A refusal letter arrives without much ceremony: the application is declined, the reasons are set out briefly, and the employer’s plans stall. What happens next depends on why the application failed and on how the file was originally presented , and those two factors usually point to different responses.
Why are work permit applications refused?
- incomplete or inconsistent documentation , names, dates or qualifications that do not match across the file;
- questions about whether the position could appropriately be filled from the local labour market;
- a mismatch between the permit category applied for and the activity the applicant will actually carry on;
- adverse immigration history, such as previous overstays or breaches of permit conditions;
- outcomes of security or background checks.
Can a refusal be reviewed or appealed?
Administrative decisions in Kenya are not beyond scrutiny. Decisions of public bodies are governed by the Fair Administrative Action Act, and immigration decisions may be revisited , through a fresh application that answers the reasons given in full, through a review, or through the courts where a decision is amenable to judicial review. Which course is realistic depends on the nature of the refusal: a documentation problem can be cured on a fresh application, while a dispute about eligibility itself may need to be argued.
Should you simply reapply?
Sometimes a fresh, better-documented application is the quicker route. But where the refusal reflects a category mismatch or an eligibility question, reapplying in the same terms repeats the outcome and adds a further refusal to the record. The reasons in the letter should be read as a diagnosis before any new filing is made.
What should the employer do in the meantime?
The foreign employee should not commence or continue work without authorisation , working on a refused or expired application compounds the position and can affect future applications for the same person. Roles, reporting lines and interim staffing should be adjusted on the assumption that authorisation may take time.
CS Advocates LLP advises applicants and employers on refusals, reviews and fresh applications, together with the employment and compliance questions that follow; see our governance and advisory practice or our practice areas page. The Fair Administrative Action Act is available on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.