Permanent residency is a person’s legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis or simply put it on a permanent period. A person with such legal status is known as a permanent resident.

Under Kenya Citizenship and Immigration Act, the following persons, their spouses, children and dependants are eligible for a grant of permanent residence status upon application:

  1. Persons who have held work permits for at least seven years and have been continuously resident in Kenya for the three years immediately preceding the making of the application;
  2. Children or dependants of citizens who are born outside Kenya and have acquired citizenship of the domicile;
  3. Children of registered citizens who are born before their parents acquire citizenship;
  4. The spouses of Kenyan citizen married for at least three years; and
  5. Widows or widowers of Kenyan citizens.

Once the residence status is granted, a holder of permanent residence has the following rights and obligations:

  1. right to enter and remain in Kenya;
  2. right to be employed in Kenya;
  3. right to attend educational facilities;
  4. right to own property legally in Kenya;
  5. right to move and settle anywhere in Kenya;
  6. right to access and enjoy social services and facilities in Kenya;
  7. Obligation to comply with residency obligation as may be prescribed;
  8. Right to be provided with a permanent residence certificate; and
  9. Obligation to comply with such other conditions as shall be imposed.

Requirements for Permanent residence include:

  1. Application letter;
  2. Application for Permanent Residency Form 23 dully filled, signed and commissioned by a Magistrate/ Commissioner for Oaths;
  3. Dully filled Questionnaire by the applicant;
  4. Dully filled Residence Status Form (Except children below 18 years, Ex- Kenya Citizen);
  5. Clear passport size photos (not scanned) placed in a small envelope (No staples/paper clips);
  6. Clear copies of all work permits or dependant passes (Spouses/Children)
  7. Applicant’s mobile phone number, Residential address, postal address and email address;
  8. Copy of a Valid Passport;
  9. Police Clearance Certificate (Original)
  10. Copy of Foreigner Certificate / Registration Card
  11. Evidence of Processing fees payment
  12.  Tax Compliance Certificate from KRA (for Permit holders)

Note that in addition to the above, Nigerian nationals must provide an original National Drug Law Enforcement Agency (NDLEA) Clearance Certificate.

At A.O.WANGA ADVOCATES we are happy to assist you in your application for Permanent Residence and settlement in Kenya.

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