Introduction
The Government of Kenya has established various immigration controls and regulations to manage the presence of foreigners within its borders compellingly. Among these regulatory instruments is the Dependant Pass, which allows spouses, children, and other Dependant relatives of foreign nationals with valid residency status to live in Kenya. While this arrangement fosters family unity and ensures that foreign nationals can reside with their loved ones, there are specific conditions under which a Dependant Pass may be invalidated.
In our earlier article, we discussed what is a Dependant Pass, its eligibility criteria and the process of obtaining it. The article can be accessed through the link https://shorturl.at/qD2nT. In this article, we shall highlight grounds that may render a dependent pass to be invalidated in Kenya. This article explores these circumstances to enlighten foreign nationals and their dependants residing in or intending to move to Kenya.
The following grounds can render a Dependant Pass to be invalidated;
1. The dependent has ceased to depend on the applicant (host);
2. The permit holder/Host has failed or is unable to maintain the dependant for any reason including lack of sufficient funds or falls sick;
3. The permit holder has left Kenya in circumstances which raise a reasonable presumption that his or her absence will not be temporary and is likely not to return to Kenya;
4. The dependant engages in employment or other income-generating activity and subsequently applies for the relevant work permit;
5. If the permanent residence status of the applicant ceases;
6. If the work/Residence Permit of the applicant (Host) expires and the applicant fails to renew;
7. In instances where a work permit of the host has been cancelled/revoked for reasons provided under the law;
8. If the host is a Kenyan Citizen by registration and such citizenship happens to be revoked by the Cabinet Secretary;
9. The permit holder /Host whom the dependant depends on dies;
10. The dependant was a child, the dependant attains the age of twenty-one (21) years, and the dependant’s pass shall be deemed to have expired and shall be invalid;
11. If the dependant is a spouse and there is a change in marital status by separation, divorce, or annulment; and
12. Any other viable reason that may be deemed to have a merit to invalidate the pass.
Conclusion
It is crucial to be aware of the factors that can lead to the invalidation of a Dependant's Pass in order to prevent any unexpected situations that may arise with the authorities due to holding an already invalidated Dependant's Pass. This exploration of the grounds under which a Dependant Pass may be invalidated in Kenya underscores the importance of adherence to the regulations and the need for proactive management of one's immigration status. Always stay informed and consult with legal experts to navigate the legal landscape effectively.
How can we can help?
At CM Advocates LLP, we have a vibrant Immigration and Global Mobility team who can help you apply for a Dependant’s pass or any other Immigration-related matters. If you would like to consult further on this article or any related immigration matters, or any other matter do not hesitate to contact the Immigration and Global Mobility team through the contacts below or the contributors.
Contact our Immigration and Global Mobility Practice us now!
Whether you are based in Kenya or abroad we offer support over email, phone call, WhatsApp call, videoconferencing etc. Email us on immigration@cmadvocates.com or book a virtual consultation here https://cmadvocates.com/cm-request-consultation/.
Call: +254202210978/+254716209673
Contributors
Wahu WAMBUGU (Immigration Lawyer)- mwambugu@cmadvocates.com
Caiphas CHEPKWONY (Associate Advocate)- cchepkwony@cmadvocates.com
Disclaimer
This Alert is for informational purposes only and should not be construed as legal advice.