How To Become A Lawful Permanent Resident In Kenya

Introduction

Permanent residency in Kenya is a legal immigration status granted under section 37 of the Kenya Citizenship and Immigration Act, 2011, read together with section 19 of the Kenya Citizenship and Immigration Regulations, 2012. There are several categories under which permanent residence may be granted. This article focuses on the “Lawful Permanent Residence” category, also referred to as Category B.

Application for Lawful Permanent Residence.

Category B is specifically intended for individuals holding valid work permits.

Eligibility Criteria

To qualify for lawful permanent residence under this category, applicants must meet the following requirements;

(i.) Valid Work Permits -Applicants must have held valid work permits continuously for a minimum period of seven (7) years.

(ii.) Continuous Residence - Applicants must have resided in Kenya without interruption for at least three (3) years immediately prior to the date of application. Any lapse in permit validity during this period will disqualify the applicant.

(iii.) Economic Contribution - Applicants must demonstrate the capacity to positively contribute to Kenya’s economic development. Priority is typically given to investors and highly skilled professionals.

(iv.) Good Conduct - Applicants must be of reputable character, with no history or risk of threatening national security.

(v.) Has not been declared bankrupt - Applicants must not have been declared bankrupt by a competent court.

(vi.) Tax Compliance - Applicants must be fully compliant with Kenyan tax laws and have no record of tax evasion. And

(vii.) Any other criteria which may deemed to be appropriate by the Director of Immigration services.

Spouses and Children of Lawful Permanent residence Applicants.

This category of lawful permanent residence also applies to spouses and children of the applicants and the grounds for qualification are as follows;

(i.) Sequential Application - The principal applicant must first be granted permanent residency before their spouse or children can apply. Joint applications are not permitted.

(ii.) Valid Immigration Status - The spouse and children must possess valid immigration status at the time of application.

(iii.) Marriage Requirement - The spouse must provide proof of a bona fide marriage of at least three (3) years and evidence of established family life.

(iv.) Age Limit for Children - Children must be under 21 years of age to qualify. However, exceptions may be considered by the Director of Immigration in specific circumstances, such as where the child is still in school.

Conclusion

The application process for lawful permanent residency in Kenya is rigorous and requires strict adherence to immigration regulations. It is important to note that, only valid work permits are considered for eligibility under this category and residence passes do not qualify. Applicants must ensure that their immigration status remains valid throughout the application process until the final approval and issuance of permanent residency.

How can we can help?

· Application of lawful permanent residency status and other categories of permanent residency;

· A wide range of immigration related services and legal support.

Contributor(s) 

Wahu Wambugu (Associate Advocate)- mwambugu@cmadvocates.com

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Disclaimer

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