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