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DEPENDANT’S PASS OF A FOREIGN SPOUSE IN KENYA

 If a marriage was solemnized between a Kenyan and a foreigner under a system of marriage (civil, Christian, Islamic, Hindu, etcetera) that is recognized under Kenyan law, then, for all intents and purposes, a spouse who is a foreign national, shall be deemed to be a dependant once the couple decide to return to Kenya and therefore shall have valid residence in Kenya. This is according to Section 34 (3) (c) of the Kenya Citizenship and Immigration Act of 2011 (hereinafter referred to as “The Act”).

For the foreign spouse to enter the country, then, he or she shall need a Dependant Pass that will allow the spouse to be in Kenya up to the time he or she will be able to apply for Kenyan citizenship. For the foreign spouse to have this pass the following is required;

  • A duly filled and signed Form 28 – Dependant Pass online form.
  • Detailed and Signed Cover letter from the applicant addressed to the Director of Immigration Services
  • Two (2) recent coloured passport size photographs of the dependant
  • Copy of a valid national passport / National ID (bio-data page) for both the applicant and the Dependant.
  • Evidence of the relationship between the applicant and the dependant i.e. duly certified copies of marriage certificate, birth certificate, and death certificate, whichever applicable
  • Proof of sufficient and assured income to sustain self and the dependant.
  • Documents in foreign languages should be translated into English by either the Embassy, Public Notary, or authorized /recognized institution
  • Documentary Proof of any other condition leading to dependency e.g. Medical condition, disability, age among others.
  • A valid copy of permit for those applicants holding a work permit (at least six months prior to date of application).

Once the Application has been lodged and it is approved, the foreign spouse shall receive the pass and can legally reside in Kenya.

References

1.      Kenya Citizenship and Immigration Act of 2011

2.      Marriage Act of Kenya 2014

3.      https://fns.immigration.go.ke/infopack/passes/dependantpass/