Permanent Residency Application Process in Kenya
Kenya’s appeal as a hub for investment, work, and residence is undeniable. With a population of approximately 60 million and a GDP growth rate accelerating to 5% in 2023, according to the World Bank, Kenya ranks as the third-best country in Africa for high-income job opportunities, per the Henley Opportunity Index 2024. The Kenya Citizenship and Immigration Act of 2011, specifically Sections 37, 38, and 39, regulates permanent residency, offering a pathway for foreign nationals to live, work, and own property in Kenya without the need for periodic permit renewals.
Permanent residency status in Kenya does not require renewal unless revoked for reasons such as fraud, non-compliance with residency obligations, or assisting an enemy in wartime. The status grants rights to employment, education, property ownership, and access to social services, making it an attractive option for those planning to settle long-term in Kenya.
ELIGIBILITY CATEGORIES
The application process for permanent residency is categorized into four groups under Section 37 of the Act:
1) Category A: Ex-Citizens of Kenya
- Eligibility: Former Kenyan citizens who renounced or lost their citizenship and are unable to hold dual citizenship due to restrictions in their country of domicile.
- Requirements: Proof of previous Kenyan citizenship (e.g., Kenyan ID, birth certificate, or passport).
- Fees: KES 10,000 (processing, non-refundable), KES 100,000 (issuance).
2) Category B: Lawful Residents
- Eligibility: Foreign nationals with valid work permits for at least seven years and continuous residency in Kenya for the three years immediately preceding the application. Applicants must contribute to socio-economic development, with priority for investors and highly qualified professionals.
Requirements:
a) Proof of lawful residence via work permits for seven years.
b) Continuous residency for three years.
c) Certificate of Good Conduct from the CID.
d) Tax compliance.
e) Cover letter addressed to the Director of Immigration Services.
f) Form 23 and Form B, signed by a lawyer.
- Fees: KES 10,000 (processing), KES 500,000 (male) or KES 50,000 (female) for issuance.
3) Category C: Children of Kenyan Citizens
- Eligibility: Children of Kenyan citizens with foreign nationalities in countries that do not permit dual citizenship.
- Requirements: Applicants must be under 21, with exceptions for those in school.
- Fees: KES 20,000 (processing), KES 750,000 (issuance).
4) Category D: Spouses of Kenyan Citizens or Permanent Residents
- Eligibility: Individuals married to a Kenyan citizen or permanent resident for at least three years with valid immigration status.
- Requirements: Proof of a bona fide marriage (e.g., marriage certificate, photos, shared finances).
- Fees: KES 10,000 (processing), KES 150,000 (spouses) or KES 50,000 (females married to Kenyan citizens/permanent residents).
Spouses and Children of Lawful Permanent Residency Applicants
Spouses and children of Category B applicants can apply for permanent residency after the principal applicant’s approval. Joint applications are not allowed. Spouses must prove a genuine marriage of at least three years, and children must be under 21 with valid immigration status. Exceptions for older children may be considered for those in education.
Application Process
The process is managed via the eFNS Portal and includes:
A) Online Registration: Create an account on fns.immigration.go.ke and select the appropriate category.
B) Document Submission: Upload and physically submit documents to Nyayo House, Nairobi, or Kenyan missions abroad.
C) Processing Fee Payment: Pay KES 10,000 via banker’s cheque.
D) Background Checks and Interviews: Undergo background checks and potential interviews with the Permanent Residence Advisory Committee.
E) Approval and Issuance Fee: Pay the issuance fee upon approval and collect the certificate in person.
F) Processing Timeline: Five months to two years, depending on application volume and documentation.
In November 2023, proposed fee revisions were suspended by a High Court order, maintaining the current fee structure. The government has introduced quotas to manage applications, prioritizing investors and skilled professionals. Engaging an immigration consultant is recommended to ensure compliance and avoid delays.
Rights and Obligations
Permanent residents can live, work, study, and own property without time restrictions but must comply with tax and residency obligations. Non-compliance, fraud, or non-genuine marriages can lead to revocation. Residents must enter Kenya within one year of certificate issuance.
Conclusion
Kenya’s permanent residency program offers significant opportunities for long-term settlement. Applicants should ensure thorough preparation and consider professional guidance to navigate the process successfully. For more details, visit immigration.go.ke.
Contact us at 0716 808 104 or info@lawguide.co.ke for guidance in navigating this process