REGULARIZING IMMIGRATION STATUS IN KENYA

(Immigration Kenya: series 6)

Regularization of immigration status is the process by which a foreigner who is already within the country applies to the immigration department to have his/her expired immigration status regularized to allow him/her continue staying as he/she wait for issuance of new/renewed permit or pass.

Under Kenya Immigration and Citizens Act, all foreigners within Kenya are required to abide by the Immigration rules by being in the Country lawfully. To facilitate compliance with the law, the Directorate of Immigration services has provision of regularizing immigration status for individuals waiting issuance of initial and renewal of permits and passes or minors of foreigners born in Kenya and visitors coming to Kenya from points where Kenya does not have a border post whereas the country they are coming from has one.

Requirements for regularizing immigration status:

1. Application form 22.
2. Copy of bio data page of applicant’s passport.
3. Proof of a permit/pass application (first page of the application).
4. Payment acknowledgement (receipt) of processing fee.
5. In case of renewal of permit/pass endorsement of the current permit/pass or copy of the Foreign Nationals Cards.
6. In case of Infants born in Kenya – the uploads are the parent’s documents and a birth certificate.
7. On medical grounds, upload doctor’s report.

Once the application is complete, the applicant is required to present his/her passport together with the hardcopies of the uploaded documents to the immigration department for endorsement into his/her passport.

Reasons for regularization

The Immigration department will accept the following reasons among others for regularization of immigration status:

1. Travel ban due to pandemic.
2. Awaiting issuance of permit/pass.
3. Winding up work/project/business.
4. Medication/Treatment.
5. Family matters.
6. Litigation matters
7. Facilitation by International Organization for Migration (IOM) to relocate.
8. Seeking authority to depart.
9. Voluntary relocation by the Embassy.
10. Other reasons depending on the applicant’s circumstances.

Applicable fees

The fees applicable for regularization of immigration status is to be determined upon application.

Other Condition

1. Any person who contravenes any provision or requirement concerning Regularization commits an offence and is liable to a fine or imprisonment or both.
2. An immigration officer cannot regularize an applicant’s immigration status unless he or she is satisfied that the applicant has met the above requirements.

At A.O.WANGA ADVOCATES we are happy to assist you with regularizing your immigration status. Contact us on info@aowangaadvocates.com or +254794600191.

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