Under the constitutions of certain CARICOM States, a child
derives citizenship by birth or through the father. The exception relates to a child born
out of wedlock in a foreign country to a woman who is a citizen of the State in question
that child derives citizenship from the mother.
Implementation of the model provisions will require
constitutional changes in some States whose constitutions provide for citizenship through
the father.
The constitutions of certain states provide that a wife
acquires citizenship from her husband.
The provisions in the draft model reflect generally the
existing legislation in the CARICOM States as regards citizenship.
The new areas addressed are as follows:
Clause 2 The definition of
"responsible parent" is relevant to the proposal that either parent may confer
citizenship on a child. Subsection (3) sets out circumstances in which there is a
presumption of paternity unless the contrary is proven on a balance or probabilities.
Subsection (3) sets out circumstances in
which there is a presumption of paternity unless the contrary is proven on a balance or
probabilities.
Clause 3
Subsection (5) permits application on
behalf of a minor by the minor or the minor's parent or guardian and "guardian"
is defined to include an orphanage or similar organisation which is responsible for the
minor.
Clause 7
Subsection (2) gives effect to the
proposal for acquisition of citizenship automatically at the date of a marriage.
Clause 9 provides for acquisition
of citizenship through a grandparent.
Clause 12 Deprivation of
citizenship.
Subsection (4) provides that, before
making an order depriving a person of citizenship, the Minister is obliged to refer the
case to a committee of enquiry.
Subsection (7) requires the Minister to
act in accordance with the Committee's recommendations.
THE CITIZENSHIP OF [
] ACT
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
PART II - ACQUISITION OF CITIZENSHIP
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3. Registration of certain persons as citizens.
4. Registration of minors.
5. Entitlement of adopted child to citizenship.
6. Effect of registration as a citizen.
7. Marriage to citizen of [ ].
8. Naturalisation.
9. Additional grounds for citizenship.
10. Minister's discretionary powers.
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PART III - LOSS OF CITIZENSHIP
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11. Renunciation of citizenship.
12. Deprivation of citizenship.
13. Deprivation of citizenship where persons deprived of
citizenship elsewhere
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PART IV - GENERAL
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14. Certificate of citizenship in cases of doubt.
15. Evidence.
16. Regulations.
17. Offenses.
17 SCHEDULES.
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Model Legislation on CITIZENSHIP
AN ACT to provide for the acquisition, deprivation and renunciation
of citizenship of [
] and for connected purposes.
Short title
1. This Act may be cited as the Citizenship of [ ] Act.
Part I - PRELIMINARY
Interpretation
2. (1) In this Act -
"
alien" means a person who is not a Commonwealth citizen,
a British protected person or a citizen of the Republic of Ireland;
"
British protected person" means a person who is a British
protected person for the purposes of the British Nationality Act, 1948 of the
United Kingdom;
"
child" includes a child born out of wedlock and a child
adopted in a manner recognised by law;
First Schedule
"
the Commonwealth" and "
Commonwealth country"
means [ ], any country
mentioned in the First Schedule and any dependency of any such country;
"
Commonwealth citizen" means any person who under the constitution
has the status of a Commonwealth citizen;
"
the Constitution" means the constitution of [
];
"
Court" means a court of competent jurisdiction;
"
foreign country" means a country other than the Republic
of Ireland that is not part of the Commonwealth;
"
minor" means a person who has not attained the age of eighteen
years;
"
responsible parent" in relation to a minor child means
-
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(a) either the mother or the father;
(b) where the custody of the child has been awarded to the mother by a court,
the mother;
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(2) For the purpose of this Act -
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(a) a person born abroad a registered ship or aircraft or aboard an unregistered
ship or aircraft of the government of any country shall be deemed to have
been born in the place in which the ship or aircraft was registered, or as
the case may be, in that country;
(b) a person shall be of full age if he has attained the age of eighteen years
and of full capacity if he is not of unsound mind;
(c) a person shall be deemed not to have attained a given age until the commencement
of the relevant anniversary of the day of his birth.
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3. Unless the contrary is proven on a balance of probabilities, there is a
presumption for the purposes of this Act that a male person is the father of
a child in any one of the following circumstances -
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(a) he is married to the mother of the child at the time of the birth of the
child;
(b) he was married to the mother of the child by a marriage that was terminated
by death or by a decree of nullity within three hundred days before the birth
of the child or by divorce where the decree nisi was granted within three
hundred days before the birth of the child;
(c) he marries the mother of the child and acknowledges that he is the natural
father;
(d) he and the mother of the child have made a statutory declaration that he
is the father of the child and have filed it with the [Registrar of Births
and Deaths] under the provisions of any law in force for the making of such
a declaration;
(e) he has been found [or recognised] by a Court to be the father of that child.
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PART II. ACQUISITION OF CITIZENSHIP
Registration of certain persons as citizens
First Schedule
3. (1) A citizen of any country mentioned in the First Schedule or a citizen
of the Republic of Ireland, First Schedule being a person of full age and capacity,
may, on making application for that purpose to the Minister in the prescribed
manner, be registered at the discretion of the Minister as a citizen of [
] if he satisfies the Minister that -
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(a) he is of good character;
(b) he has an adequate knowledge of the English Language and of the duties
of a citizen of [
];
(c) he has either resided in [
] or has been in the service of the Government or has had partly such residence
and partly such service throughout the period of five years, or such shorter
period as the Minister may in the special circumstances of any particular
case, accept, immediately preceding the date of his application; and
(d) he intends, if registered, to continue to reside in [
].
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(2) In calculating for the purpose of this section and section 5 any period
of residence in [ ] account shall not be taken of any period during which -
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(a) a person was not lawfully resident in [
];
(b) a person was confined in or an inmate of any prison;
(c) except with the consent of the Minister, a person is allowed to remain
temporarily in [
] under the provisions of any law in force in relation to immigration.
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(3) Subject to section 10 a person shall be entitled, on making application
under this subsection to the Minister in the prescribed manner, to be registered
as a citizen of [
] if he satisfies the Minister that he is and always has been stateless and
-
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(a) f he was born before the [
] day of [ ],
his mother was, at the time of his birth, a citizen of the United Kingdom
and Colonies by reason of her having been born in [
]; or
(b) if he was born after the [ ], that his mother was a citizen
of [ ] at the
time of his birth; or
(c) he was born in [
].
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(4) Subsection (3) (a) and (b) apply to persons born in wedlock as well as
to persons born out of wedlock.
(5) An application for registration under subsection (3) of a minor may be
made by his parent or guardian or, if he has attained the age of sixteen years,
by the minor himself or by his parent or guardian and for the purposes of this
subsection, "
guardian" includes any orphanage or similar
organisation responsible for the minor.
Registration of minor
4. (1) The Minister may cause the minor child of any citizen of [
] upon application made in the prescribed manner by the responsible parent,
of the child or by the minor if he has attained the age of sixteen years.
(2) The Ministers may ,in such special circumstances as he thinks fit, cause
any minor to be registered as a citizen of [
]
Entitlement of adopted child to citizenship
5. Where under any law in force in [
] relating to the adoption of children an
adoption order is
made in respect of a minor who is not a citizen of [
] then if the adopter or in the case of a joint adoption either adopter is a
citizen of [ ]
the minor shall become a citizen of [
] as from the date of the order.
Effect of registration as a citizen
6. A person registered under section 3 or 4 shall be a citizen of [
] by registration as from the date on which he is registered.
Marriage to a citizen of [
]
7. (1) Any person who on the [date of independence], was or had been married
to a person who -
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(a) became a citizen of [
] by virtue of section [ ] of the Constitution; or
(b) having died before that date would but for the death have become a citizen
of [ ] by virtue
of that section, shall be entitled, upon making the prescribed application
and upon taking the oath of allegiance, to be registered as a citizen of [
].
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(2) Any person who, after the [date of independence] marries a person who at
the date of the marriage is a citizen of [
] shall be eligible to become a citizen of [
] at the date of the marriage.
(3) Any person who after the [date of independence] marries or was married
to a person who becomes a citizen of [
] at any date after the date of the marriage, shall be eligible, upon making
the prescribed application and upon taking the oath of allegiance, to be registered
as a citizen of [
].
Naturalisation
Second Schedule
8. (1) The Minister may, at his discretion grant a certificate of naturalisation
to any alien or British protected person, of full age and capacity, who makes
the prescribed application therefor and satisfies the Minister Second Schedule
that he is qualified under the Second Schedule for naturalisation.
Third Schedule
(2) A person to whom a certificate of naturalisation is granted shall, on taking
the oath of allegiance, in the form specified in the Third Schedule become a
citizen of [ ]
from the date on which the certificate is granted.
Additional grounds for citizenship
9. (1) A person born in [ ] after the date of this Act shall become a citizen
of [ ] by birth
if a grandparent was a citizen of [
] at the time when he was born and he would, but for this subsection, be stateless.
(2) Where after the commencement of this Act, a newborn infant is found abandoned
in [ ] that infant
shall, unless the contrary is proved, be deemed to have been born in [
].
Minister's discretionary powers
10. (1) The Minister may, if he is satisfied that the interests of national
security or public interest so require, refuse to register as a citizen of [
] any person to whom section 3(3) applies.
(2) The Minister shall not be required to assign any reason for the exercise
of any discretionary power conferred on him for the registering as a citizen,
the naturalising or certifying the citizenship of any person and no exercise
of any such power shall be subject to appeal or review in any court.
PART III: LOSS OF CITIZENSHIP
Renunciation of citizenship
11. (1) Where any citizen of [
] of full age and capacity who is or intends to become -
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(a) a citizen of any country mentioned in the First Schedule; or
(b) a national of a foreign country makes in the prescribed manner a declaration
of renunciation of citizenship of [
], the Minister shall, subject to subsection (2), cause the declaration to
be registered, and thereupon that person shall cease to be a citizen of [
].
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(2) The Minister may at his discretion withhold registration of any declaration
mentioned in subsection (1) if it is made during any war in which [
] is engaged by a person who is or who intends to become a national of a foreign
country.
(3) Where a person who is not a citizen of any other country renounces his
citizenship of [
] but has not become a citizen or a national of another country within six months
of such renunciation he shall, notwithstanding the renunciation, be deemed to
have remained and shall continue to be a citizen of [
].
Deprivation of citizenship
12. (1) Subject to this section, the Minister may at his discretion, by order
deprived of his citizenship any citizen of [
] who is such by virtue of registration or naturalisation if the Minister is
satisfied that the registration or certificate of naturalisation was obtained
by means of fraud, false representation or the concealment of any material fact.
(2) Subject to this section the Minister may at his discretion, by order deprive
of his citizenship any citizen of [
] who is such by registration or naturalisation if the Minister is satisfied
that such citizen -
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(a) at any time after registration or naturalisation has been convicted -
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(i) of treason by a court in any part of the Commonwealth; or
(ii) by a court in any country of a criminal offence on conviction of which
the death penalty or a term of imprisonment of not less than seven years
may be imposed,and in either case has not received a free pardon in respect
of the offence; or
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(b) within five years after registration or naturalisation has been convicted
by a court in any country of a criminal offence and sentenced to imprisonment
for a term of not less than three years and has not received a free pardon
in respect of the offence; or
(c) shown himself by act or speech to be disloyal or disaffected towards [
]; or
(d) during any war in which [
] was engaged, unlawfully traded or communicated with the enemy or been engaged
in or associated with any business that was to his knowledge cause to be carried
on in such a manner as to assist an enemy in that war; or
(e) engaged in activities, whether within or outside of [
] which, in the opinion of the Minister, are prejudiced to the safety of [
] or to the maintenance
of law and order in [
].
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(3) The Minister shall not deprive a person of his citizenship under this section
-
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(a) on the ground mentioned in subsection (2)(c) if it appears to him that
the person shall thereupon become stateless;
(b) unless he is satisfied that it is not conducive to the public good that
the person should continue to be a citizen of [
].
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(4) Before making an order under this section or section 13, the Minister -
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(a) shall give the person against whom the order if proposed to be made notice
in writing informing him of the ground on which it is proposed to be made;
and
(b) shall refer the case to a committee of enquiry (in this section referred
to as the committee) constituted in the manner and having the powers, rights
and privileges provided for in subsection (5) and (6).
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(5) The committee shall consist of -
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(a) a chairman, being a person who is or has held office as a Judge of a court
of unlimited civil and criminal jurisdiction in any Commonwealth country or
a court having jurisdiction in appeals from any such court; and
(b) not less than two members appointed by the Minister.
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(6) The powers, rights and privileges of the committee are the same as those
conferred on a commission under the Commissions of Enquiry Act and that Act
shall,
mutatis mutandis apply in relation to an enquiry under this
section and to a person summoned to give evidence at the enquiry.
(7) The Minister shall act in accordance with any recommendations made by the
committee in relation to any case referred to it under subsection (5).
(8) A person who is deprived of his citizenship of [
] by an order made under this section or under section 13 shall, upon the making
of the order, cease to be a citizen of [
].
Deprivation of citizenship where persons deprived of citizenship elsewhere
13. Where any citizen of [
] who is such by naturalisation, was also a citizen of any country mentioned
in the First Schedule or of the Republic of Ireland but has been deprived of
his citizenship of that country on grounds which, in the opinion of the Minister,
are substantially similar to any of the grounds specified in subsection (1)
or (2) of section 12, the Minister may, at his discretion by order deprive him
of the citizenship of [
] if the Minister is satisfied that it is not conducive to the public good that
the person should continue to be a citizen of [
].
PART IV: GENERAL
Certificate of citizenship in cases of doubt
14. (1) The Minister may, in such cases as he think fit, on application made
by or on behalf of any person with respect to whose citizenship of [
] a doubt exists, whether on a question of law or fact, certify that such person
is a citizen of [
].
(2) A certificate issued under this section shall, unless it is proven that
it was obtained by means of fraud, false representation or concealment of any
material fact, be conclusive evidence that the person named therein was a citizen
of [ ] on the date
thereof, but without prejudice to any evidence that he was such a citizen at
any earlier date.
Evidence
15. (1) Every document purporting to be a notice, certificate, order or declaration
or an entry in a register or a prescription of an oath of allegiance, given,
granted or made under this Act or under the constitution shall be deemed to
have been given, granted or made by or on behalf of the person by whom or on
whose behalf it purports to have been given, granted or made.
(2)
Prima facie evidence of any document referred to in subsection
(1) may be given by production of a document purporting to be certified as a
true copy thereof by such person and in such manner as may be prescribed.
(3) Any entry in a register made under this Act or under the Constitution shall
be received as evidence of the matters states in the entry.
Regulations
16. (1) The Minister may make regulations generally for giving effect to this
Act and in particular may make regulations -
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(a) prescribing anything required by this Act to be prescribed;
(b) for the registration of anything required or authorised under this Act
to be registered;
(c) for the administration and taking of oaths of allegiance under this Act,
for the time within which the oath of allegiance shall be taken and for the
registration thereof;
(d) Prescribing the fees to be paid in respect of -
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(i) any application made to the Minister under this Act; or
(ii) any registration or the making of any decision or the grant of any certificate
or the taking of the oath of allegiance; or
(iii) supplying a certified or other copy of any certificate, order, declaration
or entry, given, granted or made under this Act, and providing for the application
of any such fees;
(e) for the giving of any notice required or authorised to be given to any
person by or under this Act;
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(f) for the cancellation of the registration of, and the cancellation and amendment
of certificates of naturalisation relating to persons deprived of citizenship
under this Act and for requiring such certificates to be delivered up for
such purposes;
(g) for the registration by consular officers or other officers in the service
of the Government of the births and deaths of persons of any class or description
born or dying outside [
];
(h) for enabling the births and deaths of citizens of [
] born or dying in any country in which [ ] has for the time being no diplomatic
or consular representatives, to be registered -
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(i) by persons serving in the diplomatic, consular or other foreign service
of any country which, by arrangement with the Government of [
] has undertaken to represent the interest of [
] in that country or
(ii) by a person authorised in that behalf by the Minister.
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(2) All regulations made under this section shall be subject to negative resolution.
Offenses
17 (1) Any person who for the purpose of procuring anything to be done or not
to be done under this Act, makes any statement which he knows to be false in
a material particular or recklessly makes a statement which is false in a material
particular is guilty of an offence and is liable on summary conviction thereof
to a fine not exceeding (five) hundred dollars or to imprisonment for a term
not exceeding (three) months or to both such fine and imprisonment.
(2) Any person who fails to comply with any requirement imposed on him by regulations
with respect to the delivering up of certificates of naturalisation is guilty
of an offence and is liable on summary conviction to a fine not exceeding (five)
hundred dollars or to imprisonment for a term not exceeding [ ] months.
FIRST SCHEDULE (Section 2)
Antigua and Barbuda
Australia
Bangladesh
Barbados
Belize
Botswana
Canada
Cyprus
Dominica
Fiji
Ghana
Grenada
India
Kenya
Lesotho
Malawi
Malaysia
Malta
Mauritius
Naura
New Zealand
Seychelles
Sierra Leone
Singapore
Saint Lucia
St. Vincent and the Grenadines
Swaziland
The Cooperative Republic of Guyana
The Federation of Nigeria
The Gambia
The Republic of Sri Lanka
The United Kingdom and Colonies
The United Republic of Tanzania
Tonga
Trinidad and Tobago
Uganda
Western Samoa
Zambia
Zimbabwe
SECOND SCHEDULE (Section 8)
Qualifications for Naturalisation
1. Subject to paragraph 2, the qualifications for naturalisation of an alien
who applies therefor are that -
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(a) he has resided in [
] throughout the period of twelve months immediately preceding the date of
the application; and
(b) during the seven years immediately preceding the said period of twelve
months he has resided in [
] for periods amounting in the aggregate to not less than four years; and
(c) he is, in the opinion of the Minister, of good character; and
(d) he intends, in the event of a certificate being granted to him, to reside
in [ ].
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2. The Minister may, if in the special circumstances of any particular case
he thinks fit allow -
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(a) a continuous period of twelve months ending not more than six months before
the date of the application to be reckoned for the purposes of paragraph 1(a)
as if it had immediately preceded that date;
(b) residence in any country mentioned in the First Schedule or in a dependency
thereof to be reckoned for the purposes of paragraph 1(b);
(c) periods of residence earlier than eight years before the date of the application
to be reckoned in computing the aggregate mentioned in paragraph 1(b).
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3. The qualifications for naturalisation of a British protected person who
applies therefor are -
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(a) that he is ordinarily resident in [ ] and has been so resident throughout
the period of five years, or such shorter period as the Minister may in the
special circumstances of any case accept, immediately preceding his application;
and
(b) the qualifications specified in paragraph 1(c) and (d).
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THIRD SCHEDULE (Section 8)
Oath of Allegiance
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