Date of publication:

03/02/2025

Kenya

Do domestic laws and policies provide refugees or stateless persons access to permanent residency status?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Permanent residence is provided under section 37 of the Citizenship and Immigration Act, which outlines the persons eligible to apply for permanent residence status in Kenya. First, persons who were citizens by birth but subsequently renounced their citizenship or otherwise lost their citizenship status. Second, those who hold work permits for at least seven years and have been residents in Kenya for three years before making the application. Third, children of Kenyan citizens born outside of Kenya and who acquired the citizenship of the domicile country. Fourth are spouses of Kenyan citizens married for at least seven years. 

Refugees in Kenya may have the legal venue to get their permanent residency permit either by securing a work permit as prescribed under the seventh schedule of the Kenya Citizenship and Immigration Regulations, 2012, class M work permits are set aside for refugees and the spouses of refugees who intend to take up employment or engage in a specific occupation, trade, business, or profession. Permanent resident status confers a wide array of rights on the holders, or by marrying a Kenyan Citizen as provided under section  37(d) of the Immigration and citizenship Act. 

    LAW & POLICY

    Related provisions of domestic law or policy

    Citizenship and Immigration Regulations, 2012

    Legal provision

    Regulation 37 - Permanent Residency

    The following persons, their children and spouses shall be eligible upon application in the prescribed manner for grant of permanent residence status in Kenya 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; the spouses of Kenyan citizen married for at least three years.