Micronesia (FSM) spouse and dependent entry permits

The regulations define dependants as a spouse or an unmarried child under 18. Section 6.1 issues a spouse permit on adequate evidence of a marriage between the applicant and an FSM citizen, and section 103(11) of the Act extends dependent permits to the unmarried children under 18 of such a couple. Section 6.2 gives any dependant of a non-citizen who holds or applies for an entry permit a dependent permit valid as long as the principal's permit, and section 6.3 lets a dependant of a US citizen who is not a US citizen apply for a permit valid one year from issue.

A spouse permit is issued for one year and renewed every year on a reasonable showing that the marriage is still intact; under section 104 of the Act, renewals of spouse permits can be granted for up to five years. The spouse of a citizen may take paid employment under section 103(10), subject to regulations; where none apply, the Act requires five years of residence in the FSM or five years of marriage to a citizen before starting work, and hiring follows Title 51, without any change of status.

Marriage to an FSM citizen does not waive the rule that visitors cannot change status in the country: the spouse must leave and apply anew. The permit can be revoked or refused if the couple divorce or are irreconcilably separated, or the citizen spouse dies, and this is in the FSM's interest; no action on the ground of death is taken for six months except in extraordinary circumstances, and a surviving spouse married to a citizen for at least 20 years is protected unless remarrying a non-citizen.

Spouse applicants provide adequate evidence of the marriage to an FSM citizen; dependants show their relationship to the principal and, on the Division's checklist, a notarised affidavit of support or dependency where it applies. Every entry permit application must include a police clearance from the last place where the applicant lived for at least six months, showing no conviction for a felony or a crime of moral turpitude, and a doctor's written certificate of good health; people who have already lived in the FSM for six months before applying need neither. The Division's checklist adds a copy of the passport data page, one passport photo signed on the back and, where relevant, a notarised affidavit of support or dependency. At entry the passport must be valid for at least 120 days beyond the authorised stay, and every arriving non-citizen completes the Immigration and Departure Control Record, Form 5004.

The 2005 Immigration Regulations, published by the FSM Embassy in Washington, set the spouse or dependent entry permit fee at 10 US dollars for each application or renewal, of which 5 dollars is non-refundable if the permit is denied. Changing from another permit type into spouse or dependent status costs 1,000 dollars, except for Marshall Islands and Palau citizens.

Permits must be applied for and paid before arrival, and the permit has to be carried on entry; a person who arrives without the required permit must meet the change-of-status rules, including the fees, before one is issued. Renewals are made in person at the nearest Division office with the passport and current permit, at least 30 days before expiry and before the permit runs out; the holder does not have to leave the FSM to renew. Non-citizens who live in the FSM for 90 days or more in a calendar year must register in person at the nearest Division office by 31 January each year (by 30 June for those living outside Kosrae, Pohnpei, Yap and the Chuuk Lagoon islands). They must also tell the Division in writing of any change of address, because notices are sent to the last address on file.

When the relationship on which a permit was issued ends, for example through dissolution of the marriage, the entry permit is revocable at any time after that. A permit can be denied or revoked for wilfully false or misleading information, a felony or moral-turpitude conviction, a serious communicable disease and the other grounds in section 107 of the Immigration Act. Anyone aggrieved by a decision can file a notice of appeal with the local immigration office, which holds a hearing within 10 days and decides in writing within 5 days; the next step is a committee hearing in Palikir requested within 15 days, and after that judicial review. The Chief can also issue citations, for example 1,000 dollars for activities the permit does not allow and 100 dollars per day of overstay, and unlawful presence can lead to up to two years in prison, a fine of up to 10,000 dollars, or both.