Introduction
Kenyan Immigration laws provide a pathway for foreign nationals that have resided in Kenya for at least 7 years on a valid permit and their dependents to acquire permanent residence. Additionally, foreign nationals married to Kenyan citizens for at least 3 years are eligible to apply for a permanent residence.
There are four categories under which Kenyan Permanent Residence is considered as highlighted below:
Category A (PR for Ex citizens of Kenya
People that were born or registered as Kenyan but lost it under the old constitution by acquiring citizenship of another country can apply for PR under this category. This category is for those that hold citizenship of a country that does not allow dual citizenship.
Category B (PR for holders of Work Permits)
Immigrants who have held a Kenyan work permit for at least 7 years and have been residing in the country continuously for the last 3 years can acquire PR. The Immigration guidance dictates that applicants must demonstrate a strong position to make a tangible contribution to the socio-economic development of the country. Investors and highly qualified professionals have a distinct advantage.
The Spouse and children of the main applicant can also gain PR at the same time. The Application is done online on the eFNS portal.
Category C (PR for children of Kenyan citizens)
Children of Kenyan nationals born outside Kenya can acquire PR.
Category D (PR for Spouses of Kenyan Citizens)
Foreign nationals who have been lawfully married to a Kenyan citizen for at least 3 years and have residency in Kenya can apply to be considered for PR under this category.
Loss of Permanent Residence by Marriage
PR may be lost under several circumstances:
· if it is established that the marriage was contracted for disingenuous purpose;
· failure to comply with the obligations imposed upon residency;
· a lawful order is made to remove the holder from Kenya.
Rights of Permanent Residents
A PR has the right to enter and remain, gain employment, pursue education, own leasehold property, move and settle in any part of Kenya, access and enjoy social services and facilities and be provided with a Permanent Residence Certificate.
Please note that this is not legal advice and is intended primarily for information purposes.
If you require tailored advice or further information or assistance in obtaining any of the above immigration statuses, please contact us on sarinke@mckayadvocates.com.
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