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Kenya/Residence permit by marriage

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Len wrote at 2012-10-25 09:40:07
Hi Carsen , my name is len and hope this helps:

TheConstitution and The Kenya Citizenship

and Immigration Act , 2011 have since

sorted out this mischief. Under Section 11

of, a person who has been married to a

citizen of Kenya for a period of at least

seven years shall be entitled, on

application, in the prescribed manner to be

registered as a citizen of Kenya, if -marriage was solemnised under a

system of law recognised in Kenya, whether

solemnised in Kenya or outside Kenya;

(b) the applicant has not been declared a

prohibited immigrant under this Act or any

other law;

(c) the applicant has not been convicted of

an offence and sentenced to imprisonment

for a term of three years or longer;

(d) the marriage was not entered into for

the purpose of acquiring a status or

privilege in relation to immigration or

citizenship; and

(e) the marriage was subsisting at the time

of the application.

(2) The conditions for registration provided

in section 11(a) to (d) shall apply to a

widow or widower who has applied for

registration under this section.

However, under the Act, a widow or

widower who marries a non-citizen before

the expiry of the period of seven years shall

not be entitled to acquire citizenship by

registration under this section.

Section 11 and 12 of The Kenya Citizenship

and Immigration Act , 2011 is a very

progressive provision in that it embraces

equality in the marriage. Under the old,

only men could confer citizenship to his

wife and not the other way round. This

occasioned a lot of inequality and offended

the Convention on elimination of all forms

of discrimination against women. Article 43

(3) of The Constitution stipulates that

parties to a marriage are entitled to equal

rights at the time of the marriage, during

the marriage and at the dissolution of the

marriage.

The legislator did not leave out the widows

and the widowers. Under Section 12(1) of

The Kenya Citizenship and Immigration Act ,

2011 a foreign national who has been

married to a citizen who but for the death

of the citizen would have been entitled,

after a period of seven years, to be

registered as a citizen of Kenya under

section 11, shall be deemed to be lawfully

present in Kenya for the unexpired portion

of the seven years and shall be eligible for

registration as a citizen on application in

the prescribed manner upon expiry of the

seven year period.


Len wrote at 2012-10-25 09:40:14
Hi Carsen , my name is len and hope this helps:

TheConstitution and The Kenya Citizenship

and Immigration Act , 2011 have since

sorted out this mischief. Under Section 11

of, a person who has been married to a

citizen of Kenya for a period of at least

seven years shall be entitled, on

application, in the prescribed manner to be

registered as a citizen of Kenya, if -marriage was solemnised under a

system of law recognised in Kenya, whether

solemnised in Kenya or outside Kenya;

(b) the applicant has not been declared a

prohibited immigrant under this Act or any

other law;

(c) the applicant has not been convicted of

an offence and sentenced to imprisonment

for a term of three years or longer;

(d) the marriage was not entered into for

the purpose of acquiring a status or

privilege in relation to immigration or

citizenship; and

(e) the marriage was subsisting at the time

of the application.

(2) The conditions for registration provided

in section 11(a) to (d) shall apply to a

widow or widower who has applied for

registration under this section.

However, under the Act, a widow or

widower who marries a non-citizen before

the expiry of the period of seven years shall

not be entitled to acquire citizenship by

registration under this section.

Section 11 and 12 of The Kenya Citizenship

and Immigration Act , 2011 is a very

progressive provision in that it embraces

equality in the marriage. Under the old,

only men could confer citizenship to his

wife and not the other way round. This

occasioned a lot of inequality and offended

the Convention on elimination of all forms

of discrimination against women. Article 43

(3) of The Constitution stipulates that

parties to a marriage are entitled to equal

rights at the time of the marriage, during

the marriage and at the dissolution of the

marriage.

The legislator did not leave out the widows

and the widowers. Under Section 12(1) of

The Kenya Citizenship and Immigration Act ,

2011 a foreign national who has been

married to a citizen who but for the death

of the citizen would have been entitled,

after a period of seven years, to be

registered as a citizen of Kenya under

section 11, shall be deemed to be lawfully

present in Kenya for the unexpired portion

of the seven years and shall be eligible for

registration as a citizen on application in

the prescribed manner upon expiry of the

seven year period.


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Gichuchu Okeno

Expertise

I am can answer questions about Kenya, Tourism, safari booking, Civil marriage and divorce in Kenya, starting business in Kenya, children adoption, immigrating to Kenya, Visa, retirement in Kenya, safari pricing, hotel rates.I also answer questions about different Kenyan culture, resident permits.

Experience

I am a tour operator Brayogo Safaris Company Limited - based in Tsavo - Voi,Kenya for the last 8 years. I do gemstone collection as a hobby,especially gemstones that are mined in Tsavo Kenya Buying gemstone in Kenya and Tanzania,question on buying Tsavorites and other gemstones,

Organizations
www.brayogosafaris.com

Publications
discovery of change color garnets in Kenya, http://www.roskingemnews.com/Master_Page/KenyaColor.aspx

Education/Credentials
Molo Township College

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