My British Husbands father was born in Kenya to Kenyan parents

Hi there guys and gals,

I've read through a lot of relocation posts and a lot of what has been shared are the options my husband and I have open HOWEVER, I wanted to know if anyone reading this can assist in my case.

I'm Kenyan (born and bred) My husband is British, we got married in December 2015. We've decided to live in Kenya. His father who is now a British passport holder was born in Kenya and a holder of a Kenyan birth Certificate, expired passport and really old ID card, also his mother and father both born in Kenya too. So I'm thinking there has to be a way that my husband (even though born in Britain to a native British mother) is legible to a Kenyan or a dual citizenship? Anyone with any tips or ideas as to how to handle this situation? At the moment he cant work, he's been here on a visitors visa for 3 months, we renewed his visa recently for another 3 months as we source a permanent solution.

Any help would really be appreciated.

Hi,  The following is what The Kenya Citizenship and Immigration Act (2011) states:

Limitation as to descent.
7. A person born outside Kenya shall be a citizen by birth if on the date of birth that person’s mother or father was or is a citizen by birth.

I would advise that you seek clarification at Nyayo House, or consult an immigration lawyer.  It would be useful if you have all the relevant documents to support.  The process may take a little time, so be prepared for him having to leave Kenya and re-enter, if the application isn't thorough by the time his visa expires.  I believe that applications can also be made at the High Commission in London, if necessary.

I think your husband would be able to get Kenyan nationality through you. There was a law passed in 2013 I think will allows a husband to get the nationality from the wife.
Kenya now allows dual nationality so he would be able to hold both British and Kenyan citizenship.
With regards to the getting citizenship from his father - I think this might be possible:
Nationality of a child born abroad to a Kenyan parent. The Kenyan constitution states that "a person is a citizen by birth if on the day of the person's birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen" (Art. 14.1).
Hope this helps.
It would be best to consult a lawyer on this.

Hi there,
According to the Immigration Laws and the Kenyan Constitution your husband is a Kenyan Citizen as it is in the situation you have stated above.
However there are things that may factor before you state that he is a Kenyan Citizen eg did his dad denounce his Kenyan citizenship after he left for a British citizenship? how did your husband end up having a Kenyan passport and latter had a British passport? (Note that before 2010 Kenyan Nationals were not allowed to have Dual Citizenship and a result when one gained citizenship of another country they were forced to denounce their Kenyan one.
The other option is he can get citizenship through you as his Kenyan wife (downside of this is that it may take a while before its processed,)
I hope this helps.

If your husband wants to work in kenya he will need a work permit till he becomes a Kenyan passport holder.

To ONLY live in this country you as a kenyan can sponsor him on a spouse visa and he can live here no problems at all.

To apply for Kenyan passport should not be an issue coz he has a birth certificate and old ID which should help him in getting his Kenyan citizenship. He can hold two nationalities, No issue with that.

<<I think your husband would be able to get Kenyan nationality through you. There was a law passed in 2013 I think will allows a husband to get the nationality from the wife.>>

After 3 years of marriage a spouse is entitled to apply for Permanent Residency and after 7 years, dual citizenship.  BUT to the best of my knowledge (in dealing with immigration), applications take literally least for foreign nationals.  Your husbands Kenyan heritage may well assist him as the government does prioritise people with Kenyan roots.  Looking at the constitution, it looks as if he may well be able to regain citizenship on his own terms, but I would recommend getting further advice on this.

<<To ONLY live in this country you as a kenyan can sponsor him on a spouse visa and he can live here no problems at all.>>

There isn't a 'spouse visa' in Kenya.  It would be a Dependents Pass you would have to apply for.  As stated above, work is prohibited with this pass.

By Kenyan law, your husband should be able to get Kenyan citizenship either sponsored by you - if he is married to Kenyan citizen (or resides in Kenya) for 7 years; or by himself - if he has enough proof, e.g. original birth certificates, that his parents and grandparents were born in Kenya. It looks to me that it may be a lot easier to get Kenyan citizenship through you, his spouse. In either case, it is advisable to have a citizenship lawyer working for you or even a "helper" - a Kenyan citizen who is very familiar how to navigate the government corridors and get the things done. Even if it costs a little bit more, it usually is well worth the extra money, if the "helper", or the lawyer,  or middle-man can get the job done.

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