Alien pass vs dependents pass

The 'Alien Pass' or Foreigner Certificate is an ID card, but not a permit to remain in Kenya.  After a stay of 90 days, all foreigners are supposed to register with immigration and the Foreigner Certificate is issued of the validity period of your visa. 

Therefore if you extend your single entry visa (tourist visa) for 3 months, then the Foreigner Certificate will be valid until the date your visa expires.  It is not a visa, or permit in its own right.

A Dependents Pass allows a spouse (doesn't count for non married partnerships) or child of someone who is working and able to support them, to live in Kenya.  However, the holder of a Dependents Pass is prohibited from working (otherwise they would not be 'dependent'!)

Thanks so how long can a person stay in Kenya with an aliens pass ?

Just as long as your visa is valid.  Its not a pass, permit or visa and gives you no right to live in Kenya.  Its an ID card for foreigners, so is issued alongside whatever permit or visa extension you might have applied for.

Makes sense - thank you

Hi,  you can check on eCitizen:
https://accounts.ecitizen.go.ke/login

and then go to the Immigration page:
http://immigration.ecitizen.go.ke/index.php/dashboard

It is not a matter of Alien's Pass vs Dependents Pass I believe (different animals that cannot be compared....)  but the eCitizen should clarify for you.

Good luck and welcome to Kenya!
Henk / Maison Mitwaba

Good Info... tnx

I will love to understand this . When you are legally married in Kenya to a Kenyan woman which pass or visa you suppose to apply for . Because I have a dependent pass and I heard an immigration woman saying men can't be dependent on a woman , even the though Iam the one taking care of my woman and my child . Please advice me further because I understand fully well once you marry a foreign national of a country and got a family you suppose to be entitle to stay in the country if you want and freely

The Dependent Pass is issued on the assumption that you are dependent on your partner.  Despite the law saying otherwise, the old traditional views remain.....that a man cannot be dependent on a woman.

You can legally apply for a Dependent Pass when your wife is working and earning enough to support you. 

It is illegal to work on a Dependent Pass, so how are you taking care of your wife and child?  If you are working then you are breaking the law and risk being arrested and deported, particularly at the moment when foreigners passes are being carefully monitored.

"I understand fully well once you marry a foreign national of a country and got a family you suppose to be entitle to stay in the country if you want and freely" 

No you don't have that automatic right, either in Kenya or in many other countries.  It is a case of being able to apply for a permit to remain in the country.  In Kenya, if you intend to work, then you must hold a work permit - being married to a Kenyan is no exception to this.

I'm the person taking care of my wife  and child and I don't need to have a job in Kenya  to clarify this.I came to Kenya , but I have investments in  my home country that remit funds to me in Kenya that I use to take care of wife and child  . From that perspective of being Married to a Kenyan , you as a foreigner suppose to be entitle to  a  special kind of visa . This is the same done in many countries  around my friend . Even my wife is given that privilege of staying in my country because my government immigration automatically gave her a permanent residency ,


I can't say I'm married and at the same time being treated as if I'm a tourist on tourist visa .Immigration department of kenya needs to review the immigration acts on this matter .

It is illegal to work on a Dependent Pass, so how are you taking care of your wife and child?  If you are working then you are breaking the law and risk being arrested and deported, particularly at the moment when foreigners passes are being carefully monitored.


From this your statement , I can say it is racism of it highest peak . I don't need to be working in Kenya to prove to the government that I am the one taking care of my family .Government doesn't know my background before I came to Kenya. My wife doesn't work , I just open up a small business that she take care of using the same funds that I remitted from my home country from Investments that I have there .  I will take a legal approach toward this , i believe that there is a permit or pass for foreigner in this situation.

I'm Not requesting for a working visa because  . What I'm asking for is a longer duration visa that allows me to stay with my family .I don't need to work here in Kenya . Though , I have a dependent pass , but it needs to be renew for re entry pass visa that is about to expire and I learn that renewing is now done online . But at the time I got the dependent pass , there is an area on the pass written relationship to applicant , immigration put there father instead of spouse . So now when I went to apply for re entry pass using that foreign national portals , the immigration consultancy office that was doing for me , raise that issues that it was not suppose to be father , but rather spouse  since I have a wife and now they couldn't upload my wife passport or ID  along with the dependent pass since the relationship to applicant on the dependent pass was written as father rather then spouse .

But I believe that came about due to that idea that they had that men can't be dependent on woman , even though I'm the one taking care of my family .I think that is why the immigration put on the dependent pass relationship to applicant as father . Now my issue here is , how do I renew online to pay to go and get my re entry visa stamp since they are requesting that you upload the dependent pass along with the person you dependent on before and on the pass the relationship there is father and not spouse .This is confusing

"From this your statement , I can say it is racism of it highest peak"

I don't like your accusation.  Why is this racist?  Please explain before you start accusing people you don't know of things like this, especially when you only provide a fraction of the information.  I am only telling you what the Kenyan law says and for you to legally hold a Dependent Pass, your wife must be working and supporting you and the government need evidence of her income.

My wife is Kenyan too and I already know that fact this doesn't give me an automatic right to stay in Kenya.  I have to follow the law........it is just the way things are.  You are not a special case and neither am I.

"Even my wife is given that privilege of staying in my country because my government immigration automatically gave her a permanent residency."  Different countries have different rules.  It certainly wasn't the case for my wife going to the country I am from.

"i believe that there is a permit or pass for foreigner in this situation."  What you believe should be the case and what actually is available may be different. Take a look on the immigration website for full information on passes/permits.

If you have an income from outside Kenya, then you need to apply for a Class K permit.

If you have set a business up for your wife, then make sure that you have nothing to do with it, unless you apply for a work permit - foreigners have been arrested for working in their spouses businesses.

To have the right to apply for permanent residency, you have to be married for at least 3 years.  This might be an option for you.

Thanks for this my friend . I wish to have more discussion with you pertaining to these immigration laws in Kenya . I do consider and respect every country laws but equally I have a problem with some of these immigration laws .

I will also want to know if a man that is legally married with marriage certificate that doesn't have a valid visa or his visa application was refuse to be renewed by some immigration officers can be deported in regard to being illegal in a country even with prove of his marriage . Reason I'm asking this question  ,because if you are legally married this same laws give the woman right to sue you in court on the basis of child support if you were not supporting your child , got the same right to divorce issues on the properties acquired during marriage on sharing .

Now this is the point , if the same law is not favoring you to grant you a temporary visa for a newly marriage less than 3yrs and you are remitting funds from investments in your home country to a foreign country and taking care of your wife and investing , what happens next after any unfolding marriage issues ?

"I will also want to know if a man that is legally married with marriage certificate that doesn't have a valid visa or his visa application was refuse to be renewed by some immigration officers can be deported in regard to being illegal in a country even with prove of his marriage"

Proof of marriage doesn't give you protection if you break the immigration laws, particularly the law around working and holding the correct type of permit.  There was a recent case (my wife was following) where a foreign spouse, who had set up a business for his wife (a shop), was caught working in the shop when he legally shouldn't have been, as he was the holder of a Dependent Pass (As I understand it).  He was arrested.  Not sure what happened then, but the government message is that offenders will have and pass or visa cancelled and will be deported. 

"I'm asking this question  ,because if you are legally married this same laws give the woman right to sue you in court on the basis of child support if you were not supporting your child , got the same right to divorce issues on the properties acquired during marriage on sharing"

The law relating to child support is nothing to do with immigration law.  Its also much more recent law in Kenya.  There is nothing to stop you from sending money from your investments, whether you are in Kenya all the time with your wife/child or not.  The fact that you decided to get married and have a child should give you an obligation to support them, whether you have been given a visa or not.  When I have been separated from my wife (which has been a lot), I have continued to send money to her, visiting her in Kenya when I am able to.

"Now this is the point , if the same law is not favoring you to grant you a temporary visa for a newly marriage less than 3yrs and you are remitting funds from investments in your home country to a foreign country and taking care of your wife and investing , what happens next after any unfolding marriage issues ?"

It is your choice to invest in Kenya!  You are allowed to invest and make money from investment even as a visitor and may give you the right to apply for an 'investors work permit'.  Kenyan law requires you to have some means of financial support anyway, but investing in the country as a spouse is not seen differently as investing for other reasons.  What marriage does offer is the right to apply for Permanent Residence after 3 years - a much shorter time than if you weren't married to a Kenyan.  To get Permanent Residency, you must hold a Dependent Pass, Class K Permit, or other type of permit, first though.

"I do consider and respect every country laws but equally I have a problem with some of these immigration laws."

If you don't like the Kenyan Immigration law, go live somewhere else, or try complaining to the government!  You have a Dependent Pass for goodness sake, allowing you to live in Kenya...........and still you complain.  Just so you know & understand how fortunate you are:  I have NEVER been able to apply for a Dependent Pass and this is my 22nd year of marriage to a Kenyan, so please, stop complaining and consider your good luck!

Mikey; with regard to your comment about males not being permitted to apply for Dependents Passes and re-entry passes, I found this, which clearly shows that male dependents can apply:

Requirements for a Male Dependent

1)     ORIGINAL Cover Letter from Applicant. The letter must be addressed to THE DIRECTOR OF IMMIGRATION SERVICES, Nyayo House, Nairobi, KENYA. The letter must bear the applicant's Kenyan contacts (address, phone and email) and must be signed. (we can provide draft letters for those using our services)

2)      Application Form 28 dully filled and signed (Form 28 Application for Dependant's Pass)

3)      Copy of marriage certificate (translated into English and certified by Embassy or Notary Public)

4)      Copy of passport, Kenyan ID or Kenyan birth certificate if applicant is Kenyan. Copy of work permit if applicant is non-Kenyan.

5)      Copy of the national passport of the dependent (biographic page AND current immigration status page e.g. tourist visa)

6)      Two passport size photos of the dependent (not older than 6 months, must be taken full face without hat, and the photographs must not be mounted. The size of the face must not be more than 2 ½ inches by 2 inches or less than 2 inches by 1 ½ inches. The photographs must be printed on normal thin photographic paper and must not be glazed).

7)     Proof of sufficient and assured income from applicant to sustain dependent and self (bank statements or letter of income from company)

8)     Certified copy of Sworn affidavit of incapacity/ inability to sustain self

9)     Proof of any other condition leading to dependency, e.g. medical condition, disability among others

10)    ORIGINAL Authorization Letter for Father's Hand Limited if you will use our services (contact us for a draft letter)

11)     The Fee is KES 5,000 per dependent and can be paid via cash

12)    A security bond of KES 100,000 will also be required to be made with your bank or insurance company (to be done once pass is approved). The Security Bond Form will be required by your bank/insurance company. Once the bond is issued, the stamped copy/receipt will then be submitted to Immigration along with the application fee.

13)     Once the payments are submitted, the final pass will be processed after a few days and endorsed in the applicant's passport

RE-ENTRY PASS

Those on Dependent Passes must obtain a 2 year re-entry pass (1 year re-entry pass for those whose spouses have a 1 year permit) and must renew this every time the spouse's entry permit is being renewed. Dependent Passes do not need to be renewed. Dependent Passes automatically expire once the Spouse's entry permit expires.

Requirements;

Fill this form; re-entrypass
Copy of the Dependent Pass
Copy of the passport endorsement of the Dependent Pass
Copy of the passport of the Dependent Pass holder (bio-page)
Copy of the Spouse's permit
Copy of the passport endorsement of the Spouse's Permit
Copy of the passport of the Permit Holder
ORIGINAL passport of the Dependent Pass Holder for the purpose of endorsement of the Re-entry Pass
KES 2,000 cash for a 2 year Re-entry Pass; KES 1,000 cash for a 1 year Re-entry Pass.

With regard to comments related to working/operating a business, I also found this, from the governments eFNS Portal:

It is an offence while in possession of a dependant pass to engage in any form of trade or employment either for gain or not.

So it wasn't me 'being racist' and you really do need to be very careful, as you have stated that you actually aren't dependent. 

It sounds to me that you should really have a Class K Permit, as this is the one you use when you live on funds such as investment income. 

Due to the significant tightening of immigration rules within the last 6 months, renewal of your re-entry pass may be quite awkward. 

Maybe go see a specialist lawyer for advice would be my suggestion.

I've seen that info about the security bond before, but it's not listed at the Immigration Kenya website.  At least, not that I saw.  But if the bond is required, would you know if that costs the whole 100,000 KSh, or only a portion upfront, as with other bonds? 


By the way, I've been looking through the Kenya forums, and have noticed how helpful you are.  I hope your input is appreciated.

Hi, A security (Insurance) Bond valued at Kshs 100,000 will cost you between Kshs 10,000 and 30,000 depending on the insurance company or Bank you choose to use.

Hi,
This bond is given not in cash but either through a bank guarantee or taking on insurance with a local bank/insurance firm. To get this kind of security you will probably spend roughly 20,000/-

Thanks for the info!  Would you know which insurers I should contact?

Thanks!  Can you recommend any insurers for the bond?

Thanks my friend for the information concerning the dependent pass  . Be informed that I got my re entry visa renew , though I spend much behind the process .. Even though , I'm the one supporting my wife and kid in the country .

But I will be relocating back to my home country along with my family . I personally think that is the best way forward for me then applying for a class K permit or work permit . I understand fully about the class K permit , but from my point of view , that is a waste of fund to possess it due to the fact that you can not work on it and the renewing charges are higher .
The Kenyan government needs to look into their  immigration laws  to work out a process for foreigners that are married  to Kenyan nationals with family in the country just like other developed countries in the world .