Comparative Regional Report on Citizenship Law: Oceania
centralised under the control of Cabinet.68 These procedures reflect the importance placed on
sub-national interests, and in particular, the views of the local community in which the new
citizen will live.
The primary ground for naturalisation based on residence is a minimum period of
residency, ranging from five to ten years (see Table 2). In Fiji and Solomon Islands the
minimum period of residency requires the person to have been ordinarily resident in the state
for five of the past ten years immediately prior to the date of application. In Fiji, at least, the
provision for an aggregate, rather than continuous, period of residence, was intended to reflect
the common situation where a person resides in more than one country, or travels abroad for
work, study, family reunification or other purposes.69 In all but two states that provide for
naturalisation based on residence, applicants must also demonstrate that they intend to reside
permanently in the state once citizenship is granted (the exceptions are Nauru and Vanuatu).
An applicant for naturalisation based on residence will generally also have to meet a
range of other criteria relating to their character, knowledge and loyalty. The most common
across the region is ‘good character’, which imports a degree of discretion into the final
decision to grant naturalisation.
In seven states, applicants for naturalisation based on residence must demonstrate their
ability to speak and understand at least one language of the country. In six of these states,
applicants must also demonstrate knowledge and understanding of the rights, privileges,
responsibilities and duties of citizenship. Five states require applicants to show that they
understand and respect the culture, customs or way of life of the people, a reference to the
values of the Indigenous peoples (see Table 2). Citizenship tests are uncommon in Oceania:
only in the Marshall Islands and Vanuatu does the law provide for a citizenship test. Vanuatu
introduced a requirement that applicants sit and pass a citizenship test in 2013. The test is
administered in Bislama, the local creole language. 70 In the Marshall Islands, the relevant
legislation provides that an applicant has taken and passed a written test as may be prescribed
by the Minister.71
In Kiribati, the Marshall Islands, Papua New Guinea and Vanuatu, applicants for
naturalisation must undertake to renounce any foreign citizenship (although in Papua New
Guinea, applicants must only renounce a foreign citizenship if they are not formally applying
for dual citizenship: see Parts 3.3.2 and 4.1).72 Laws in Fiji, the Marshall Islands, Papua New
Guinea and Tuvalu require naturalised citizens to take an oath of loyalty.73
Naturalisation for spouses of citizens
Legislation in all Oceanic states except the Marshall Islands and Palau make special provision
for the naturalisation of spouses of citizens.
Many of these provisions were originally gendered, in that they expressly provided only
for the naturalisation of a foreign woman married to a male citizen. Beginning with Fiji in
1997, several Oceanic states amended their laws to remove gender discrimination and provide
68
Tetau v Secretary of the Nauru Local Government Council [1976] NRSC 9.
Reeves, Vakatora and Lal (n 33) [6.73-76].
70
Citizenship Act c 112 (Vanuatu) s 12(2)(j).
71
Citizenship Act 1984 (Marshall Islands) s 403(2)(k).
72
Citizenship Act c 8A (Kiribati) s 7(2)(h); Citizenship Act 1984 (Marshall Is) s 403(2)(i); Constitution of Papua
New Guinea 1975 s 67(2)(g); Citizenship Act c 112 (Vanuatu) s 12(2)(h).
73
Citizenship of Fiji Act 2009 (Fiji) s 13(1)(b); Citizenship Act 1984 (Marshall Is) s 403(2)(j); Constitution of
Papua New Guinea 1975 s 67(2)(g); Citizenship Act c 24.05 (Tuvalu) s 6(5)(b).
69
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