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Spouse Permit — Spouse of an FSM Citizen

MicronesiaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Micronesia Read the five questions ↓

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The person bringing the applicant is the applicant's spouse, who must be a citizen; the applicant must be that citizen's lawful spouse.

See recorded sources
Limits of the record
  • Title 50 s.103(10) says 'citizen' without further qualification; reading it as an FSM citizen rests on the statute's context.
  • Citation is a sub-string of the closed R1 citation, as the second verifier suggested; see notas.
  • No sponsorship procedure or sponsor obligation is stated.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The checked official sources did not provide enough route-specific evidence to confirm the evidence needed to prove the family relationship.

See recorded sources
Limits of the record
  • Searched Title 50 and the Compact for documents proving the marriage; none listed.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The checked official sources did not provide enough route-specific evidence to confirm the financial, accommodation, insurance or maintenance requirements.

See recorded sources
Limits of the record
  • Searched Title 50 and the Compact for income, accommodation, insurance or maintenance duties for spouses; none stated.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

Application is made to the President. Renewed spouse permits may be issued for up to five years. The holder may do paid employment subject to regulations; absent regulations, only after five years of FSM residence and/or five years of marriage to the citizen, with no change-of-status approval needed but hiring following Title 51 rules for non-resident workers. The permit may be revoked or denied on divorce, irreconcilable separation or the citizen's death if in FSM's best interests, but not (unless remarriage to a non-citizen) for a surviving spouse married at least 20 years, and normally not within six months of the citizen's death.

See recorded sources
Limits of the record
  • Whether s.111 regulations on spouse employment exist (which would replace the five-year default) is not in the captures.
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    Application for a permit to enter the Federated States of Micronesia shall be made to the President and in such form and manner as he may prescribe from time to time.
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    except that, entry permits may be issued for a period not to exceed five years for individuals renewing spouse permits issued pursuant to subsection 103(10) of this chapter.
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    Subject to this section and any requirements set out in regulations issued pursuant to section 111 of this chapter, a spouse permit holder shall be permitted to undertake paid employment in the Federated States of Micronesia.
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    In the absence of any regulations on this subject, a spouse permit holder shall be permitted to undertake paid employment in the Federated States of Micronesia only if he or she has been a resident of the Federated States of Micronesia for the five years prior to commencing employment and/or has been married to a citizen of the Federated States of Micronesia for the five years prior to commencing employment.
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    For the avoidance of doubt, a spouse permit holder may undertake paid employment without obtaining a change of status approval pursuant to section 104 of this chapter, however, such employment must be obtained in accordance with the requirements for hiring non-resident workers contained in title 51 of this code.
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    (b) A spouse permit may be revoked or denied, in accordance with the provisions of this chapter, upon a finding that (i) the parties are divorced, the parties are irreconcilably separated, or the citizen-spouse is deceased; and
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    (ii) the revocation or denial is in the best interests of the Federated States of Micronesia, provided that the spouse permit of a noncitizen surviving spouse of a deceased citizen who had been married to the citizen spouse for at least 20 years, regardless of place of residence during the marriage, shall not be revoked or denied unless the surviving spouse remarries a non-citizen.
  • https://fsmlaw.org/fsm/code/title50/T50_Ch01_2014.html
    Except in extraordinary circumstances, no action to revoke or deny a spouse permit on the grounds of death of the citizen-spouse shall be taken for a period of six months from the date of death of the citizen-spouse.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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