Permanent Residence in Kenya
Permanent Residence is provided for under Section 37, 38 and 39 of the Kenya Citizenship and Immigration Act, 2011.
The following persons, their children and spouses shall be eligible upon application in the prescribed manner for grant of permanent residence status in Kenya—
(a) Persons who were citizens by birth but have since renounced or otherwise lost their citizenship status and are precluded by the laws of the countries of their acquired domicile from holding dual citizenship;
(b) Persons 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;
(c) Children of citizens who are born outside Kenya and have acquired citizenship of the domicile; and
(d) The spouses of Kenyan citizen married for at least three years
Under section 38 of the Act, any person who has qualified for permanent residence status is entitled to, and subject to, the following rights and obligations:
(a) Have the right to enter and remain in Kenya, subject to the provisions of this Act;
(b) Have the right to be employed in Kenya;
(c) Have the right to attend educational facilities;
(d) Have right to own property legally in Kenya;
(e) Have the right to move and settle anywhere in Kenya;
(f) Have the right to access and enjoy social services and facilities in Kenya;
(g) Comply with residency obligation as may be prescribed;
(h) Be provided with a permanent residence certificate as prescribed under the regulations; and
(i) Comply with such other conditions as shall be imposed under the regulations.
(j) Gain exemption from work permits
The various classes of Permanent Residence as provided under the enabling regulations include:
v Ex-Kenyan (Category A) - This applies to Kenya citizens by birth who renounced or lost Kenya citizenship and their country of domicile deny them the opportunity to hold dual citizenship.
v Lawful Residents (Category B) / PR for an entry Permit Holder - Applicants must provide proof of lawful residence on work permits for a minimum of 7 years and with continuous 3 years residency in Kenya preceding the application for permanent residency. Applicants must demonstrate a strong position to make tangible contribution to socio-economic development of the country hence priority will be given to investors and highly qualified professionals. In, this framework, applicants may be required to appear in person for interview to confirm or verify these facts. Applicants must fulfil the following documentation requirements. The female spouses and children of PR holders are not subjected to background checks.
v Children of Kenyan Citizens (Category C) - This applies to children born to Kenyan parent(s) but also hold another citizenship that does not allow dual citizenship or if they were born before the parent acquired Kenya citizenship.
v Spouse to Kenya Citizen (Category D) / PR via Marriage ( to a Kenyan Citizen or a PR Holder) - This applies to those married to a Kenya Citizen for a period exceeding three years and the marriage is still valid. The applicant and the spouse may be required to appear before the Permanent Residence Advisory Committee during the processing cycle.