Gaining lawful permanent residency in Kenya is a significant milestone for foreign nationals who wish to make Kenya their long-term home. Kenya is a unique country, full of friendly, fun and enterprising people. Couple that with the nearly perfect weather all year round and who wouldn’t want to permanently live in Kenya?

In this guide, we provide an in-depth overview of what it means to attain permanent residency status. We will go over who can apply for it and the requirements for a permanent residence application. We also answer frequently asked questions on the process of acquiring permanent resident status in Kenya.

Who is a Permanent Resident?

The Kenya Citizenship and Immigration Act defines a permanent resident as a person who has acquired permanent residency status under the Act and has not lost that status. A permanent resident acquires the following rights and obligations:

• the right to enter and settle anywhere in Kenya, subject to the provisions of the Act;
• the right to remain in Kenya;
• the right to employment in Kenya;
• the right to attend educational facilities;
• the right to own property legally in Kenya;
• the right to move freely within the country;
• the right to access and enjoy social services and facilities in Kenya;
• the right to be provided with a permanent residence certificate as prescribed under the regulations; and
• a duty to comply with all residency obligations as may be prescribed from time to time;
• a duty to comply with such other conditions as may be imposed under the Regulations.

Permanent residents do not acquire the following rights:

• the right to vote;
• the right to hold public office;
• the right to obtain a Kenyan ID or passport; or
• the right to own agricultural land. 

Permanent residency is ideal for those looking to establish a long-term or permanent presence in Kenya without pursuing full citizenship.

Who Can Apply for Permanent Residency in Kenya?

The Kenya Citizenship and Immigration Act sets the following categories of individuals eligible to apply for permanent residency status in Kenya:

• Category A – Former Citizens of Kenya: Individuals who were citizens of Kenya by birth or acquired citizenship but have since renounced their Kenyan citizenship in favour of another country whose laws do not permit dual citizenship may apply for permanent residency. This category allows ex-Kenyan citizens to retain some form of legal status that allows easy travel, residency and other rights while retaining the citizenship of their preferred country.
• Category B – Work Permit Holders: Foreign nationals who have held valid work permits and have resided in Kenya continuously for at least seven years immediately preceding their application are eligible for permanent residency status. The work permit must be valid for at least three years without interruption.
•  Category C – Children of Kenyan Citizens: Persons born to Kenyan citizens outside the country are eligible to apply for permanent residency. This also applies to adopted children of Kenyan citizens.
• Category D – Spouses of Kenyan Citizens: If you are married to a Kenyan citizen and have lived together in marriage for at least three years, you can apply for permanent residency. The marriage must be recognized legally in Kenya, and you will need to provide proof of the union and its duration.

The Cost of Application for Permanent Residency Status

The cost of the application is currently set at a non-refundable fee of Fifty Thousand Shillings (Kshs 50,000/-). The processing fee applies to categories A, B and D. Category C- Children of Kenyan Citizens are charged a non-refundable application fee of Twenty Thousand Shillings (Kshs 20,000/-).

Payment may be made either through mobile money and credit or debit cards.

Once your application is approved, the fee for issuance of your Certificate of Permanent Residency will apply as follows:

• Category A: Kshs 100,000;
• Category B: Kshs 750,000;
• Category C: Kshs 750,000; and
• Category D: Kshs 150,000.

How to Apply for Permanent Residency

The process to obtain permanent residency status is conducted by the Department of Immigration through the eFNS service. Applicants should prepare all the required documentation thoroughly to avoid denial of status and to prevent delays. Here is a step-by-step guide to the process one should follow:

1. Eligibility Verification: Ensure you meet the eligibility requirements outlined in section 37 of the Kenya Citizenship and Immigration Act.
2. Document Preparation: Gather all the required documents for your application including:
   • A valid passport of your country with copies of relevant pages.
   • Proof of your eligibility category. These include a marriage certificate for spouses of Kenyan citizens, birth certificates for children of Kenyan citizens, birth certificates or other proof of previous Kenyan citizenship with proof of renunciation of Kenyan citizenship for former Kenyans.
   • Police clearance certificates from both your home country and Kenya, indicating that you have no criminal record.
   • Medical reports that confirm that you are in good health.
   • Financial documents prove your stability, particularly if applying as an investor.
3. Application Submission: Submit your Application for Permanent Residence through the eNFS service. Ensure that all forms are filled out correctly and that all supporting documents are included.
4. Interview Process: You may be required to attend an interview as part of the evaluation process. The purpose of the interview is to verify the authenticity of your application and documents.
5. Approval and Issuance: If your application is successful, you will be issued a Certificate of Permanent Residence. This certificate grants you lawful residency in Kenya and allows you to live, work, and own property in the country.
6. Apply for an Alien ID: Permanent residents above 18 years of age are required to have alien cards which are renewable every three (3) years.

How Long Does the Application Process Take?

The processing time can vary. The time it takes depends on several factors, such as the completeness of your application and the workload at the Department of Immigration. It is advisable to apply well in advance of any planned relocation to Kenya and maintain your current status if you are a Category B (Work Permit Holder) applicant.

Typically the application process can take anywhere from 2 to 4 years.

How Does Permanent Residency Compare with Other Residency Types and Citizenship?

While permanent residency allows you to live and work in Kenya indefinitely, there are important distinctions between this status and other forms of residency, as well as full citizenship:

Permanent Residency vs. Temporary Work Permits

Temporary work permits are issued for specific jobs and are valid only for a limited time, often tied to the duration of employment. Permanent residency, however, is not job-specific and allows you to work for any employer or engage in business without needing additional permits.

Permanent Residency vs. Citizenship

Citizenship in Kenya grants you all the rights and privileges of a Kenyan citizen, including the right to vote, run for public office, and obtain a Kenyan passport. Permanent residency does not confer these rights. However, it is possible to apply for citizenship after holding permanent residency status for at least seven years immediately preceding your application, provided you meet all other requirements.

Are There Any Renewal Requirements?

Permanent residency status is granted indefinitely, meaning it does not require renewal. However, as a permanent resident, you are required to obtain and maintain an alien card. An alien card is renewable every three years.

Permanent residents must also meet certain legal obligations to maintain their status. These may include:

• Notification of Changes: If there are any significant changes in your circumstances, such as marital status or employment, you are required to inform the Department of Immigration. This is crucial to ensure that your residency status remains valid.
• Compliance with Laws: You must continue to comply with all Kenyan laws, including tax obligations and any specific conditions tied to your permanent residency status. Failure to do so could result in the revocation of your residency.

How Can Your Family Members Join You in Kenya?

It is not possible to extend permanent residency status to immediate family members such as a spouse or children. Your family members must apply for their status through the following options:

1. Dependent Pass Application: Your spouse and dependent children can apply for dependent passes, which allow them to reside in Kenya legally.
2. Permanent Residence Application: Your spouse and children can apply for permanent residence status, which allows them to reside in Kenya legally.

Challenges in the Application Process

The process of acquiring permanent residency in Kenya can be challenging, and applicants often encounter several obstacles:

• Document Accuracy: One of the most common challenges is ensuring that all submitted documents are accurate, complete, and up-to-date. Missing or incorrect documents are a frequent cause of delays or even denial of applications.
• Processing Delays: The application process can be slow, with the Department of Immigration experiencing backlogs. Applicants should prepare for potentially lengthy waiting times.
• Legal and Bureaucratic Hurdles: Navigating Kenya’s legal and bureaucratic systems can be difficult, particularly for those unfamiliar with the country’s laws. Hiring an immigration lawyer can help you navigate these complexities and improve your chances of success.

Conclusion

Attaining lawful residency in Kenya offers many advantages for foreign nationals looking to establish a long-term home in the country. By understanding the eligibility criteria, following the correct application procedures, and being aware of your legal obligations, you can successfully navigate the process and enjoy the benefits of living and working in Kenya.

If you’re considering applying for permanent residency, consulting with experienced immigration lawyers in Kenya can provide the guidance you need to ensure a smooth and successful application process.