Kenya Residency Status For Elderly Parents: A Guide To The Dependant’s Pass

Generally, Kenya is a country that values family unit and for expatriates, foreign investors, diplomats and any other category of a foreign national who is in possession of valid residence status who wish to bring their elderly parent(s) to live with them in Kenya.

1. Introduction

Generally, Kenya is a country that values family unit and for expatriates, foreign investors, diplomats and any other category of a foreign national who is in possession of valid residence status who wish to bring their elderly parent(s) to live with them in Kenya. The Kenya Dependant’s pass (KDP) is the most appropriate document which they can obtain for their elderly parent(s).

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 to live in Kenya. This pass is typically issued to spouses and children (not more than 21 years of age), but it also extends to elderly parent(s) who rely on their children for financial support or any other support.

This article provides a detailed overview of the Kenya Dependant’s Pass for elderly parent(s), including eligibility for such to be granted.

2. Eligibility for a Dependant’s Pass for Elderly Parents.

To qualify for a Dependant’s Pass for elderly parents, the following criteria must be met:

(i) Relationship Proof- The applicant must provide documentation proving the parent-child/sponsor relationship, such as a birth certificate or other legal documents;

(ii) Sufficient Income- The applicant/sponsor must provide proof of sufficient and assured income to sustain self and the parent (s);

(iii) Valid Immigration Residence Status -The applicant i.e the child sponsoring the parent must have a valid work / residence permit, or other legal status in Kenya;

(iv) Valid Passport-The dependent must be in possession of valid passport of not, more than 6 months prior to the expiration date. If the passport is set to expire within six months, it will need to be renewed before proceeding with the application

(v) Age Requirement- While there is no specific age limit, the parent must be of an age where they are considered elderly and unable to support themselves independently.

(vi) Other Documentary Proof- Any other documentary proof with respect to any condition leading to dependency e.g medical condition, disability among others;

(vii) No Gainful Employment/Venture-The Dependant Parent (s) is not in any way engaged in any gainful employment or income-generating activity as a dependant’s pass doesn’t allow one to work. Engaging in such activities without the appropriate work permit or authorization would constitute a

violation of Kenyan immigration laws and may result in penalties, including the revocation of the Dependant’s Pass or deportation.

(viii) Medical Insurance- Proof of medical insurance coverage for the elderly parent may be required to ensure they have access to healthcare services while in Kenya.

3. Conclusion

It is important to note that the Dependant’s Pass is valid only for the duration of the sponsor’s work permit or residence status. Additionally, the pass does not permit the holder to work or engage in any gainful activity without obtaining the relevant work permit. Doing so would constitute an offense under Kenyan immigration laws.

Further, when applying for a Dependant’s Pass for more than one parent, each application must be submitted separately. While the pass is primarily granted to biological parents, it can also be extended to parents-in-law, step-parents, and adoptive parents, provided sufficient documentary evidence is submitted to support the relationship (please keep watch for our next article which shall expound on this).

How can we can help?

· Application of the work/residence permit of the applicant/sponsor;

· Application of the Dependant’s Pass of the elderly parents; and

· Any other immigration related applications.

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.