A Comprehensive Guide to Applying for Permanent Residency in Kenya

Permanent Residency (PR) in Kenya grants foreign nationals the right to reside in the country on a long-term basis without the need to renew permits continuously. Administered under the Kenya Citizenship and Immigration Act, 2011, PR is a highly beneficial status offering relative stability and legal clarity to non-citizens with legitimate ties to Kenya.

What is Permanent Residency in Kenya?

Permanent Residency allows non-citizens to live, work, and conduct business in Kenya without needing a work permit or visa renewals. However, it does not confer Kenyan citizenship or the right to vote. Permanent Residence in Kenya is regulated by sections 37, 38, and 39 of the Kenya Citizenship and Immigration Act, 2011 and governed by the Kenya Citizenship and Immigration Regulations, 2012.

Categories Eligible for Permanent Residence

Kenya offers permanent residency under four primary categories, each with distinct legal requirements:

1. Ex-Citizens of Kenya (Category A)
2. Holders of Work Permits (Category B)
3. Children of Kenyan Citizens (Category C)
4. Spouses of Kenyan Citizens (Category D)

Category A – Ex-Citizens of Kenya

This category applies to individuals who were previously Kenyan citizens by birth but have since renounced or lost their citizenship status and are denied the opportunity by their countries of domicile to hold dual citizenship. The children and spouses of these applicants can also apply.

Requirements

• Duly filled application form (Form 23), signed and stamped by a magistrate/commissioner for oaths.
• Documented proof of loss/renunciation of Kenyan citizenship, including date and reason.
• Proof of former Kenyan citizenship (e.g., old Kenyan passport or birth certificate).
• Proof of foreign citizenship (passport or national ID).
• A cover letter addressed to the Director of Immigration.
• Police clearance certificate from the country of domicile.
• Two passport-size photographs (soft copy also required).
• Application fee of KES50,000 (non-refundable) and an issuance fee of KES 100,000 upon approval

Note: Those who lost citizenship may also reacquire Kenyan citizenship under Article 14(5) of the Constitution, which may be a more direct option. To understand the process of regaining Kenyan citizenship, you can explore our article on Regaining Kenyan Citizenship: Process, Requirements, and Costs.

Category B – Holders of Work Permits

This category caters to foreigners who have lawfully and continuously resided in Kenya for at least 7 years based on a valid work permit and have been continuously resident in the country for three years immediately preceding the permanent residence application. It also includes their spouses and children.

The Requirements

Applicants must provide proof of lawful residence on work permits for a minimum of seven (7) years and with continuous three (3) years of residency in Kenya preceding the application for permanent residency.

Applicants must demonstrate a strong position to make a tangible contribution to the country’s socio-economic development; hence, priority will be given to investors and highly qualified professionals.

In this framework, applicants may be required to appear in person for an interview to confirm or verify these facts. Applicants must fulfil the following documentation requirements:

• An application letter
• A printout of the duly filled permanent residence application form (form 23) signed and stamped by a Magistrate/Commissioner for oaths.
• A filled Category B – 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 a 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
• Copy of a valid foreigner certificate (Alien card)
• Introductory letter from employer (applicable for employees)
• Copy of the Police Clearance Certificate
• Processing fee of KES50,000 (non-refundable) and issuance fee of KES750,000 upon approval

If the applicant is the spouse of a permit holder, then they must provide the following documentation:

• An application letter
• A printout of the duly filled permanent residence application form (form 23), signed and stamped by a Magistrate/Commissioner for oaths.
• A filled Category B – Questionnaire for Intending Applicants is generated upon completion of the online application.
• Duly filled Residence status form, which is generated automatically after completion of your application
• Certified copy of the marriage certificate
• Copy of dependent pass/work permit(s)
• 2 passport-size photographs (a soft copy will also be required during application)
• Police Clearance Certificate (Original)
• Introductory letter from employer (applicable for employees)
• Copy of a valid passport
• Copy of a valid foreigner certificate (Alien card)
• Copy of the Police Clearance Certificate
• Copy of Checklist. click here to download

If the applicant is a Child of a work permit holder, then they must provide the following documentation:

• An application letter
• A printout of the duly filled permanent residence application form (form 23), signed and stamped by a Magistrate/Commissioner for oaths.
• A filled Category B – Questionnaire for Intending Applicants is generated upon completion of the online application.
• Certified copy of the birth certificate
• Certified copies of the parents’ birth certificates
• 2 passport-size photographs (a soft copy will also be required during application)
• Copy of dependent pass
• Copy of a valid passport
• Copy of the Police Clearance Certificate

Category C – Children of Kenyan Citizens

This category applies to children born abroad to Kenyan citizens or adopted children whose adoptive parents are Kenyan and have acquired foreign citizenship of the country of residence/domicile.

Requirements

• Application letter by the Kenyan parent.
• Duly filled application form (Form 23), signed and stamped.
• Questionnaire for intending applicants, generated during online application.
• Certified copies of the child’s birth certificate.
• Certified copies of the parent(s) Kenya passport/ID (proof of citizenship).
• Certified copy of the child’s current foreign passport.
• Police clearance certificate for children aged 18 and above.
• Two passport-size photographs (soft copy also required).
• Processing fee of KES50,000 (non-refundable); issuance fee of KES20,000 (children) and KES750,000 (for the certificate)

Category D – Spouses of Kenyan Citizens

This applies to foreign spouses who have been married to Kenyan citizens for at least 3 years and are legally residing in the country. In addition to the documentation furnished, applicants must provide ample proof of marriage and family life.

The requirements

• An application letter by a Kenyan spouse
• A printout of the duly filled permanent residence application form (form 23) signed and stamped by a Magistrate/Commissioner for oaths.
• A duly filled Category D – Questionnaire for Intending Applicants is generated upon completion of the online application.
• Duly filled Residence status form generated automatically upon completion of the online application
• Police Clearance Certificate (Original)
• Demonstrate marriage and family life
• Certified copy of the marriage certificate
• Copies of either the passport/Identity card/or birth certificate of the Kenyan spouse
• Copy of passport /birth certificate/ of the foreign spouse
• Copies of work permit(s)/ dependent pass of spouse
• 2 passport-size photographs (a soft copy will also be required during application)
• Copy of a valid foreigner certificate (Alien card)
• Copy of the Police Clearance Certificate
• Processing fee of KES50,000 (non-refundable); issuance fee of KES150,000 upon approval

Note:

Applicants in this category must be residing legally in Kenya at the time of application. Suspicion of sham marriages will result in automatic rejection.

General Application Process for Permanent Residency in Kenya

Regardless of category, the general process includes the following steps:

1. Preliminary Consultation:
   Engage a licensed immigration consultant or advocate to assess your eligibility and compile the required documents.
2. Document Preparation:
   Assemble the supporting documents as outlined per category.
3. Online Submission:
   Applications are submitted via the eFNS Portal (Electronic Foreign Nationals Services System).
4. Payment of Fees:
   Pay the applicable processing and legal fees online or through approved bank channels.
5. In-Person Appointment:
   Schedule a biometric capture or physical appearance if requested.
6. Background Checks:
   The Directorate of Immigration, in conjunction with the National Intelligence Services (NIS), conduct due diligence, including verifying records with security and revenue agencies.
7. Issuance of Permanent Residence Certificate:
   If approved, the applicant receives a Certificate of Permanent Residence, with conditions and endorsement on their passport.
8. Renewal & Compliance:
   PR holders must renew their residence endorsement every 5 years and update the Immigration Department on changes such as divorce, criminal record, or relocation.

Essential Considerations for Permanent Residence

• Permanent Residency is not citizenship and does not entitle the holder to a Kenyan ID or voting rights.
• The PR status may be revoked if obtained fraudulently or if the holder violates Kenyan immigration or criminal laws.
• PR holders are expected to reside primarily in Kenya. Long periods of absence may raise compliance issues.
• PR applications may take several months or years to process; expert legal representation and precision can speed up approvals.

Advantages of Permanent Residence in Kenya

• Right to live and remain indefinitely in Kenya without further visa renewals.
• Employment: Ability to work without the need for future work permits.
• Education: Access to educational institutions as a resident.
• Property Ownership: Right to own (leasehold) property in Kenya.
• Social Services: Access to healthcare and other government services.
• Mobility: Freedom to move and reside anywhere within Kenya.
• Stability for Family: Spouses and children may also apply for permanent residence linked to the principal applicant

Duties and Obligations of Permanent Residents

• Abide by all Kenyan laws and regulations.
• Obliged to pay taxes on income as per Kenyan law.
• Expected to respect the rights and values of Kenyan society.
• Notify immigration authorities of any change in address, marital status, or other key personal information.

Loss or Revocation of Permanent Residency

Permanent residency can be lost or revoked if the holder:

• Acquired the status through fraud or misrepresentation.
• Violates the terms and obligations specified for residency.
• Assisted an enemy during war, or for a serious criminal conviction.
• Fails to maintain a valid status as per the Act’s provisions

Frequently Asked Questions (FAQs) on Permanent Residency in Kenya

1. What is Permanent Residency in Kenya?
   Permanent Residency (PR) grants foreign nationals the right to live, work, and conduct business in Kenya indefinitely without needing work permits or visa renewals. However, it does not confer Kenyan citizenship or voting rights.
2. Who is eligible to apply for Permanent Residency in Kenya?
   Kenya offers permanent residency under four main categories:
   • Former Kenyan citizens (Category A)
   • Holders of work permits (Category B)
   • Children of Kenyan citizens (Category C)
   • Spouses of Kenyan citizens (Category D)
3. Is there a minimum residency requirement to apply for Permanent Residency?
   Yes. Work permit holders must have continuously resided in Kenya for three years immediately before applying. Spouses and children of Kenyans must show legal residence and provide relevant documentation such as police clearance and dependent passes.
4. What are the requirements for Category B (Work Permit Holders)?
   • Must have held a valid work permit for at least 7 years
   • Must have lived in Kenya continuously for 3 years immediately before applying
   • Must show evidence of significant socio-economic contribution (e.g., investor or skilled professional)
   • Submit Form 23, questionnaires, police clearance, photos, passport and Alien card copies, employer’s letter, and pay KES 50,000 (processing) plus KES 750,000 (issuance)
5. What are the requirements for Category B (Work Permit Holders)?
   • Must have held a valid work permit for at least 7 years
   • Must have lived in Kenya continuously for 3 years immediately before applying
   • Must show evidence of significant socio-economic contribution (e.g., investor or skilled professional)
   • Submit Form 23, questionnaires, police clearance, photos, passport and Alien card copies, employer’s letter, and pay KES 50,000 (processing) plus KES 750,000 (issuance).
6. Is Permanent Residency (PR) the same as Kenyan citizenship?
   No. PR grants indefinite residency and work but does not confer citizenship rights such as voting or holding a Kenyan ID. However, PR can be a pathway to citizenship after meeting additional criteria.
7. Do Permanent Residents have to renew their status?
   While PR status is indefinite, holders must renew residence endorsements every five years and report any changes in personal status or residence to immigration authorities.
8. Can a Permanent Resident apply for Kenyan citizenship?
   Yes, permanent residents may apply for Kenyan citizenship through the prescribed legal process.
9. Can Permanent Residency be revoked?
   Yes. Reasons for revocation include:
   • Obtaining PR through fraud or misrepresentation
   • Violation of Kenyan laws or PR conditions
   • Continuous absence from Kenya for two or more years
   • Serious criminal convictions or disloyalty to the country

Conclusion

Obtaining Permanent Residency in Kenya is a life-changing decision that grants long-term stability, legal recognition, and access to multiple opportunities in one of Africa’s most promising nations for former citizens, long-term residents, children of Kenyans, and foreign spouses. While the process is robust and bureaucratic, it is navigable with the correct information and professional guidance.

At Njaga & Co. Advocates LLP, we specialise in immigration and citizenship law and offer bespoke legal support to individuals, families, and institutions seeking permanent residence or naturalisation in Kenya.

Contact us today to begin your journey toward Kenyan Permanent Residency.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for personalized legal guidance.