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In our earlier articles(https://cmadvocates.com/en/blog/get-to-know-about-the-acquisition-of-kenya-dependants-pass; https://cmadvocates.com/en/blog/grounds-under-which-a-dependant-pass-may-be-invalidated-in-kenya) ,we provided a detailed overview of the issuance and requirements of the Kenya Dependent Pass (KDP). In this article, we will primarily focus on the situation of a widow who has been a holder of a KDP in Kenya and the legal and immigration implications following the death of her spouse.
Introduction
A Foreign female national, who is a holder of a Kenyan Dependent’s pass upon the demise of her husband, the Kenya Dependent’s pass(KDP) will automatically become invalid as stipulated under section 28(f) of the Kenya Citizenship and Regulations of 2012. In contrast, foreign male spouses often possess work permits while living in Kenya, and their immigration status remains intact after their spouse's death, unless they hold a KDP, which is rarely issued to them not unless on special circumstances.
Therefore, this unforeseen occurrence can leave the widow in a difficult position, particularly if she has lived in Kenya for a significant period and has established strong ties in the country. However, there are still several immigration options which may allow the widow to remain in Kenya in such circumstances.
In this article, we shall explore the key available immigration options which can enable the widow to reside in Kenya based on a case basis.
Application of Citizenship as a Widow of Kenyan Citizen
This will apply to a Widow who has been married to a Kenyan Citizen, who but for the death of her spouse would have been entitled to be registered as a Kenyan Citizen by marriage after a period of Seven (7) years. All the provisions and regulations governing the acquisition of citizenship by marriage shall be applicable in this case.
It is remarkable to note that if a widow in this case marries a non -Kenyan Citizen before the expiry period of Seven (7) years she shall not be entitled to acquire citizenship under this category.
N/B Application under this category is not only limited to widows but also widowers can apply for the same.
Application of Permanent Residence as a Widow of Kenyan Citizen
Section 37 of the Kenya Citizenship and Immigration Act of 2011 allows widows /widowers of Kenyan Citizens to apply for permanent residence. It is worthwhile to note that for one to qualify for this, one must demonstrate that the marriage had been in existence for at least three (3) years before the demise of the spouse.
Application of Class K residence Permit Ordinary resident.
This can be an option for a widow who has been dependent on a work permit holder.
In instances where the deceased’s Estate is sufficient to support the widow.
The Estate has an assured annual income of not less than 24,000 USD. All conditions governing class K permit shall be applicable.
It is also important to note that the widow may also apply for any other category of work permit provided she meets the requirements.
In addition to this, the widow upon holding a class K permit for a continuous period of seven (7) years can qualify for Lawful Citizenship or Permanent Residence.
Conclusion
In conclusion, it is noteworthy that each case of a widow could be different, and it may not only be limited to the above but our Immigration law Practice can offer a piece of comprehensive advice and guidance.
Contact Persons & Contributors
Wahu WAMBUGU ( Associate Advocate)- mwambugu@cmadvocates.com
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Disclaimer
This article is for informational purposes only and should not be construed as legal advice.