Class k visa

Hi everyone,
Please this is urgent,my boyfriend,retired ,is planning to move to kenya from USA permanently. The problem is,getting a class k visa is a hassle,he gets social security or pension,not sure how people from the other side call it,but it's not enough to qualify him for class k visa. What can we do? He can't afford to travel in and out of Kenya all the time. I really need you help those who have information or may have experienced this
Thank you.

If he isn't earning enough and he can't find an official who is prepared to bend the rules (for something in return) then he may not be eligible for a Class K, unfortunately, as the government do ask to see your financial records.  Bear in mind that the Class K is only valid for two years before he will need to reapply, possibly with the same hassle.

Are you working? Could he try for a Dependents Pass?

I just got registered as a high school teacher waiting to be formerly employed but I work here and there but off the record,if we find an official(hoping this doesn't get me into trouble) willing to bend the rules for us we'll cooperate because it's going to be expensive to pay this every two years

According to my information a class K permit would require a garanteed annual income of USD 24.000. I believe that would be relatively easy to proof when your bf is a retired American. If that amount would be too much, you should be asking yourself if it is wise to proceed as life could be relatively expensive in Kenya unless you know your way around. But like in every case, having a proper network in Kenya could turn out to be very useful.

Thank you. I think the best way is to register him as a dependent. We'll see how that goes.

Can you register a boyfriend as a dependant? I though it was only a husband?.
from what I understand people enter kenya on a 3 month visa and renew this once they are there for a further 3 months, they must then leave and return again to do the same.

You are correct.  Only a spouse, or your children (or both) are eligible for a Dependents Pass.

What Snowmoon suggest is what I believe most retired people do when they come here. Then they apply for the K visa when already here. I know two guys who were not able to reach the income limit set by Immigration. They eventually left the country because Nairobi is a very expensive place to live, so maybe the income minimum limit is not a bad thing. If you plan to stay in a village it's different of course.

If he has cash capital in US he can try to set up a sort of fund with an financial institution in US, which guarantee a stable yearly interest. That interest can be used to reach the income limit in addition to the pension.

Personally I believe it is both immoral and unfair to even mention the possibility of bending an immigrant officer with money. It is not fair to those of us who patiently go through the procedures in a straightforward way. It is also a bit daft to try it because you might get caught and get a negative comment on your immigration file and one day when you are happily married and you apply for the permanent residence permit, they might deny you.

What Snowmoon suggest is what I believe most retired people do when they come here. Then they apply for the K visa when already here. I know two guys who were not able to reach the income limit set by Immigration. They eventually left the country because Nairobi is a very expensive place to live, so maybe the income minimum limit is not a bad thing. If you plan to stay in a village it's different of course.

If he has cash capital in US he can try to set up a sort of fund with an financial institution in US, which guarantee a stable yearly interest. That interest can be used to reach the income limit in addition to the pension.

Personally I believe it is both immoral and unfair to even mention the possibility of bending an immigrant officer with money. It is not fair to those of us who patiently go through the procedures in a straightforward way. It is also a bit daft to try it because you might get caught and get a negative comment on your immigration file and one day when you are happily married and you apply for the permanent residence permit, they might deny you.

Practically this 'bending' is not so easy either after the online application system was introduced.

In my case, Torewest the immigration officers dealing with my application insisted on a bribe.............and I did have the money to meet the criteria for the visa.  Because of the risk, the bribe was correspondingly large and there were three people involved in getting the application through the committee.   Sure it's wrong, but it was made clear that no bribe meant no Class K permit, as my application was 'complicated'.

At the same time, I was given the Class K as the only option to move my immigration status forward.  Part of it appeared to do with my wife's status as a dual passport holder, which certain immigration staff seemed to have an issue with, so they weren't going to make it easy for me.

I would hope that things have moved on and with the online process, the demands for 'chai' have faded away.

A friend of mine has a dependency visa class K as his wife is Kenyan: He pays 100000ksh per year he cannot work and has to rely solely on his wife's income, renewed 2 yearly. He has an ID card.

Not that people like to hear this but i abhor cities!.

Currently living between continents, i choose to live in the wilderness, nearest village 12kms away, it's far safer than one may imagine, wild animals or otherwise it's heaven. People really look out for you.
 
To see enjoy and really experience Kenya in all it's glory is a true gift, the countryside is magnificent, it has been lived on and cared for by strong beautiful people for many centuries, it is a great honor to enjoy and share what has been created.

Naturally we all must play our part in keeping communities supported, being from Europe we can brings some great opportunities for locals, improving schools, health, etc, sponsors for education etc.. Giving to the local community all you can, is rewarded with great respect.

Snowmoon; a Class K permit is different from a Dependents Pass. There's no 'dependency visa class K'

For the Dependents Pass you must be married and your Kenyan spouse must be able to support you.

For a Class K you need to have a source of income other than from work (investments, rental income etc) of equivalent approx $24,000 per year. You don't need to have a spouse to apply. 

The Class K costs Ksh 100,000 per year.  Dependents Pass much less.

They are two separate issues then ,
Good to hear that dependancy pass is costing less, do you have any idea? my friends say they use the dependancy pass for two years and he pays 100,000 each year and says it's renewable every two years is this correct.

Like Longonot writes, it seems that you are mixing up two different passes/permits.

A dependants pass cost only 5.000 shs. It is the Kenyan who applies for that pass if he or she can prove an income high enough to cater for the foreigner. The foreigner gets no rights to work.

The Class K permit is probably what your friend has. That one costs 100.000 shs per year and it can be renewed. You do not need to have a Kenyan spouse or partner to get it. It does not give you any right to work. Like Longonot writes, it's mainly about proving that you have a regular secure income from abroad of 24.000 USD annually.

If you marry, the foreigner can apply for a permanent residence permit after three years of marriage.

I believe these options above are the only alternatives to just getting a visa  and renewing it at expire.

I have excluded those who have work permits, are investors or those doing business which have other specific requirements, like high fees.

Thank you this is clearer for me now, bureaucracy is not my forte... I'm hearing a lot of different things which may suit different people into different situations, it's making a little sense now..
Regarding lawyers and information concerning myself and my husband purchasing land, I'm at a loss because I have a (rather expensive) lawyer in Nairobi telling this is not a problem. Hard to trust any advice as it appears different in different situations?..

It depends on the land ie; not gazetted as agricultural.  Otherwise no its not a problem as long as its leasehold/can become leasehold on purchase.

A deviation from the law may well result in problems when you come to sell, so its worth getting it right.

A foreigner can apply for a permanent visa after 3 years, has this changed from 7 years?.
If this can be obtained would the foreigner still have to prove an additional income from elsewhere?
Then apply for a dependancy pass?.. or would there be no passes required.

If you are married to a Kenyan citizen, you can apply for Permanent Residency after 3 years (and assuming the relationship is continuing).  The 7 years applies to those who are not married.  I believe that the application process takes over a year.

Once you have Permanent Residency, you can legally work in Kenya, so wouldn't need a Dependents Pass, or other type of permit (you can only be the holder of one type of permit at one time).

Hi
Your boyfriend can get a tourist  visa on arrival at a cost of 50 USD. This will be good for 3 months. he can then get a further extension of 3 months and a subsequent further extension of 3 months. This brings the total duration/stay to 9 months. beyond 9 months he will have to register as an alien under the various categories of permits and passes.

Your boyfriend will not qualify for a dependent pass since he does not fall within the definition of a dependent as per immigration laws.

Best bet would be to apply for a Class G (Investor/Director/Consultant) Permit. The only hurdle is that he would have to prove availability of USD 100,000 for investment purposes P.S The immigration authorities have been known to accept USD 60,000 or even proof of funds already invested e.g Vehicle log books e.t.c.

The application fee for a Class G is Kshs 10,000 while the issuance fee is Kshs 200,000 totaling to Kshs 210,000

A Class K Permit is not a good idea as it will limit your boyfriend's earning capacity while in the country, and we don't want this do we?

Well this is excellent news thanks.
Of course it will last not expecting anything other than eternity!.
Would my husband have to prove his income, I'm afraid my Kiswahili is poor, I rarely meet people speaking this language only when I go to the big towns. Would I have to take a verbal exam as I hear about in other countries?.

<<This will be good for 3 months. he can then get a further extension of 3 months and a subsequent further extension of 3 months. This brings the total duration/stay to 9 months.>>

This information is INCORRECT.  There has never been an option to extend a 3 month visa twice (except possibly through corrupt means).  You can extend a 3 month visa by a further 3 months only, after which you must leave Kenya (and the East African Community), before returning. 

The Class G Permit requires you to have a registered company in Kenya.  I understand that proof of funds invested to the amount of $100,000 is considered.  the actual wording from Immigration is: 

Documentary proof of capital to be invested at least USD 100,000

<<immigration authorities have been known to accept USD 60,000>> 

Only with a massive bribe, which would likely cost an additional Ksh 100,000 or so.

The Class G Permit will not permit you to work in any job that you please, as its linked to the business that you have registered!

<<Would my husband have to prove his income>>

Snowmoon; what type of visa is your husband interested in?  For a Class K Permit, you have to provide evidence that you have an income from sources other than working in Kenya.  So, property rental income, salary paid in a different country from working online, income from investment, for example.  The income needs to be around £17,000 per annum.

Regarding the language; Kiswahili is the language that you should learn, as it is the 'national language'.  People do tend to communicate in their mother tongue, but would also be able to communicate equally well in Swahili.

There is a language test for things like permanent residency, or so I understand.

Perhaps I was unclear, my husband is Kenyan, lives in kenya, I was referring to his income i.e would he need to prove his income for me to gain citizenship. I currently work in UK, have good income
it's fairly tough living apart for years. I am fortunate to have work but considering giving it up.

INCORRECT you say!

First of all, let me give credit where its due, Longonot62 seems to have an okay grasp of Kenyan immigration procedures (Its the substantive law governing said procedures that seems to be evading him/her) . The procedural framework operates on a substantive legal framework that adheres to principles such as the right to be heard, fair treatment e.t.c. Did you know it also provides for appeal mechanisms...

Secondly, like in many other jurisdictions, residency in Kenya is determined on the basis of "a 90 day stay", The third extension can be procured in several ways including that dubious border jumping tactic mentioned earlier by Longonot62. My suggestion is walk into the department of immigration and request for a third extension, its as easy as pie. All I can say is get familiar with Kenya Citizenship and Immigration Act of 2011 and its corresponding regulations. You too Longonot62.

Thirdly, do not believe that the Kenyan Department of Immigration is a cesspool of bribe seeking individuals. There are some nice guys in there doing their job and they can confirm the information in my previous post.

Fourthly, stop seeking redress from the clerks at the Department ,they're just paper pushers. Their superiors are the best source of factual information. The second best source of information is lawyers/Immigration consultants with a proven track record.

Lastly, I stand by my previous post.

Cheers

BenthamConsults;  I know lots of foreigners who stay in Kenya on serial single entry visas.  I don't know of a single one who has managed to extend a 6 month visa by a further 90 days.  After 6 months, they 'border hop' (which immigration increasingly dislike), in order to renew their visa.

I don't see anywhere in the Kenya Citizenship & Immigration Act (2011) that refers to the period of validity of a single entry visa.  However, I also quote from the immigration website:

A single entry visa is valid for 3 months before you travel. Present yourself to immigration control at the port of entry, you may be issued with a stay period not exceeding 90 days. 

Your stay period may be renewed for a further 90 days at the immigration headquarters in Nairobi. The maximum number of days a visitor may stay in Kenya is 6 months.


I stand by my previous post.  Your information is not correct.

I have also been through the application process for a Class G permit and a Class K permit and been openly asked for bribes, so I do have some experience, but I am not a legal expert and neither do I claim to be!

Just want to say that in the past there has not been any language test in the process of applying for permanent residency. Is this a new obligation, Longonot? That would be very strange since even some Kenyans don't speak Kiswahili. After 15 years in Kenya I must admit that I'm surviving very well with much Kiswahili. If living at the coast or outside Nairobi, I guess Kiswahili is necessary. In Nairobi, even if I try to say something in the local language, most will reply back in English anyway. English is one out of two official languages here.

About the discussion whether you can get a second extension of the 90 day visa I am a bit surprised that BenthamConsults categorically state that that is a piece of cake. My impression is that if someone has a spouse or children in Kenya, the immigration is more liberal regarding extensions. But if you don't have family here, I have not heard of anyone who has gotten a second extension, so am agreeing with Longonot on that. It would be interesting if BenthamC could refer us to some more solid sources than general rights of the individual.
But I agree with BenthamConsults that never go into a discussion with the officers at the desks on ground floor. Upstairs on 5th or 7th floor I have always received polite and well informed info.
Snowmoon, if you are the foreigner and your husband is a Kenyan staying here and you are officially married, it's all about you getting through those three years before you can apply for the Permanent Residence Permit. So if you are married you are likely to get that second visa extension so that in practice you can stay up to 9 months. After 9 months maybe it's nice to visit your original country anyway before starting all over again with visas. I'm not repeating the alternative of the Class K visa since it has been described here several times already. But you cannot work in Kenya during this waiting period of 3-4 years. Unless you do the investment/business alternative.

Thank you Torwest for explaining, i'm a little clearer now. Good to read I can extend my visa if needed to 6 months as I reduce my work in the UK. Hope it's ok for me to have employment in my own country?.

I understand I'm unable to work in Kenya until such time as I (hopefully) gain citizenship!, or alternatively apply for other types of visas.  I've continued my work in UK as like all migrants we must to do what's necessary to survive and be happy. Having read up on citizenship, Kiswahili is not spoken in our village, I'll need to study the language online.

The issue with bribes: concerns me, in UK we are unfamiliar with and don't understand I this at all. I feel sick to my gut when I'm stopped in my car by police asking for money it is sickening, Kenyans deal with this day in day out sadly.

Hi,

It's me again.

6 months + 90 days was definitely not in my post or I'm very poor at expressing myself in English.
My point on extension is 30+30+30= 90 days. Beyond 90 days you have to register as an alien.

I stand by what I said about Class G. The reason we have different stand points on this is because every application is unique. The clerks at the eFNS section merely regurgitate what is on the various application checklists. Go see the policy makers upstairs, they'll help you understand the intricacies of Kenyan immigration.

It's sad to hear that bribes/facilitation fee is the order of the day. I agree it happens (even to me) but it's not as rampant as you say. I know you'll ask "Rampant in relation to what?". I don't get victimized as much as the average walk in applicant because I leverage on my past experience/relations with the Department. I insist, if in doubt walk up to one of the senior immigration officers and lay your case bare.  Stay away from the clerks/brokers idling in the eFNS section, most will definitely ask for a bribe and will be of little assistance



Cheers

Hi,

I think I did not put myself across clearly. I meant that you can easily extend your stay past 90 days with other visas but not with a visitors visa.

Thanks for agreeing with me about going up to the 5th and 7th floor. If foreigners in Kenya got their information from the policy makers upstairs as opposed to the banking hall, they would have an easier time with their applications.

I stand by my previous post

Cheers

Torewest: regarding the language. The constitution says that part of the condition about being granted Permanent Residency is being able to demonstrate that you have a grasp of Kiswahili, or other local language, as well as cultural knowledge.  No specific test is detailed.  If you weren't 'tested', then it's probably like so many aspects of immigration, which is finding an officer who is reasonable and helpful.

To pick up on a previous comment:  I quote:

<<Personally I believe it is both immoral and unfair to even mention the possibility of bending an immigrant officer with money>>

I think that you have misunderstood.  It was the immigration officer who 'bent' me.  I was approached after submitting my application, to pay a bribe, or face being denied the permit.  I was told that my application 'was complicated' and the bribe was required to get it through committee.  Like you, I don't support corruption, but when faced with such a situation, what do you do?

Most expats that I know have faced similar situations.  Immigration officers know that they have you backed into a corner.  I believe that you have just been fortunate in the fact that you haven't been placed in this position. 

I would sincerely hope that the online system helps to eradicate this, but as the system is still partially manual, there is still plenty of scope for corruption, unfortunately.