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(1) A foreign national married to a citizen of Ghana is entitled to indefinite residence in Ghana if that foreign national:

(a) has resided in Ghana throughout the period of twelve months immediately preceding the date of the application;

(b) has immediately preceding the period of the twelve months, resided in Ghana for an aggregate period of not less than two years;

(c) has not been convicted of any offence and sentenced to a period of imprisonment of twelve months or more;

(d) intends to reside permanently in Ghana upon the grant of the status; and

(e) is in possession of a valid residence permit on the date of the application.

(2) The Director may in such special circumstances as he thinks fit and with the approval of the Minister allow a continuous period of six months and an aggregate period of one year to be substituted for the twelve months and two years respectively provided under paragraphs (a) and (b) of subsection (1).

(3) Where a foreign spouse who is granted an indefinite residence status stays away from Ghana for more than twelve consecutive months that foreign spouse automatically loses the status.

(4) A foreign spouse who loses an indefinite residence status under subsection (3) may apply to the Director for reinstatement, except that the application shall be treated as a fresh application subject to such conditions as the Director may determine.

(5) The separation, divorce or death of a spouse in a marriage to which this section applies shall not affect the indefinite residence status held by the foreign spouse immediately before the occurrence of the event.

(6) Notwithstanding any provision of this section, a foreign spouse whose marriage is no longer in existence may upon application to the Director be granted indefinite residence status subject to evidence that the marriage was contracted in good faith.