Frequently Asked Questions On Acquisition Of Permanent Residence Status In Kenya

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 /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 Dependant Pass, is eligible. 

Are spouses in a polygamous marriage eligible for Permanent Resident?
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 Resident?
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 3 years of residency in Kenya preceding the application for permanent residency.

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 Resident 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 and owning of agricultural land.

Can a Permanent Resident Holder be issued with a Kenyan Passport?
Kenyan passports can only be issued to Kenyan citizens but the permanent resident holder is still an alien/foreigner and hence doesn’t qualify for a grant of Kenyan passport.

Does a Permanent Resident have to apply for an Alien Card/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 resident certificate is subject to revocation, once Kenyan citizenship has been granted.

Does a Permanent Resident Holder have to reside in Kenya upon attaining Permanent Resident?
Upon grant of permanent residency, one has to reside in Kenya and it is important to note that under regulation 19(2) of Kenya Citizenship and immigration Regulations of 2012,  A permanent residence certificate issued in respect of 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.

Please Get in touch with us today for: 

• Comprehensive advisory on the application of Kenyan Permanent residence and 
• Any other Immigration related issue. 

Contributors 

Wahu WAMBUGU (Immigration Lawyer)-
Email mwambugu@cmadvocates.com

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Disclaimer
This article is for informational purposes only and should not be construed as legal advice.