Permanent Residence

Under Section 37 of the 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—

CATEGORY A:

(Ex-Citizens of Kenya)

Applicants who were Kenya citizens at birth but now:

Have renounced or lost citizenship status.
Are denied the opportunity by their countries of domicile from holding dual citizenship
The children and spouses of the above mentioned applicants.

CATEGORY: B

( Lawful Residents of Kenya)

Applicants who have held work permits for at least 7 years;

And have been continuously resident in the country for three years immediately preceding the permanent residence application.
The children and spouses of the above mentioned applicants.

Spouses

Demonstrate marriage and family life
Certified copy of the marriage certificate
Copy of dependant pass/ work permit(s)

Children (below 18 years)

Certified copy of the birth certificate
Certified copies of the parents birth certificates/

CATEGORY: C

(Children of Kenya Citizens)

Children of Kenya Citizens born outside the country and have acquired foreign citizenship of their country of residence/domicile.

NOTE: Applicants may qualify for Kenya Citizenship.

CATEGORY: D

(Spouses of Kenya Citizens)

Applicants who are spouses of Kenya citizens married for at least three years. Applicants must give ample proof of marriage and family life besides documentation furnished.

In this framework, applicants may be required to appear in person for interview to confirm or verify these facts.

NOTE: A joint sworn Affidavit by the spouses should be attached if marriage was not solemnized in Kenya.

Rights and obligations of Permanent Residents

A permanent resident shall—

have the right to enter and remain in Kenya, subject to the provisions of this Act;
have the right to be employed in Kenya;
have the right to attend educational facilities;
have right to own property legally in Kenya;
have the right to move and settle anywhere in Kenya;
have the right to access and enjoy social services and facilities in Kenya;
comply with residency obligation as may be prescribed;
be provided with a permanent residence certificate as prescribed under the regulations; and
comply with such other conditions as shall be imposed under the regulations.

Loss of Permanent Residence status

A person shall lose permanent residence status—

upon acquisition of Kenya citizenship;
upon failing to comply with obligations and conditions under section 38;
when a removal order against him comes into force;
upon communicating in writing to the Director the intention to cease holding the permanent residence status; and
where the marriage is not bona fide.

the theoretical problems and the real issues and to differentiate between the two.