Marrying a Kenyan, residency and pregnancy

Mplas

Member

Member since 19 January 2024

Mplas

20 January 2024 00:00:25

Mplas

20 January 2024 00:00:25

Hello,

I will preface this by saying I am waiting to hear back from an immigration lawyer to set up a consult appointment but I thought in the meantime I would see if anyone here has any experience with this.

I will be moving to Kenya to be with my partner hopefully sometime in 2024. We intend to get married shortly after my arrival in the country. I have recently learned that even after marrying I will not immediately be able to become a PR through spousal sponsorship or anything like that. I'm hoping that perhaps there is another avenue for me to obtain PR.

We would like to have a baby and given our ages, time is not on our side. With our plan for us to marry and have me move there this all seemed like a reasonable plan. However, if I need to leave the country every few months, I am now very concerned about leaving to a different country while pregnant or, perhaps worse, with a newborn. I definitely can't be doing a 30+ hour flight back to Canada while 8 months pregnant or with an infant.

Has anyone been in this situation? What did you do?

Thank you.

Jeff10

New member

Member since 01 March 2023

Jeff10

26 January 2024 12:39:49

Jeff10

26 January 2024 12:39:49

I don't believe that there is any regulation that requires you to return to your own country of citizenship in order to renew your visa.

I suggest doing some research into travelling to a neighbouring country, for example Tanzania or Ethiopia, and renewing the visa there. It may mean spending a few days away. It also opens up other travel options like using a motor vehicle if this is more convenient than flying.

In a few places in Asia this is what expats with a short-term visa do. Painful to have to do this periodically, but common.

Longonot62

Kenya Expat Advisor

Member since 05 March 2010

Nyeri

Longonot62

27 January 2024 09:16:17

1481

Longonot62

27 January 2024 09:16:17

1481

Nyeri

Concerning PR, you must have been married for at least 3 years and provide proof of the marriage being ongoing - there is no shorter timescale than this. Fortunately, you don't necessarily have to be living in Kenya whilst being married to a Kenyan. Part of the application process involves obtaining a certificate of good conduct from the police and you cannot obtain this (at least by honest means) on a single entry permit.

If your partner is employed and can support you both (evidence of this is required), you will be able to obtain a dependent pass, once married. This will permit you to remain in Kenya, although work of any type (including voluntary) is prohibited.

If your partner will be dependent upon you, then the above route would not be possible.

If you are over 35 and have an income from investment/pension/property etc of $24,000 and over, then you may be able to apply for a Class K Permit.

In terms of crossing the border to renew a single entry permit, it has always been a requirement to leave the East African Community (so going to Tanzania or Uganda would not be an option). I don't know how the recent decision to scrap the single entry visa and introduce the eTA may have changed this.

Planning to have a baby. Better to have the baby in your home country IMHO, as medical bills/healthcare costs are staggeringly expensive in Kenya.

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