KENYA DEPENDANT PASS APPLICATION: ARE MALE SPOUSES ELLIGIBLE?

I know many people have written to me seeking various answers for their spouses on what to apply for them to confer residency. According to the constitution of Kenya 2010 article 45 confers the right to family and marriage to spouse of opposite sex. Section 11 of Cap 172 laws of Kenya ( Kenya Citizenship and Immigration Act 2011) provides for spouses of Kenyans acquiring citizenship by marriage while section 37 provides for acquisition of permanent residence based on marriage while section 36 provides for passes, including dependent passes for spouses of Kenyans as well. Section 27 (2) B. of the Kenya Citizenship and Immigration Regulations 2012 specifies that a spouse of a Kenyan can be issued with a Dependent pass if they apply in the prescribed manner.

My view is that none of these provisions of the law talk of the gender of the spouse meaning that either a male or female spouse of a Kenyan qualifies. However, there has been some hesitation from some Immigration officials dealing with such applications when male spouses of Kenyans apply for Kenya Dependant Passes (KDPs). This is partly due to historical and security reasons. It is important to note Kenya Immigration may ask for more documents in support of such application and even call the said spouses for an interview to find out some more information that may be useful in helping in the issuance of the KDP. This should not be construed to mean that such applications are being declined….I know for obvious reasons, most African societies are patriarchal in nature and in most cases men are “not expected” to depend entirely on women for upkeep! This is not in the spirit nor in the letter of the law and therefore cannot be used to create bottlenecks to spouses of Kenyans.

This brings me to another point: There is need to consider creating a category of work Permit for spouses of Kenyans who choose to be on KDPs rather than Permanent residence (PR) or acquiring citizenship as spouses of Kenyans. However, the assumption is spouses of Kenyans should apply for  PR that allows them to work…the challenge with this is that one need to have been married for at least 3 years before they can apply for PR meaning that those who are newly wed cannot apply for this and KDP doesn’t allow them to work. It is therefore my personal view that we need to come up with a category of work Permit like the former class D to allow spouses of Kenyans to work in Kenya instead of being stay at home mums and dads as is the case with KDP holders.

I could be wrong but we at least need to accept that Kenyans, male or female will continue to marry foreign nationals who will opt to reside with their spouses in Kenya. So folks lets discuss this issues that is affecting a big number of Kenyans married to Foreign Nationals.

28 thoughts on “KENYA DEPENDANT PASS APPLICATION: ARE MALE SPOUSES ELLIGIBLE?

  1. Since polygamy is now legal can people who are in Islamic or polygamous marriages apply for KDP after marriage if they have more than one spouse?

    Like

  2. Am married to an Indian guy for the past six yrs now..n blessed with a daughter..i want to apply for a dependant pass for my hubby as I hav all legal documents with me..is it possible coz am Kenyan…thank you ..Nadia

    Like

  3. Hi George, I’m a Kenyan citizen who has been going through this process with my American husband since May of this year. We have been married for 8 years and relocated to Nairobi last October. He’s been in and out of the country renewing his Kenyan visa while the dependent pass application is being processed. This has been very expensive and disruptive because we have two small children and are living on my income as he cannot work in Kenya. We’ve had several immigration officials outrightly state that my husband will not be issued with a dependent pass and that we should just apply for a work permit. In your first paragraph you cited all the various articles of the constitution that allow the spouses of Kenyan citizens the ability to acquire dependency, permanent residence, and citizenship. Why should I pay for an expensive work permit that I’ll have to renew annually, when the constitution allows me the right to give my spouse a more stable and sustainable status? This has been very demoralizing to hear as we cannot directly apply for permanent residence or citizenship. Technically we are eligible because we’ve been married for 8 years, but because he has not “resided” in the country, we have to first get a dependent pass. Is there any other option available to us other than the dependent’s pass? My husband and I have suffered jeers and other humiliating remarks at Nyayo house from immigration officials. The officer who accepted our application laughed and mocked us, exclaiming for all to hear “Ati who is dependent on who? This big man? Dependent on you? Hahahaha!” Needless to say, it has been a very frustrating and trying period in our lives. We want to raise our children in my home country. Why can’t this senseless discrimination just be put aside?

    Like

  4. I live in the North America right now but I want to get dependent pass. My wife is Kenyan citizen she wants to apply the dependent pass for me but she lives in northeastern Kenya (I mean ruler area). so how she can apply without her coming to Nairobi?. or is it something I can apply myself if I come to nairobi?

    Like

    • Hi Dakir. Your Kenyan wife must travel to Nairobi to make the application once she has all the requisite documents. It is her that will apply on your behalf not the other way round. If you have read my blogs, you will see I have advised that dependent pass for a male spouse is not a mean task…if at all it will be considered. Should this be issued, then you will be a stay at home dad because you can not work or run a business on a dependent pass. Having said that, she can still try and apply for you and see how Immigration will handle it. Hope this is useful

      Like

  5. Hi, George
    Kenya work permit, is it only allowed to work for the employer who requested the permit for me or I can work other employer if I leave the first one ?

    Like

    • Most Welcome. Please note that a work permit is specific to an employee and employer. It is not transferrable to another person or another company. If you change jobs, it is cancelled and new one applied under your new employer. Hope this is useful

      Like

  6. I am strongly believing in getting to work with KDP. They should at least give opportunity to dependents to work as they will add something in economy. I am an ICT graduate and depending on Kenyan Husband, have work experience of almost 12 years and had to sit at home because of same reason. Work permit so expensive that even if I am a good candidate for some organizations, they hesitate to buy my work permit. I really want to request that we who are married to Kenyans and can work and also going to stay in Kenya should get special work permit or allow us to work with dependent pass.

    Like

  7. Hi George,
    Thank You for the counsel you are offering; it’s a blessing. I am a kenyan lady married to a zambian man for 13 years now. He lived in Kenya about 7 years, before we married in Kenya and had a child, thereafter, we all moved to Zambia, where we lived for ten years, before our relocation to SA…..and now,we are in Kenya. He entered Kenya three weeks ago on a visitors visa. We want to live here for now, as our daughter in now in school here. Does he have to get any permit before a dual citizenship? He needs and is able to work too. The government e-service has not given me any conclusive guidance on this. What do you advice? Thanks,Charity

    Like

  8. Thank You George.It’s unfortunate it appears an expensive process just for families to be united! Is the work permit specific or can it be a general one?meanwhile,what’s the longest duration allowed to stay as a visitor?he got a three month stamp….

    Like

  9. Hi George I’ve been married to my Kenyan wife now for 6 years January 2017 she has been living with me in the uk and has PR here we are wanting to come back to Kenya because after all home is where the heart is , I want to work there but we seem to never get a straight answer
    when can I get residency ?
    to stop all the costly work permit renewal every year
    Do I have to be in town myself, To apply or can family take in my documents for me ?
    On line / in country ?
    Surely the right to be together should apply and it shouldn’t just be one way ref getting permits after all,
    I’m a big guy like in previous posts but I was raised by just a woman and they kick ass
    Thanks George

    Like

  10. Hi George,
    I’m married to Kenyan wife now for 9 years. I’m legally married at Kenyan marriage office in Nairobi and we are happy with our life here , but wife want to be back to her country Kenya. Want to know if I could get a working permit to work as I have 2 kids with my wife.
    Regards
    B.Roopun

    Like

  11. It is saddeing to learn that the consititution is not clear on how to deal with foreign spouses married to kenyans. Totally discriminative on female kenyans who are married to foreigners that want to settle in Kenya . All kenyans are to blame for electing members of parliament who do not understand their purpose in parliament.
    All spouses have a right to be citizens on application and a right to stay on family visa, a right to work, a right to invest and own property. Most of the immigration officers need training on these laws, then kenya can become one of the greatest nations on earth.

    Like

    • I fully concur Emo. I have looked at the posts here and wonder what the state of play is for those who take up Dependent Spouse and would like to find out what the boundaries are i.e. can they undertake any kind of work in order to earn their keep instead of being stuck at home?

      Otherwise the Foreign Nationals will move on and take any gifts they have to offer the country with them.

      Like

    • I fully concur Emo. I am looking to nout more info on the boundaries of Dependent Spouse i.e. can they undertake any kind of work in order to earn their keep , else they are stuck at home in limbo.

      If that’s the case, then I can only see the Foreign Nationals taking their gifts with them and moving on, instead of offering them.

      Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s