Comprehensive Guide to the Dependent Pass in Kenya

What Is a Dependent Pass?

A Dependent Pass in Kenya (DPK) is an immigration permit issued by the Directorate of Immigration Services in Kenya. It allows foreign nationals who are dependents of Kenyan citizens, permanent residents, or valid permit holders to legally reside in Kenya. The DPK is governed under Regulations 27(1) and 28 of the Kenya Citizenship and Immigration Regulations, 2012.. A dependent pass allows a person who is dependent on someone lawfully permitted to enter or reside in Kenya to stay in the country for the duration of the sponsor’s status. The pass gives the dependent permission to enter and remain in Kenya but does not grant the right to work or study – holders are prohibited from education, training, or any form of employment or business.

This pass is essential for maintaining family unity and is commonly issued to:
• Spouses
• Children under 21 years
• Elderly parents or close relatives who rely on the sponsor for financial or medical support

Key Regulatory Requirements

As stipulated in Regulation 27 (2) of the Kenya Citizenship and Immigration Regulations, 2012, the principal requirements for a Dependant Pass are:

• Maintenance Dependency: The person for whom the application is made must depend on the applicant for maintenance.
• Category of Dependant: The dependant must be a spouse or child of the applicant, or, due to age, disability, or another incapacity, be unable to maintain themselves adequately, or otherwise rely on the applicant for maintenance.
• Sufficient Income: The applicant must have an income sufficient to maintain and continue maintaining the dependent for the entire duration of their stay in Kenya.

Who Qualifies for a Dependant Pass?

The pass is issued to individuals who are dependents of:

• Kenyan citizens.
• Work permit holders (e.g., class D work permit holders). To learn more about the available permits in Kenya, read our article Types of Visas, Permits and Passes in Kenya
• Exempt persons (such as diplomats), and
• Permanent residents – To understand the concept of Permanent Residence in Kenya, read our article on A Comprehensive Guide to Applying for Permanent Residency in Kenya

Typical dependents include spouses, biological or legally adopted children under 21, and parents or other relatives who rely on the applicant for support. Foreign spouses who hold their work permits seldom need a dependent pass; however, their children or unemployed partners may require one.

Requirements for Application of a Dependent Pass

To apply for a Dependant Pass, submit the following:

• Completed and signed Form 28 – Dependant Pass Application.
• A cover letter addressed to the Director General of Immigration Services, explaining why the applicant is applying for a dependant pass.
• Copies of valid passports or ID for the applicant and dependents.
• Recent passport photos for the dependent.
• Proof of relationship – marriage certificate for spouses, birth certificate for children or parents’ ID, and for elderly parents, proof of relationship and dependency.
• Proof of sufficient and assured income to maintain the dependent without working in Kenya. This may include pay slips, bank statements or an employment contract.
• Documentary proof of dependency, such as medical reports, disability certificates or proof of age, demonstrating why the dependent cannot support themselves. Medical or legal affidavits of incapacity or dependency, if applicable.
• Valid immigration status documentation (for the applicant, such as a copy of the valid work permit.
• Proof of dependency, such as medical reports or disability statements, if not a spouse or minor child.
• Certified English translations for all non-English documents.

Fees: While application processing is free, issuance fees are charged upon approval. As of November 2024, the fee is KES 20,000 for dependents of Kenyan citizens and KES 10,000 for dependents of work permit and permanent resident holders. East African Community citizens are exempted from paying these fees.

Using the Dependant Pass for Elderly Parents

Kenya recognises the importance of family care, especially for ageing parents. Increasingly, foreign nationals in Kenya wish to bring their ageing or ailing parents into the country for close care, medical supervision, or end-of-life dignity. While the Immigration Regulations do not explicitly state age limits or caps, it is possible to apply for a Dependent Pass for an elderly parent on humanitarian, medical, or financial dependency grounds. Immigration officers will only issue a pass if they are satisfied that the parent “depends on the applicant for maintenance” and that the applicant has sufficient income to support them for the duration of their stay.

Eligibility Criteria for Elderly Parents

To qualify, an elderly parent must typically meet the following conditions:

• Be wholly or substantially dependent on the principal permit holder;
• Be unemployed and not seeking employment in Kenya;
• Demonstrate a medical or age-related need for support and cohabitation with the sponsor;
• Show evidence of familial relationships (birth certificate or legal affidavits);
• There is no pending or past history of visa/permit violations in Kenya.

Grounds for Invalidation of a Dependant Pass

Regulation 28 of the Kenya Citizenship and Immigration Regulations specifies several scenarios in which a dependant pass is deemed invalid:

1. The dependent no longer relies on the sponsor. If the dependent gains financial independence or obtains their work permit, the pass becomes invalid.
2. The sponsor fails or is unable to maintain the dependent. Lack of sufficient funds, illness or other reasons that hamper care can invalidate the pass.
3. The sponsor leaves Kenya for a prolonged period. If the sponsor moves away permanently or for an extended time, the dependent pass is void.
4. The dependent engages in employment or any income-generating activity. Doing so breaches the conditions of the pass and leads to invalidation.
5. The sponsor’s immigration status ends (e.g., permanent residency revoked, or work permit expires).
6. Divorce or legal separation in the case of spouses.
7. Child dependents turning 21. Once a child reaches 21, the pass automatically expires.
8. The sponsor dies: a foreign spouse’s Kenyan Dependent Pass becomes invalid upon the demise of the sponsor. Widows or widowers may need to apply for alternative residence status.
9. False or misleading information in the application process. Violations such as making false statements or presenting forged documents also lead to refusal or invalidation of the pass.

How Njaga & Co. Advocates LLP Can Assist You

At Njaga & Co. Advocates LLP, we understand the importance of family and dignity, especially when it comes to caring for ageing parents or supporting loved ones abroad. We are proud to be a trusted immigration law firm in Kenya, offering personalised and compassionate legal assistance in:

1. Evaluating your eligibility for a Dependent Pass (for all categories, including elderly parents);
2. Drafting and filing accurate, persuasive cover letters and affidavits;
3. Coordinating with the Department of Immigration Services;
4. Assisting with fast-track processing and follow-up;
5. Advising on related permits, citizenship options, and permanent residence;
6. Handling any compliance issues or appeals should a Dependent Pass be delayed or denied.

Conclusion

Kenya’s Dependant Pass is a vital immigration tool for families who wish to reunite with their loved ones. It is designed to allow spouses, children and elderly parents to live in Kenya, provided they rely on a sponsor who has legal status. Applicants must satisfy strict documentation and financial requirements, and holders must observe limitations against work, business, or study.

The pass can be invalidated if dependency ceases, the sponsor leaves or dies, or if the dependent engages in prohibited activities. Ensuring that all critical regulatory requirements are met and engaging experienced legal practitioners can significantly enhance the approval and ease of the application process.

Whether you’re a foreign professional, investor, or retiree wishing to care for your loved ones in Kenya, Njaga & Co. Advocates LLP’s Immigration Law department stands ready to offer experienced, compassionate, and timely legal support.

Contact us today for expert help with your Dependent Pass application or immigration advisory needs.

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