC, especially those initially identified as Burundians staying and working in Kenya.
According to the government spokesperson Charles Owino, the undocumented nationals of the EAC are supposed to visit their respective embassies to register formally in the process. According to the reports published by Reuters and CNBC Africa, the individuals undergoing the process will be treated as having legal residence in Kenya during the registration period.
This government announcement is crucial for those Burundians who have been residing in Kenya for many years without the proper documentation to prove their immigration status.
Protection Provided by the Temporary Status
The temporary status will help such individuals to enjoy some protection during the period when their documentation is being completed. This is because the temporary status will enable them to access important services during the period of their registration process.
It followed confusion and worries after the president ordered that small business firms owned by foreigners but without the necessary work permits be closed down. It created a long line of Burundians at the Burundi embassy in Nairobi, seeking to obtain travel documents and other forms of registrations.
Are Undocumented EAC Nationals Allowed to Work in Kenya?
This particular amnesty period should not necessarily mean the granting of permanent work permits.
Members of the EAC have a greater chance of working and starting a business firm in their home country, but they have to adhere to the immigration laws of the host country. According to the EAC, any workers hired for a duration of more than 90 days should apply for work permits. However, those hired for a period of 90 days or less should apply for a special pass.
Class R permit is available in the Kenyan immigration department to all EAC nationals who want to live, work, do business or participate in other economic activities.
Why Is Amnesty Being Implemented Now?
This follows the growing fears regarding foreign businessmen and deportation in Kenya.
It is estimated that hundreds of Burundian refugees were applying for proper paperwork or preparing to leave Kenya following the fear of persecution. The government tries to differentiate between its actions and xenophobia, noting that it does not tolerate any form of intimidation or harassment of foreign nationals.
The registration campaign allows the government to register undocumented EAC nationals without having those people feel threatened.
What Happens to Them after Registration?
The time frame of the amnesty window and other administrative issues will determine what happens next after the temporary protection period.
The ones who wish to reside in Kenya on a legal basis will require the appropriate immigration documentation. According to Kenya’s Directorate of Immigration Services, all foreigners residing in Kenya for more than 90 days should be registered unless exempted by immigration laws.
EAC nationals have the option of using the Class R permit.
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