As a diplomat who has lived in the country for an extended period of time, there is a likelihood that you have formed connections or set up a life in Kenya. What happens after you retire? How can you continue your stay after exiting from employment and thereby your privileged status?
Diplomats such as Accredited Diplomats /Consular Staff and other officials of specialized agencies such as the United Nations (UN) are exempted from procuring a work permit since they enjoy diplomatic immunities and privileges. Upon exiting from this type of employment or upon conclusion of the assignment, the privileged status also comes to an end. This means that whereas the individual was initially exempted from having to procure a work permit, they will now have to apply for a permit or pass to be able to continue residing and working in Kenya.
It is important to note that the persons falling within the class referenced above are granted six (6) months in form of a visitor’s pass to prepare for departure or apply for an alternative permit or pass to cater for their new status and future plans.
This article will highlight the options available to a diplomat or an official of a specialized agency, who may want to continue residing in Kenya ( the receiving country) after retiring or otherwise exiting from employment.
a) Kenya Visitor’s Pass
The most immediate option for the diplomat is to procure the Visitor’s pass. This Pass is however only valid for a period of not more than six (6) months. It is therefore unsuitable for an individual who wants to enjoy an extended stay. Furthermore, the holder of this pass will not be able to engage in gainful employment while under this pass.
b) Ordinary Resident Permit (Class K permit)
It is normally issued for a period of three (3) years and it subject to renewal after every three (3) years. It is important to note that this category of permit does not allow one to engage in any form of employment or income generating activity since it is mainly applicable to retirees. However, one is not restricted from activities such as holding shares in a company ,owning properties and any other form of investment/activities which may not necessarily require one to obtain a work permit.
c) Investor’s Permit
This permit is suitable for persons who may wish to engage in general investment. A holder of this permit can register a company along with other shareholders or alone as a sole shareholder and director. The permit is normally valid for only two (2) years subject to renewal.
d) Work permit for prescribed professions
Persons who are professionals in any of the following fields: medical doctors, engineers, scientists, architects etc., may apply for the respective immigration work permit under class C to enable them to practice their profession here in Kenya. It is normally valid for only two (2) years subject to renewal.
e) Application of Kenya’s Dependent’s Pass(KDP)
This is applicable to diplomats/officials of specialized agencies who are married to a Kenyan citizen. Upon retirement and cessation of diplomatic status one may be granted with KDP status and thereafter Permanent Residence/citizenship on grounds of marriage. It is important to mention that KDP doesn’t allow one to work.
f) Application of Permanent Residence/Citizenship
Upon holding either of the above work permits for a continuous period of seven (7) years one may apply for lawful permanent resident status of lawful citizenship upon meeting all the other requirements under the Constitution, Immigration Laws, and other governing laws/regulations.
It is noteworthy, to mention that when one has been under the exemption status by virtue of enjoying diplomatic immunity, one cannot apply for lawful Permanent residence /Citizenship directly without first holding a valid work permit for a continuous period of 7 years.
Disclaimer
This article is for informational purposes only and should not be construed as legal advice.
Please Get in touch with us today for:
- Comprehensive advisory obtaining the relevant Immigration residence/ work permit;
- Advisory on applicable Tax and other tax services; and
- Any other Immigration related issue.
Whether you are based in Kenya or abroad we offer support over email, phone call, WhatsApp call, videoconferencing etc.
Contact our Immigration Global Mobility Practice Group immigration@cmadvocates.com or request a virtual consultation here
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Victorine ROTICH- Senior Associate Advocate
Wahu WAMBUGU- Immigration Lawyer
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