Introduction
In a world of evolving global mobility, Kenya has become an increasingly attractive destination for those seeking to plant deeper roots in a dynamic and vibrant environment. Whether you are a former Kenyan citizen looking to reclaim your ties, a foreign professional with a wealth of experience, or a family member eager to join your Kenyan spouse, Kenya’s Permanent Residency program offers a golden opportunity to secure a long-term stay with the rights and privileges akin to those of its citizens. At F.M. Muteti & Co. Advocates, we understand the nuances of the application process and are here to guide you every step of the way. Join us as our leading immigration lawyers in Nairobi explore how you can make Kenya your new home, backed by expert legal support.
How to Legally Acquire Permanent Residency in Kenya: Application Guide
The issuance of permanent residency in Kenya is governed by Sections 37, 38, and 39 of the Kenya Citizenship and Immigration Act, 2011. Permanent residency grants non-citizens the right to reside in Kenya indefinitely, with certain privileges almost similar to those enjoyed by Kenyan citizens. Applications for permanent residency are processed through the eFNS portal, and eligibility is based on specific categories outlined by the Act.
Category A: Former Kenyan Citizens
This category applies to individuals who were citizens of Kenya by birth but have since renounced or lost their Kenyan citizenship. This is relevant for those whose countries of domicile do not permit dual citizenship. Along with the primary applicant, their children and spouses can also apply for permanent residency. Applicants in this category must submit an application letter, a printout of the duly filled permanent residency application form (Form 23), and a completed Category A questionnaire, generated upon completing the online application. Proof of previous Kenyan citizenship, such as a birth certificate, identity card, or passport, must also be provided, along with two recent passport-size photographs, a police clearance certificate from the country of domicile, and proof of current citizenship. The application fee for ex-citizens is Ksh. 150,000, which includes both processing and issuance fees.
Category B: Holders of Work Permits
Category B applies to individuals who have held a work permit in Kenya for at least seven years and have been continuously resident in the country for three years immediately preceding the application for permanent residency. This category also includes the spouses and children of the work permit holders. Applicants must provide proof of lawful residence on work permits for at least seven years, as well as continuous residency for the preceding three years. The application must also demonstrate that the individual is positioned to contribute positively to Kenya’s socio-economic development, with priority given to investors and highly qualified professionals. In some cases, applicants may be required to attend an in-person interview.
Required documents include an application letter, a printout of the permanent residency application form, a Category B questionnaire, a residence status form, a valid passport, two passport-size photographs, a police clearance certificate, a tax compliance certificate, a foreigner certificate, an introductory letter from the employer (if applicable), and a checklist. For spouses and children of work permit holders, additional documents include certified copies of marriage certificates, dependant passes, or work permits. The application fee for lawful residents with spouses and children is Ksh. 800,000, including processing and issuance fees.
Category C: Children of Kenyan Citizens
This category is for children of Kenyan citizens born outside Kenya, who have acquired the citizenship of their country of residence or domicile. To apply, the child must provide an application letter, a printout of the permanent residency application form, and a Category C questionnaire, which is generated upon completing the online application. Documentation proving the parents’ Kenyan citizenship, such as birth certificates, identity cards, or passports, must also be submitted. The child must provide their birth certificate, a certified copy of their current passport, two recent passport-size photographs, and a police clearance certificate. The application fee for children of Kenyan citizens with nationality from countries that do not allow dual citizenship is Ksh. 770,000, which includes processing and issuance fees.
Category D: Spouses of Kenyan Citizens
This category applies to foreign nationals who have been married to Kenyan citizens for at least three years. Applicants must provide substantial proof of their marriage and family life. Along with the required documents, applicants may be required to attend an interview to confirm or verify the authenticity of the marriage. To apply, the foreign spouse must submit an application letter from the Kenyan spouse, a printout of the permanent residency application form, a Category D questionnaire, and proof of marriage, such as a certified copy of the marriage certificate. Other documents required include copies of the Kenyan spouse’s identification documents and the foreign spouse’s passport or birth certificate, along with work permits, dependant passes, two passport-size photographs, a police clearance certificate, and a foreigner certificate. The application fee for spouses of Kenyan citizens is Ksh. 200,000, covering both processing and issuance fees.
Rights and Obligations of Permanent Residents
Under Section 38 of the Kenya Citizenship and Immigration Act, 2011, individuals granted permanent residency in Kenya are entitled to certain rights and obligations such as:
- The right to be issued with a certificate of permanent residence and to remain in Kenya, subject to the provisions of the Act.
- The right to be employed in Kenya and the right to attend educational facilities.
- The right to own property legally and to move and settle anywhere within Kenya.
- The right to access and enjoy social services and facilities in Kenya.
- The obligation to comply with residency obligations, which includes being taxed the same as Kenyan citizens.
- The exemption from needing a work permit.
Restrictions for Permanent Residents
While permanent residents enjoy many benefits, they are also subject to certain restrictions:
- They cannot own a Kenyan passport or a Kenyan identity card, neither can they vote in Kenyan elections.
- They are prohibited from owning freehold/agricultural land in Kenya.
Conclusion
Permanent residency in Kenya is more than just a legal status, it’s an opportunity to be part of a nation brimming with opportunity, diversity, and potential. At F.M. Muteti & Co. Advocates, we are committed to making the journey as seamless as possible for you. Our legal team is equipped with the expertise to help you navigate the complexities of the application process, ensuring your path to permanent residency is smooth and efficient. Reach out to us today, and let us be your trusted partner in securing your future in Kenya.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult a qualified legal professional. F.M. Muteti & Company Advocates is here to assist you with your legal needs.
