Get To Know About The Acquisition Of Kenya Dependant’s Pass.

Introduction 

Pursuant to the provisions of the Kenya Citizenship and Immigration Act, any person who is not a citizen or an asylum seeker shall not be allowed to enter or remain in Kenya unless the person holds a valid permit or pass. A dependant pass is one of the immigration’s notable passes that grant entry and stay in Kenya as long as it remains valid.  This article will delve into discussing in detail what is a dependant pass, who is eligible for it and the eligibility criteria.  

 What is a dependant pass? 

A dependant pass is a document granted to a dependant of someone who possesses a valid Kenyan work/residence permit, Permanent Residence, Kenyan Citizenship, or any other valid residence status. This pass allows them to enter and stay in Kenya. The Kenya Citizenship and Immigration Act of 2011 defines a dependant as someone who, due to age, disability, or any form of incapacity, is unable to support themselves adequately and depends on another person for their livelihood. 

 It is also important to emphasize that a dependant pass grants an individual entry and residency in Kenya however it does not permit the individual to participate in any form of paid work or income-generating activities that would necessitate a work permit  

Categories of Persons Who are eligible for the grant of Kenya Dependant’s Pass; 

1. Spouses of Kenyan Citizen; 
2. Children of Kenyan Citizens (under the age of 21 years) whereby one parent is a  non-Kenyan  and such children hold the citizenship of the non-Kenyan parent who hails from a country that doesn’t allow dual citizenship.   
3. Spouses and Children (Under the age of 21 years) of Permit Holders; 
4. Spouses and Children (Under the age of 21 years) of  Permanent Residence holders; 
5. Spouses and Children (Under the age of 21 years) of  persons who have been exempted from obligations of work permit;  
6. Elderly parents who need care and help;  and 
7. Any other category of persons that may be approved by the Director of Immigration Services.    

Eligibility criteria for obtaining the Kenya Dependant’s Pass (KDP). 

 The Kenya Citizenship and Immigration Regulations of 2012 stipulates that the Director of Immigration Services shall only issue a dependant pass to an applicant if satisfied that: - 

1.  The dependant, fully depends on the person making the application(host) for maintenance and support while living here in Kenya; 
2. The applicant (the host) has valid residence status in Kenya, 
3. The dependant is a spouse or child of the applicant;  
4.  The dependant  by reason of age, disability or any incapacity unable to maintain himself/herself  adequately or for some other reason relies upon the applicant for his or her maintenance or any other person who meets the eligibility criteria; 
5. The applicant provides sufficient evidence of the relationship with the dependant; 
6. The applicant(host) has an income sufficient to enable him or her to maintain and continue to maintain the dependant for the duration of the dependant’s stay in the country; and  
7. The applicant shall not engage in any gainful employment or income-generating activity without obtaining the relevant work permit.  

It is crucial to mention that the Director of Immigration Services may not issue a dependant pass to a male spouse unless in exceptional cases. This does not have any legal backing but is predominantly influenced by the Kenyan Culture which traditionally perceives men as the primary providers in the family unit rather than dependants. As stated earlier, the holder of a dependant pass is not allowed to engage in any gainful employment or any income-generating activities that may necessitate a work permit 

Conclusion 

 It is imperative to note that, the dependant pass is valid for the duration of the applicant’s work permit or validity of residence status. If the applicant renews his/her work permit, although the dependant pass is not subject to renewal one shall be required to apply for the renewal of a re-entry pass and Foreigner certificate for dependants over the age of Eighteen (18) Years. Additionally, if one has children of school-going age should obtain a student’s pass in addition to the dependant’s pass to enable them to access educational facilities. 

How can we can help? 

At CM Advocates LLP, we have a vibrant Immigration and Global Mobility team who can help issuance in the process of the application of the 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: immigration@cmadvocates.com or book a virtual consultation here https://cmadvocates.com/cm-request-consultation/  

Call: +254202210978/+254716209673Contributors 

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.