What is permanent residence immigration status in Kenya?

Permanent residence is an immigration status granted to foreigners/persons who are not Kenyan citizens granting them the right to live and work in Kenya indefinitely without obtaining work permits or another immigration document to facilitate their stay in Kenya.

What is the law governing permanent residence in Kenya?

This is contained in the Kenya Citizenship and Immigration Act and the Regulations thereunder.

Who is eligible to apply for permanent residence in Kenya?

These include:

• persons holding work permits for at least seven (7) years and have been continuously resident in Kenya for three (3) years preceding making of the application as well as dependants associated with these persons;
• persons married to Kenyan citizens for at least 3 years;

Is there a requirement for prior residence in Kenya to be eligible for a permanent residence certificate?

Yes. Work permit holders must have resided in Kenya for 3 years preceding the application.

Persons married to Kenyans will be required to produce dependant’s pass they have held as well as police clearance certificate from Kenya Police which has an element of residency prior to being issued to foreigners.

Is there a time limit one should live in Kenya to obtain permanent residence in Kenya?

Yes, 3 years for work permit holders; and while for persons seeking permanent residence through marriage to a Kenyan citizen duration of residence is not clearly stipulated – there is a residence requirement by virtue of the documents to be included in the application e.g. police clearance certificate and the dependant’s pass

Difference between a residence permit (class K) and permanent residency?

A residence permit also called Class K permit is a 2-year permit issued to foreigners who wish to live in Kenya without working or being employed in Kenya. The main criteria for this residence permit is a minimum annual income derived from sources outside of Kenya as well as being over the age of 35 years old. On the other hand, permanent residence is a certificate issued by immigration allowing indefinite stay and work in Kenya without the need to get a work permit issued to eligible persons. Thus in summary the Class K permit only lasts 2 years while the permanent residence certificate lasts indefinitely until validly rescinded for valid reasons by the government.

Is there a requirement to reside in Kenya after obtaining permanent residency?

Yes, you must make an entry into Kenya within a year of being granted the certificate if you make the application outside of Kenya. Further, if after issue of the permanent residence certificate you reside out of Kenya continuously for a period of 2 years or more, this can be a basis to lose your permanent residence.

How can I lose my permanent residence status?

By staying out of Kenya continuously for a period of 2 or more years after issuance of the permanent residence certificate

Do I need to renew the permanent residence certificate?

The permanent residence status is held indefinitely unless rescinded for valid reasons as stipulated under the Kenya Immigration and Citizenship Act

What document do I get to confirm my permanent residence status if my application is successful?

You get a permanent residence certificate to confirm your status.

Required documents for permanent residence application?

For work permit holders and their dependants:

These include:

• An application letter
• A print out of the duly filled permanent residence application form (form 23) signed and stamped by Magistrate/Commissioner for oaths. A filled  Questionnaire for Intending Applicants which is generated upon completion of the online application.
• Duly filled Residence status form which is generated automatically after completion of your application
• Copy of valid passport
• 2 passport size photographs (a soft copy will also be required during application)
• Police Clearance Certificate (Original)
• Copy of valid tax compliance certificate both individual and entity
• Copy of valid foreigner certificate (Alien card)
• Introductory letter from employer (applicable for employees)
• Copy of marriage certificate and children birth certificates where applicable
• Copy of the Police Clearance Certificate/Certificate of Good Conduct – Kenya Police

For spouses of Kenyan citizens

1. An application letter by Kenyan spouse
2. A print out of the duly filled permanent residence application form (form 23) signed and stamped by Magistrate/Commissioner for oaths. A duly filled Questionnaire for Intending Applicants which is generated upon completion of the online application.
3. Duly filled Residence status form generated automatically upon completion of the online application
4. Police Clearance Certificate, Kenya Police (Original)
5. Demonstrate marriage and family life
6. Certified copy of the marriage certificate
7. Copies of either passport/Identity card/ and birth certificate of Kenyan spouse
8. Copy of passport /birth certificate/ of the foreign spouse
9. Copies of work permit(s)/dependant pass of spouse
10. 2 passport size photographs (a soft copy will also be required during application)
11. Copy of valid foreigner certificate (Alien card)
12. Government Fee for the Permanent Residence Certificate
    • Application Fee of KES 50,000
    • Issuance Fee of KES 750,000

Can a permanent resident apply for Kenyan citizenship?

Yes, you can.