CHAPTER VII
citizenship
99. Persons who become citizens on 22 February 1979
100. Persons born in Saint Lucia on or after 22 February 1979
101. Persons born outside Saint Lucia on or after 22 February 1979
102. Registration
103. Acquisition, deprivation and renunciation
104. Interpretation
99. Persons who become citizens on 22 February 1979
(1) Every person who, having been born in Saint Lucia, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen at such commencement.
(2) Every person who, immediately before the commencement of this Constitution, is a citizen of the United Kingdom and Colonies—
(a) having become such a citizen under the British Nationality Act 1948 of the United Kingdom by virtue of his or her having been naturalised in Saint Lucia as a British subject before that Act came into force; or
(b) having while resident in Saint Lucia become such a citizen by virtue of his or her having been naturalised or registered under the British Nationality Act 1948 of the United Kingdom,
shall become a citizen at such commencement.
(3) Every person who, having been born outside Saint Lucia, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his or her father or mother becomes, or would but for his or her death or the renunciation of his or her citizenship of the United Kingdom and Colonies have become, a citizen by virtue of subsection (1) or (2), become a citizen at such commencement.
(4) Every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies would have become, a citizen by virtue of subsection (1), (2) or (3), is a citizen of the United Kingdom and Colonies immediately before the commencement of this Constitution shall become a citizen at such commencement.
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100. Persons born in Saint Lucia on or after 22 February 1979
Every person born in Saint Lucia after the commencement of this, Constitution shall become a citizen at the date of his or her birth:
Provided that a person shall not become a citizen by virtue of this section if at the time of his or her birth—
(a) neither of his or her parents is a citizen of Saint Lucia and his or her father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Lucia; or
(b) his or her father is a citizen of a country with which Saint Lucia is at war and the birth occurs in a place then under occupation by that country.
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101. Persons born outside Saint Lucia on or after 22 February 1979
A person born outside Saint Lucia after the commencement of this Constitution shall become a citizen at the date of his or her birth if, at that date, his or her father or mother is a citizen otherwise than by virtue of this section or section 99(3).
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102. Registration
(1) The following persons shall be entitled, upon making application, to be registered as citizens—
(a) any woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
(b) any person who, being a Commonwealth citizen, is ordinarily resident in Saint Lucia at the commencement of this Constitution, having been so resident for the period of 7 years immediately preceding such commencement;
(c) any person who, having been a citizen has renounced his or her citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
(d) any person who, but for having renounced his or her citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen at the commencement of this Constitution;
(e) any woman who is married to any such person as is mentioned in paragraph (b), (c) or (d) or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph;
(f) any woman who, before the commencement of this Constitution, has been married to a person—
(i) who becomes a citizen by virtue of section 99; or
(ii) who, having died before such commencement, would but for his death have become a citizen by virtue of that section,
but whose marriage has been terminated by death or dissolution before such commencement.
(2) The following persons shall, upon making application, be entitled to be registered as citizens—
(a) any man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
(b) any person who, being a Commonwealth citizen, is and for 7 years previous to his or her application has been ordinarily resident in Saint Lucia;
(c) any man who is married to any such person as is mentioned in subsection (l)(b), (1)(c) or (1)(d) or who was married to a person who, at any time during the period during which they were married too each other, was entitled to apply to be registered as a citizen under any such paragraph;
(d) any person under the age of 21 years who is the stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his or her death have been entitled to be registered as a citizen under subsection (l):
Provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he or she is satisfied that there are reasonable grounds for refusing the application.
(3) An application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and in the case of a person to whom subsection (2)(d) applies, it shall be made on his or her behalf by his or her parent or guardian:
Provided that if any such person is or has been married, he or she may make the application himself or herself.
(4) Every person who, being a British protected person, an alien or, if it is so prescribed by Parliament, a citizen of any country within the Commonwealth that does not form part of Her Majesty’s dominions and having reached the age of 21 years, applies for registration under this section shall, before such registration, take the oath of allegiance.
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103. Acquisition, deprivation and renunciation
There shall be such provision as may be made by Parliament for—
(a) the acquisition of citizenship by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this Chapter;
(b) depriving of his or her citizenship any person who is a citizen otherwise than by virtue of section 99, 100 or 101;
(c) the renunciation by any person of his or her citizenship.
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104. Interpretation
(1) In this Chapter—
“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;
“the British Nationality Act 1948 of the United Kingdom” includes any Act of the Parliament of the United Kingdom altering that Act.
(2) For the purposes of this Chapter, a person born aboard 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.
(3) Any reference in this Chapter to the national status of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his or her father, be construed as a reference to the national status of the father at the time of the father’s death; and where that death occurred before the commencement of this Constitution and the birth occurred after such commencement the national status that the father would have had if he had died immediately after such commencement shall be deemed to be his national status at the time of his death.
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