Registro de cônjuge (casamento com cidadão)

The spouse of a SKN citizen may register (Constitution s.92(1)(a)); there is no fixed residence/duration period but the marriage must subsist. Refusal grounds are in Citizenship Act Cap 1.05 s.3(11)(f)-(l).

• Spouse registration: Constitution s.92(1)(a) makes any person married to a citizen ENTITLED, on application, to be registered as a citizen (if they do not already possess citizenship). There is no constitutional minimum marriage-duration and no independent residence period for a spouse-of-citizen; the entitlement is subject only to the s.92 proviso (Ministerial refusal on reasonable grounds of defence, public safety or public order) and to the Act s.3(11) refusal grounds. - Widow(er) / former-spouse registration: Constitution s.92(1)(f) entitles a person who was married to a person who, but for death, would have become a citizen by s.90, or who became a citizen by s.90 but whose marriage was terminated by dissolution at any time before 19 Sep 1983 after subsisting at least three years, to be registered. s.92(1)(e) extends registration to a person married to a s.92(1)(b)/(c)/(d) person. The Citizenship Regulations route s.92(1)(a),(e),(f) applications through Form R.1.

• The marriage underpinning a spouse registration must be genuine and SUBSISTING. Citizenship Act s.3(11) lets the Minister refuse a marriage-based applicant who: (f) entered the marriage for the primary purpose of obtaining citizenship (marriage of convenience); (g) is a party to a marriage no longer subsisting; (h) has divorce proceedings pending in court; (i) whose marriage has been annulled; (j) has annulment proceedings pending; (k) is subject to a deed of separation; or (l) where the parties are no longer living together as man and wife. - General good-character / integrity refusal grounds applying to registration applicants (including marriage-based) under Citizenship Act s.3(11)(a)-(e): the Minister may refuse where the applicant (a) is not of good character; (b) has been convicted of a criminal offence sentenced to death or imprisonment of 12 months or more (without a free pardon); (c) has engaged in activities prejudicial to the safety of, or maintenance of law and public order in, Saint Christopher and Nevis; (d) has been adjudged bankrupt and not discharged; or (e) lacks sufficient means and is likely to become a public charge (unless the dependant of a citizen). - Oath requirement for registration: Constitution s.92(3) requires every person not already owing allegiance to the Crown who, having reached 18, applies for registration under s.92(1) to take the oath of allegiance before registration. Applications for registrants under 18 are made by parent/guardian (s.92(2)), unless the minor is or has been married, in which case the minor may apply himself/herself.

• Ministerial discretion is ouster-protected: Citizenship Act s.13 provides that the Minister need assign no reason for the grant or refusal of any discretionary application under the Act, and that the Minister's decision on such an application is not subject to any appeal or review in any court. This governs s.6 naturalisation, s.3 registration, and refusals under s.3(8)/(11). (Constitutional registration ENTITLEMENTS under s.92(1) are by contrast subject only to the express defence/public-safety/public-order proviso.) - Determination timeline for refusal investigations: where the Minister decides to conduct an investigation under Citizenship Act s.3(9) into whether the s.3(11) refusal conditions exist, the s.3(8) determination must be made within a period not exceeding two years from the date of receipt of the application (s.3(10)).

Timeline: standard. Document burden: medium. Required: none of residency/language/presence/renunciation.

• Spouse registration government fee: Citizenship Regulations Schedule 5 para 1 sets the fee for registration as a citizen under Constitution s.92(1)(a) or 92(1)(e) at EC$620.00. The certificate-of-registration grant fee under s.90/s.91(h)/s.92(i),(f) is EC$120.00 (Reg Schedule 5 para 6).

Primary statute: Constitution s.92(1)(a); Citizenship Act s.3(11). Operative 1983-09-19–present. Authority: Ministry of National Security.

• Registration may be refused where the applicant is the spouse of a person who obtained citizenship under s.3(5) investment (Citizenship Act Cap 1.05 s.3(11)(n)) — the CBI-derivative-spouse refusal hook, parallel to the s.3(11)(m) CBI-derivative-minor hook.