What important financial, accommodation, insurance or maintenance responsibilities apply?
The Immigration Act sets no income, maintenance, accommodation or health-insurance condition for the spouse-of-a-Bahamian permanent residence certificate: section 14 turns on the marriage (married to, or the surviving spouse of, a Bahamian citizen, not living apart under a court decree or deed of separation, and five years' continuous cohabitation) and on the Board's absolute discretion. The Department's prescribed application form (Form IV A) asks for financial references, the employer's name and details of income, but states no minimum amount.
See recorded sources
Limits of the record- Neither the Act nor the form states a minimum income, a maintenance undertaking by the Bahamian spouse, an accommodation requirement or health insurance; the Board's discretion under section 14 is 'absolute', so the financial particulars requested on the form may still weigh in the decision.
- The 'able to maintain himself and his dependants' test in section 30(6)(c) is written for permits under section 30 (including the resident spouse permit that normally precedes the certificate); the Act does not state whether the Board applies a similar test to the section 14 certificate.
- Form IV A as published by the Department (2019 upload) is the version quoted; the Immigration (General) Regulations consolidation published on immigration.gov.bs is LRO 1/2008 and may not reflect later amendments to the prescribed form.
- Immigration Act, Ch. 191 (LRO 1/2017), s. 14
14. Notwithstanding section 13 where a person
applies under that section for a permanent residence
certificate and that person, at the date of the application —
- Immigration Act, Ch. 191 (LRO 1/2017), s. 14(a)
(a) is married to, or is the surviving spouse of, a
citizen of The Bahamas and, in case of a
surviving spouse, the marriage was subsisting at
the time of death of the other party;
- Immigration Act, Ch. 191 (LRO 1/2017), s. 14(d) and closing words
(d) has lived continuously with the other party to the
marriage for a period of not less than five years,
the Board may, in its absolute discretion, grant a certificate
under section 13 to the applicant and where a certificate is
granted it shall not contain any condition restricting the
right of the holder to engage in gainful employment.
- Form IV A (Regulation 8), Application for a Certificate of Permanent Residence (Spouses of citizens of The Bahamas), item 22
22. Financial references
- Form IV A (Regulation 8), item 25
25. Name of Employer
- Form IV A (Regulation 8), item 26
26. Details of Income
- Immigration Act, Ch. 191 (LRO 1/2017), s. 30(6)(c) — applies to permits under s. 30, not to the s. 13/14 certificate
(c) to satisfy him that he is able to maintain himself
and his dependants in The Bahamas;