- The Kenya Citizenship and Immigration Act 12 of 2011 (Act) defines a permanent resident as an individual who has been granted permanent residence status in accordance with the Act.
- There are specific groups of people who can apply for permanent residence in Kenya.
- The Act outlines a range of rights and privileges that can be enjoyed by people with permanent residency status in Kenya, subject to compliance with all the residency rules, regulations and obligations, as may be prescribed.
It is this magical attraction and oasis of opportunities that makes Kenya ideal for anyone planning to relocate to Africa permanently; whether for investment, residence or work, among other reasons, on a long-term basis.
One way that a person can acquire the status to live in Kenya long term without having to worry about the renewal of a permit is by procuring permanent residency.
Who is a permanent resident?
The Kenya Citizenship and Immigration Act 12 of 2011 (Act) defines a permanent resident as an individual who has been granted permanent residence status in accordance with the Act. Permanent residence status need not be renewed unless it is revoked for any reason specified under the Act.
The following are the specific groups of people who may apply for permanent residence status in Kenya:
- Category A – Ex-Kenyans
This applies to Kenyan citizens by birth, who renounced or lost their Kenyan citizenship, and the country of their acquired domicile does not permit them to hold dual citizenship. (Where the country of domicile allows dual citizenship, the Kenyan citizen should apply for citizenship not permanent residence.)
- Category B – Lawful residents
This category applies to applicants who have held work permits for at least seven years and have been continuously resident in Kenya for the three years immediately preceding the making of the application.
- Category C – Children of Kenyan citizens
This applies to children born to Kenyan parents but who hold citizenship that precludes them from acquiring dual citizenship, or those that were born before their parents acquired Kenyan citizenship. (Permanent residence is an alternative to citizenship where the applicant’s country of domicile does not allow dual citizenship.)
- Category D – Spouses of Kenyan citizens
This applies to individuals married to Kenyan citizens for at least three years and whose marriage is still valid.
- Widows and widowers of Kenyan citizens
This group of individuals is also eligible to apply for permanent residence status in Kenya.
Rights and privileges of permanent residents
The Act outlines a range of rights and privileges that can be enjoyed by people with permanent residency status in Kenya, subject to compliance with all the residency rules, regulations and obligations, as may be prescribed. These include the right to:
- enter and remain in Kenya;
- be employed (without needing to obtain a work permit);
- attend educational facilities;
- own property legally;
- move and settle anywhere in Kenya;
- access and enjoy social services and facilities in Kenya; and
- be provided with a permanent residence certificate as prescribed under the regulations.
It is important to note that permanent residency status may be lost in certain circ*mstances, such as failure to discharge the obligations of a permanent resident; where permanent residence was acquired because of fraud, false representation or concealment of any material fact; assisting an enemy of Kenya in war; and violation of the provisions of the Act.
Processing costs and timelines
The process of acquiring permanent residency entails making an application to the immigration department accompanied by the required documents and requisite fees.
The issuance fees payable are KES 100,000 for ex-Kenyans, KES 150,000 for spouses of Kenyan citizens and KES 750,000 for lawful residents. Children of Kenyan citizens who have acquired nationalities of countries that do not allow dual citizenship pay KES 20,000 in permanent residence application fees and KES 750,000 to be issued with a permanent residency certificate in Kenya. The timeline within which a permanent residency application is processed may range from five months to two years, depending on the circ*mstances of each situation.
Conclusion
Being a permanent resident confers a person the right to be in Kenya on a long-term basis without having to undergo periodical renewals compared to work permits. It is therefore an option that can be considered by non-Kenyans who intend to spend long periods of time in Kenya.
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