Best Dependent Visa Lawyers in Vihiga

About Dependent Visa Law in Vihiga, Kenya

In Kenya, what many people call a dependent visa is formally handled as a Dependant Pass issued by the Department of Immigration Services under the Kenya Citizenship and Immigration Act, 2011 and its Regulations. A Dependant Pass allows an eligible family member to lawfully reside in Kenya on the basis of their relationship to a principal person who is lawfully in Kenya, such as a work permit holder, student pass holder, researcher, volunteer, or a Kenyan citizen. Vihiga residents and applicants process these applications through the national system, typically online via the government platform, with any required in-person steps carried out at designated immigration offices. Counties like Vihiga do not issue visas or passes, but local offices and service centers can help with document services and general guidance.

Common dependants include a legally married spouse, children under 18 years, and in some cases older children in full-time education or dependants with special needs. A Dependant Pass is usually issued for a period linked to the principal holder’s status and is renewable as long as eligibility continues.

Why You May Need a Lawyer

A lawyer with Kenyan immigration experience can help you avoid delays and refusals by ensuring your application is accurate, well supported, and timely. You may especially benefit from legal help if any of the following apply:

- You need to confirm who qualifies as a dependant in your family situation, including adopted children or children over 18 in education.

- Your marriage was celebrated outside Kenya or under customary, religious, or foreign law and you need advice on recognition and proof.

- You or your sponsor changed status, changed employers, or lost a permit and you need to protect your right to stay.

- You want to work or run a business while holding a Dependant Pass and need the proper permit or change of status.

- You have prior immigration non-compliance, overstays, or refusals that must be addressed.

- You need help with document legalization or apostille, police clearances, or translations.

- You are facing family changes such as separation, divorce, or the death of a sponsor and need to understand your options.

Local Laws Overview

- Legal framework: The Kenya Citizenship and Immigration Act, 2011 and the Kenya Citizenship and Immigration Regulations, 2012 set the rules. Guidance is also issued by the Department of Immigration Services.

- Who can sponsor: Typically a person lawfully in Kenya on a valid permit or pass, or a Kenyan citizen, may sponsor their eligible dependants.

- Who qualifies as a dependant: Usually a legally married spouse, children under 18, and in some cases older children in full-time education or dependants with special needs. Evidence of the relationship is required. Parents and other relatives are not commonly approved unless allowed under specific policy.

- Validity and renewals: A Dependant Pass is normally aligned to the principal’s immigration status. Apply to renew before expiry to avoid unlawful presence.

- Work restriction: A Dependant Pass does not authorize employment or business. If a dependant wants to work, they must obtain the correct work permit or pass in their own right.

- Entry versus residence: A visa or entry permission allows you to enter Kenya. A Dependant Pass allows you to reside. Depending on your nationality, you may still need the correct visa or multiple entry permission each time you travel.

- Registration of foreign nationals: Adults staying in Kenya for more than 90 days are generally required to register and obtain a Foreign Nationals Certificate, sometimes called an alien card. Biometrics may be collected.

- Documents and legalization: Marriage and birth certificates must be authentic. Foreign documents may need to be legalized or apostilled and translated if not in English. Kenya accepts apostilles from countries where the Apostille Convention is in force, otherwise embassy legalization is typically required.

- Local practicalities in Vihiga: Immigration is a national function. Applications are submitted online and processed by the Department of Immigration Services. In-person steps such as biometrics or passport endorsements are handled at designated immigration offices in the region or in Nairobi. Local service centers and Huduma Centres can assist with eCitizen access and general guidance, but final decisions rest with immigration authorities.

- Compliance and penalties: Overstays or working without authorization can lead to fines, cancellation of status, detention, or removal. Keep your documents valid, carry identification, and update your status when circumstances change.

Frequently Asked Questions

What is the difference between a Dependant Pass and a visa in Kenya?

A visa or entry permission lets you enter Kenya. A Dependant Pass allows you to live in Kenya as a family member of a qualified sponsor. Depending on your nationality, you might need both a visa to enter and a Dependant Pass to reside.

Who counts as a dependant for Kenyan immigration purposes?

Typically a legally married spouse, children under 18, and in some cases older children in full-time education or dependants with special needs. Adoption must be legally recognized. Other relatives are only considered in limited circumstances.

Can I work in Kenya if I hold a Dependant Pass?

No. A Dependant Pass does not authorize employment or business. To work, you must obtain the correct work permit or pass in your own name. Speak with a lawyer before taking any job or starting a business.

How long does it take to get a Dependant Pass?

Processing times vary based on workload and completeness of your application. It can take several weeks. Apply early and ensure your documents are accurate and complete to avoid delays.

What documents will I usually need?

Common items include the sponsor’s valid permit or pass, proof of lawful status and passport bio page, marriage certificate, children’s birth certificates, passport photos, proof of financial support, and a signed letter from the sponsor. Adults may be asked for police clearance. Foreign documents often need legalization or apostille and translation if not in English.

Are customary or religious marriages recognized?

Kenyan law recognizes marriages registered under the Marriage Act, including civil, customary, Christian, Hindu, and Islamic marriages, if they meet legal requirements. You must prove the marriage and, if celebrated abroad, ensure proper legalization or apostille. Unregistered unions or cohabitation are generally not accepted for a Dependant Pass.

What if my spouse loses their job or their permit is canceled?

Your Dependant Pass relies on the sponsor’s valid status. If the sponsor’s status ends, your pass can also be affected. Seek legal advice immediately to explore renewal, change of status, or departure planning to remain compliant.

Can my child over 18 be a dependant?

Possibly, if they are in full-time education or have special needs and you can prove dependency. Approval is discretionary and evidence based.

Do I need a Foreign Nationals Certificate?

If you are an adult foreign national staying in Kenya for more than 90 days, you generally must register and obtain a Foreign Nationals Certificate. The process is handled by the Department of Immigration Services and often includes biometrics.

Can I travel in and out of Kenya while my Dependant Pass is valid?

Yes, but your Dependant Pass is not an entry visa. Depending on your nationality, you may need a visa or multiple entry authorization for reentry. Check requirements before traveling and ensure your passport, visa, and pass remain valid.

Additional Resources

- Department of Immigration Services, State Department for Immigration and Citizen Services. Primary authority for permits, passes, and foreign national registration.

- eCitizen platform. Official online portal for immigration applications, payments, and status checks.

- Huduma Centres in Western Kenya, including service points accessible from Vihiga. Useful for general government service assistance and eCitizen support.

- Law Society of Kenya, Western Kenya branches. Source for referrals to licensed immigration lawyers.

- National Legal Aid Service. Public legal aid and referrals for eligible persons.

- Kenya National Commission on Human Rights. Guidance on rights and complaint mechanisms in case of mistreatment.

- International Organization for Migration Kenya. Information and support on migration processes and protection.

Next Steps

- Confirm eligibility. Identify the sponsor and confirm that your relationship qualifies under Kenyan law.

- Gather documents. Obtain passports, marriage and birth certificates, sponsor’s permit or pass, photos, financial support letter, police clearances if required, and any legalized or apostilled documents with translations.

- Create or access your eCitizen account. Complete the Dependant Pass application, upload documents, and pay the prescribed fees.

- Attend any biometrics or endorsement appointments. Follow instructions from the Department of Immigration Services for passport endorsement or card collection.

- Register as a foreign national if required. Apply for a Foreign Nationals Certificate within the statutory period.

- Keep records and track expiry dates. Set reminders at least 30 to 60 days before expiry to renew in time.

- Seek legal advice if anything is unusual. Complex family circumstances, prior refusals, status changes, or plans to work or study often benefit from tailored legal guidance.

This guide provides general information for people in Vihiga, Kenya. Immigration rules can change and individual circumstances differ. For personal advice, consult a qualified Kenyan immigration lawyer.