Anna Dziedzic for equal access to naturalisation for male and female spouses of citizens. The relevant provisions in the Citizenship Act of the Federated States of Micronesia (made in 1979) and Papua New Guinea (introduced in 2016) both use the gender neutral term ‘spouse’. Kiribati is the only state in the region to retain gendered provisions. Its legislation provides that a woman who marries a man who is or becomes a citizen can apply for naturalisation. 74 Nauru’s Constitution still refers only to a woman who marries a citizen, but the implementing legislation treats the spouses of citizens equally.75 (See further Part 4.3.) In most states of Oceania, a person must be married to a citizen to be eligible for naturalisation. A de facto partnership will not suffice. In four states the person must have been married to a citizen for a minimum period, ranging from two to seven years. Seven states also require that the person must have been resident, sometimes with his or her spouse, for a minimum period of time (see Table 3). Other criteria, such as proficiency in language and good character may also be required. Table 3 Naturalisation: spouse of citizen Procedure Residence Marriage Other requirements FSM Discretion 5 years Yes Fiji Kiribati Entitlement Entitlement 3 of last 5 years - Yes Woman married to a male citizen - Renounce foreign citizenship, language - Marshall Is - 7 years - Nauru Discretion Palau PNG Discretion 7 years (with spouse; may be waived) 1 of last 3 years Samoa Discretion 5 years Solomon Is Discretion - To citizen by birth for 5 years Tonga Tuvalu Declaration Entitlement Yes - Yes Yes Intention to reside, good character, understands duties of citizenship Intention to reside or maintain close connection; good character Oath of allegiance - Vanuatu Discretion 2 years (with spouse) 2 years - Yes (excludes customary marriage) 5 years Intention to reside, good character, understands duties of citizenship Renounce foreign citizenship Naturalisation based on descent Citizenship laws in many Oceanic states provide for naturalisation on the basis of descent. Such laws define the target group as persons with a particular ancestry or alternatively as the children or grandchildren of citizens. Four states give persons with indigenous ancestry preferential access to citizenship: Kiribati, the Marshall Islands, Palau and Vanuatu. The Constitution of Kiribati expressly 74 75 14 Constitution of Kiribati 1979 s 26. Constitution of Nauru 1968 s 74; Naoero Citizenship Act 2017 (Nauru) s 13. RSCAS/GLOBALCIT-Comp 2020/1- © 2020 Author

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