Introduction
When it comes to obtaining permanent residence in Kenya, many questions are frequently asked. The purpose of this article is to answer a few of those questions.
Does Permanent Residence have a validity or an expiry date?
Permanent Residence is a long-term status that doesn't need to be renewed unless it is revoked for reasons specified by law.
Can a Permanent Residence application be done when the applicant does not have a valid residence status?
An applicant for lawful permanent residence or permanent resident by marriage must have a valid immigration status, such as a work permit or Kenya Dependent's Pass.
Who is eligible for permanent residency by marriage?
A person who has been married to a Kenyan citizen or permanent resident holder for at least three (3) years and has a valid immigration status, such as a work permit or Kenya Dependent's Pass, is eligible.
Are spouses in a polygamous marriage eligible for Permanent Residence?
Yes. Kenyan laws recognize polygamous marriages, so spouses in such marriages are eligible to become Permanent Residents after fulfilling all the requirements.
Do widows and widowers of Kenyan citizens qualify for Permanent Residence?
According to Section 37(e) of the Kenya Citizenship and Immigration Act, 2011, widows and widowers of Kenyan citizens are eligible for permanent residence.
Who qualifies for Lawful Permanent Residence?
A person who has been lawfully residing within Kenya for a continuous period of at least seven (7) years under the authority of a valid permit, and with continuous three (3) years of residency in Kenya preceding the application for permanent residence.
Does a Permanent Resident Holder have to apply for a work permit to engage in employment or investment?
No. Once permanent residence has been granted, an individual is free to live and work in Kenya without needing to apply for a work permit.
What is the difference between Permanent Residence and Citizenship?
It is important to note that a Permanent Resident holder enjoys equal rights with a Kenyan citizen except that one cannot engage in democratic elections or own agricultural land.
Can a Permanent Resident Holder be issued with a Kenyan passport?
Kenyan passports can only be issued to Kenyan citizens. A Permanent Resident holder is still an alien/foreigner and therefore doesn’t qualify for a Kenyan passport.
Does a Permanent Resident have to apply for an Alien Card or Foreigner Certificate?
A Permanent Resident holder should apply for renewal of the Alien Card/Foreigner Certificate every three (3) years.
Can a Permanent Resident Holder apply for Citizenship?
A Permanent Resident holder may apply for and be granted citizenship status if they meet all the requirements for Kenyan citizenship. However, it is important to note that a Permanent Residence certificate is subject to revocation once Kenyan citizenship has been granted.
Does a Permanent Resident Holder have to reside in Kenya upon attaining Permanent Residence?
Upon grant of Permanent Residence, one has to reside in Kenya. It is important to note that under Regulation 19(2) of the Kenya Citizenship and Immigration Regulations of 2012, a Permanent Residence certificate issued to a person who is not present in Kenya at the time of application shall cease to be valid if such person fails to enter Kenya within one year from the date of issue.
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Disclaimer
This article is for informational purposes only and should not be construed as legal advice.