Permanent Residency or Dependant’s Pass Which Way to Go for a Foreign Spouse

In Kenya, a foreign spouse of a permanent resident can apply for either a Permanent Residency (PR) or a Dependant’s Pass to legally reside in the country. Each option has distinct advantages and limitations, and the choice depends on the spouse’s long-term plans, financial considerations, and specific circumstances. Below is a detailed comparison of the advantages and disadvantages for a resident of Kenya who is not a citizen.

Comparison: Permanent Residency vs. Dependant’s Pass

The issuance of permanent residency in Kenya is governed by Sections 37, 38, and 39 of the Kenya Citizenship and Immigration Act, 2011. Permanent residency grants non-citizens the right to reside in Kenya indefinitely, with certain privileges almost similar to those enjoyed by Kenyan citizens. Applications for permanent residency are processed through the eFNS portal, and eligibility is based on specific categories outlined by the Act.

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Permanent Residency (PR)

Advantages:

1. Indefinite Stay: PR allows the spouse to live in Kenya indefinitely without the need for periodic renewals, offering long-term stability.
2. Work and Investment Freedom: PR holders can work, invest, or start a business in Kenya without requiring a separate work permit.
3. Property Ownership: PR holders can legally own property in Kenya, except for agricultural land, which is restricted to citizens.
4. Access to Services: PR grants access to healthcare, education, and social security services, similar to citizens, enhancing integration into Kenyan society.
5. Path to Citizenship: PR holders may apply for Kenyan citizenship after meeting additional requirements (e.g., after seven years of residency), though this would revoke PR status.
6. Independence: PR status is not tied to the principal’s (husband’s) immigration status, providing more autonomy if the principal’s status changes (e.g., revocation of PR).

Disadvantages:

1. High Costs: The application and issuance fees are significantly higher. For spouses of permanent residents, the total cost is approximately KES 200,000 (processing and issuance).
2. Stringent Eligibility: The spouse must have been married to the permanent resident for at least three years and hold valid immigration status (e.g., a Dependant’s Pass) at the time of application.
3. Long Processing Time: PR applications can take 5 months to 2 years, depending on the completeness of documents and the Department of Immigration’s workload.
4. Revocation Risks: PR can be revoked for non-compliance with Kenyan laws, acquiring citizenship, or if the marriage is deemed non-genuine.
5. No Voting Rights or Agricultural Land Ownership: PR holders cannot participate in democratic elections or own agricultural land, unlike citizens.

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Dependant’s Pass

Advantages:

1. Lower Costs: The issuance fee is KES 10,000 for dependants of permanent residents, making it more affordable than PR.
2. Faster Processing: Dependant’s Pass applications are typically processed more quickly than PR, often within weeks to a few months, depending on submission accuracy.
3. Simpler Eligibility: The spouse only needs to prove the relationship with the principal (the permanent resident) and the principal’s ability to financially support them. No minimum marriage duration is explicitly required for dependants of permanent residents.
4. Re-Entry Pass: Holders can obtain a re-entry pass (KES 5,000) to travel in and out of Kenya during the pass’s validity, ensuring flexibility for international travel.
5. Straightforward Renewal: The pass can be renewed as long as the principal’s PR status remains valid, with minimal additional requirements (e.g., updated re-entry pass or alien card for dependants over 18).

Disadvantages:

1. No Work Rights: Dependant’s Pass holders are prohibited from engaging in any paid or unpaid work or income-generating activities without a separate work permit, limiting financial independence.
2. Tied to Principal’s Status: The pass’s validity depends on the principal’s PR status. If the husband’s PR is revoked or he leaves Kenya, the spouse’s Dependant’s Pass becomes invalid.
3. Limited Long-Term Benefits: Unlike PR, the Dependant’s Pass does not confer rights to own property independently or access certain social services on the same level as PR holders.
4. Renewal Requirements: While the pass itself may not require frequent renewal, dependants over 18 must renew their alien card every three years (KES 5,000 per year), and a re-entry pass is needed for travel.
5. Cultural Bias for Male Dependants: Although not legally mandated, male spouses may face scrutiny due to cultural perceptions of men as primary providers, potentially complicating approval.

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Choosing Between PR and Dependant’s Pass

Choose Permanent Residency if the spouse:

• Plans to stay in Kenya long-term (indefinitely).
• Wants to work, invest, or own property without restrictions.
• Seeks independence from the husband’s immigration status.
• Can afford the higher fees and meet the three-year marriage requirement.
• Is prepared for a longer processing time.

Choose Dependant’s Pass if the spouse:

• Needs a quicker, cheaper option to reside in Kenya.
• Does not intend to work or engage in income-generating activities.
• Is comfortable with their status being tied to the husband’s PR.
• Has been married for less than three years or prefers a simpler application process.
• Plans to stay for a shorter or less certain duration.

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Application Procedure

1. Fill Out Form 28

• Complete the Application for Dependant’s Pass online.
• The husband completes the applicant section, and the spouse fills in the dependant’s particulars.
• Sign the form electronically.

2. Gather Required Documents:

1. A signed cover letter from the husband addressed to the Director of Immigration Services, Nyayo House, Nairobi, requesting a Dependant’s Pass. Include Kenyan contact details.
2. Certified copy of the marriage certificate, translated into English if in a foreign language.
3. Copies of the husband’s PR certificate and valid passport (bio-data page).
4. Copies of the spouse’s valid passport (bio-data page and current immigration status page, e.g., visitor’s visa).
5. Two recent passport-size photographs of the spouse (2.5 x 2 inches, unglazed, full-face).
6. Proof of the husband’s sufficient and assured income (e.g., bank statements, payslips, or a letter from an employer).
7. A sworn affidavit of the spouse’s incapacity to sustain themselves (e.g., due to reliance on the husband), especially if the spouse is male, notarized in English.
8. Documentary proof of dependency (e.g., medical condition or disability, if applicable).

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Submit Application Online

1. Upload all documents to the eFNS portal under the “Submit Applications” tab, selecting the Dependant’s Pass category.
2. Pay the non-refundable processing fee (part of the KES 10,000 issuance fee) via the eFNS portal’s payment options.

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In-Person Submission and Payment

After online approval:

• Print the application form and invoice from the eFNS “Dashboard” under “Payments.”
• Submit the printed application, documents, and a banker’s cheque for the issuance fee (KES 10,000) at Nyayo House, Nairobi, or a regional immigration office.

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Processing and Approval

• Processing typically takes weeks to a few months if all documents are complete.
• If approved, the spouse receives a Dependant’s Pass, endorsed in their passport.
• Apply for an alien card (KES 5,000 annually) for the spouse if over 18, renewable every three years.

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Post-Approval

• Obtain a re-entry pass (KES 5,000) before traveling outside Kenya to ensure re-entry during the pass’s validity.
• The pass remains valid as long as the husband’s PR status is active. Renewal is required only if the husband’s PR status changes or for the re-entry pass/alien card.

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Notes:

• If the spouse is male, include a clear explanation in the cover letter and affidavit addressing dependency, as cultural biases may prompt additional scrutiny.
• Ensure all documents are certified and translated into English by an embassy or notary if necessary.

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Additional Considerations

1. Cultural Bias for Male Spouses: For Dependant’s Passes, male spouses may face challenges due to traditional views of men as providers. A strong affidavit and proof of dependency (e.g., the husband’s financial support) are critical.
2. Document Accuracy: Both applications require precise, complete documentation. Errors or missing documents can lead to delays or rejection.
3. Financial Proof: The husband must demonstrate sufficient income for both PR and Dependant’s Pass applications. Bank statements or tax records are typically sufficient.
4. Revocation Risks: PR can be revoked for non-compliance or non-genuine marriage, while a Dependant’s Pass is void if the husband’s PR is revoked.
5. Alien Card: Both PR and Dependant’s Pass holders over 18 must register for an alien card (KES 5,000 annually), renewable every three years.
6. Travel: PR holders can travel freely, while Dependant’s Pass holders need a re-entry pass for international travel.