In this article, we will look at how it is possible for migrants to gain permanent residence status in Kenya, focusing on the two main routes of work and family. For expert assistance with your immigration matter, contact Reiss Edwards, immigration lawyers and solicitors in London.
Kenya is known all the world over for its stunning wildlife, nature reserves and safaris, lakes and mountains, Maasai tribes, world-class runners, and friendliness. As such, the country has much to offer migrants from around the world looking for a new start in life. Kenya is also growing economically, and according to the World Bank, between 2015-2019, the country experienced an average 5.7% growth in GDP, one of the fastest-growing in Sub-Saharan Africa. The World Bank also says, “Kenya has made significant political and economic reforms that have contributed to sustained economic growth, social development, and political stability gains over the past decade”. In this article, we will look at how it is possible for migrants to gain permanent residence status in Kenya, focusing on the two main routes of work and family.
According to Kenya’s Department of Immigration Services, there are four routes to acquire Permanent Residency, as defined by Section 37 of the Kenya Citizenship and Immigration Act, 2011:
In this article, we will focus on categories B, C, and D.
Under this route, migrants who have held Kenya a work permit for at least seven years and have been residing in the country continuously for the last three years can apply for permanent residence (PR). It is possible for the main applicant’s spouse and children to also gain PR at the same time. The immigration guidance also states, “applicants must demonstrate a strong position to make a tangible contribution to the socio-economic development of the country hence priority will be given to investors and highly qualified professionals”. As such, there is no guarantee of being granted PR in Kenya on the basis of your work experience, but those with investment capital and/or expertise and strong qualifications will have a distinct advantage. To make an application for PR based on your work experience, you will need to:
Under this route, it is possible for children of Kenyan nationals born outside of Kenya to gain permanent Residency. To make an application, you will need to click on the Kenya single sign-on link above and complete the form for PR for the children of Kenyan citizens. In addition to completing the form and paying the application fee, applicants also need to provide the following:
Category D PR is available to foreign spouses of Kenyan nationals. In order to apply, you must have been married to a Kenyan citizen for at least three years. The application and fee payment is completed using the same link as above. Kenyan immigration services state that applicants must provide the following information with your application:
As with all spouse immigration applications, the person processing your case will be looking for any potential signs that your relationship (and hence the application) is not genuine; this is often referred to as ‘sham marriage’. For this reason, try to include plenty of evidence with your application that your marriage is genuine and ongoing. Evidence such as photos and proof of your shared finances and future plans should be provided to give a clear picture of your genuine relationship.
Gaining permanent residence through work or family is possible for foreign nationals in Kenya. Given the importance of securing PR, it is always advisable to have help and support from an immigration lawyer who can guide you through the process. They understand the traps and pitfalls which applicants who have been refused in the past have fallen into and can ensure you have the best possible chance of receiving a positive decision for you and your family. We wish you all the very best with your new life in Kenya.
