Last Updated: Wednesday, 26 November 2014, 15:45 GMT

Constitution of Saint Kitts and Nevis

Publisher National Legislative Bodies / National Authorities
Publication Date 10 September 1983
Cite as Constitution of Saint Kitts and Nevis [Saint Kitts and Nevis],  10 September 1983, available at: http://www.refworld.org/docid/3ae6b50214.html [accessed 26 November 2014]
Comments This is the official text. Only provisions relating to citizenship are selected here.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Date of entry into force: 10 September 1983

Chapter VIII - CITIZENSHIP

90. Persons who become citizens at independence

The following persons shall become citizens on 19th September 1983 -

(a)every person who, having been born in Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen;

(b)every person who, having been born outside Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen by virtue of registration or naturalization in Saint Christopher and Nevis or by virtue of his adoption in Saint Christopher and Nevis in a manner recognized by law;

(c)every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and either of whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (d);

(d)every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and who is or has been married to a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (c);

(e)every other person who, having been born, adopted in a manner recognised by law, registered or, as the case may be, naturalized in Anguilla before 19th December 1980 and having been ordinarily resident in Saint Christopher and Nevis since a date earlier than that date, was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen;

(f)any person who was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen and one of whose grandparents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a) or (b);

(g)every other person who immediately before that date by virtue of section 113(10) of the Constitution then in force belonged to Saint Christopher and Nevis for the purposes of that Constitution; and (h)every other person who was immediately before that date under the age of eighteen years and is the child of a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of any of the preceding paragraphs.

91. Persons who become citizens after independence

The following persons born on or after 19th September 1983 shall become citizens at the date of their birth -

(a)every person born in Saint Christopher and Nevis: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth -

(i)neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Christopher and Nevis; or

(ii)either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country;

(b)every person born outside Saint Christopher and Nevis if at the date of his birth either of his parents is, or but for death would have become, a citizen by virtue of paragraph (a) of section 90; and

(c)every person born outside Saint Christopher and Nevis if at the date of his birth either of his parents is, or but for death would have become, a citizen employed in service under the Government or under an authority of the Government and requires him to reside outside Saint Christopher and Nevis for the proper discharge of his functions.

92. Registration

(1)The following persons shall, if they do not already possess citizenship, be entitled, upon making application, to be registered as citizens -

(a)any person who is married to a citizen;

(b)any person who, being a Commonwealth citizen, is ordinarily resident in Saint Christopher and Nevis having been so resident for the period of fourteen years immediately preceding the date of his application;

(c)any person who, having been a citizen, has renounced his citizenship;

(d)any person who, but for renunciation of citizenship, would have become a citizen by virtue of section 90;

(e)any person who is married to any such person as is mentioned in paragraph (b), (c) or (d);

(f)any person who -

(i)was married to a person who but for his death would have become a citizen by virtue of section 90; or

(ii)was married to a person who became a citizen by virtue of that section, but whose marriage to that person had been terminated by dissolution at any time before 19th September 1983 after having subsisted for at least three years;

(g)any person under the age of eighteen years who is the child of a citizen or the child of a person who is or would but for his death have been entitled to be registered as a citizen under any of the preceding paragraphs; and

(h)such other persons as may be prescribed by Parliament: 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 is satisfied that there are reasonable grounds for refusing the application.

(2)An application for registration under subsection (1) 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 under the age of eighteen years, it shall be made on his behalf by his parent or guardian: Provided that, if any such person is or has been married, he may make the application himself.

(3)Every person not already owing allegiance to the Crown who, having reached the age of eighteen years, applies for registration under subsection (1) shall, before such registration, take the oath of allegiance.

(4)For the purposes of paragraph (b) of subsection (1) any person who was ordinarily resident in Anguilla for any period before 19th December 1980 shall be regarded as having been ordinarily resident in Saint Christopher and Nevis during that period.

93. Dual citizenship

(1)If a person who is a citizen of some other country or entitled to be registered as such is entitled to registration as a citizen under section 92, he shall not, by reason only that he is or may become a citizen of that other country, be refused registration under that section or be required to renounce his citizenship of that country as a condition of being registered under that section.

(2)Any such person as is referred to in subsection (1) shall not, if he is a citizen -

(a)be refused a passport of Saint Christopher and Nevis, or have such a passport withdrawn, cancelled or impounded, by reason only that he is in possession of a passport issued by some other country of which he is a citizen; or

(b)be required to surrender, or be prohibited from acquiring, a passport issued by some other country of which he is a citizen before being issued with a passport of Saint Christopher and Nevis or as a condition of retaining such a passport.

94. Acquisition, renunciation, certification and deprivation

There shall be such provision as may be made by Parliament -

(a)for the naturalization as citizens of persons who are not entitled to become citizens under section 92;

(b)for the renunciation by any person of his citizenship;

(c)for the certification of citizenship in relation to persons who are or were formerly citizens upon application by such persons or by such other interested persons as may be prescribed; and

(d)for depriving of his citizenship any person who has become a citizen by virtue of registration or naturalisation if his citizenship was obtained by false representation or fraud or wilful concealment of material facts or if he is convicted under any law of an act of treason or sedition:

Provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his own expense, to be represented by a legal practitioner of his own choice.

95. Interpretation

(1)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.

(2)Any reference in this Chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after his father's death, 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 19th September 1983 and the birth occurred on or after that date the national status that the father would have had if he had died on that date shall be deemed to be his national status at the time of his death.

(3)References in this Chapter to registration or naturalization are references to registration as a citizen under section 92 or naturalization as a citizen under any law made in pursuance of section 94 and include references to -

(a)registration or naturalization as a British citizen or a British Dependent Territories citizen under the British Nationality Act 1981(a);

(b)registration or naturalization as a citizen of the United Kingdom and Colonies under the British Nationality Act 1948(b); and

(c)naturalization as a British subject before that Act came into force.

(4)References in this Chapter to renunciation of citizenship in relation to the period before 19th September 1983 are references to renunciation of British citizenship, citizenship of the British Dependent Territories, citizenship of the United Kingdom and Colonies or, as the case may be, the status of a British subject before the British Nationality Act 1948 came into force.

(5)For the purposes of this Chapter -

(a)a person shall be regarded as having been registered or naturalized in Saint Christopher and Nevis or, as the case may be, in Anguilla if he was registered or naturalized while resident in Saint Christopher and Nevis or, as the case may be, while resident in Anguilla;

(b)a person who was adopted by a person who at the time of the adoption was resident in Saint Christopher and Nevis or, as the case may be, in Anguilla shall be regarded as having been adopted in Saint Christopher and Nevis or, as the case may be, in Anguilla; and

(c)a newborn infant found abandoned in Saint Christopher and Nevis or, as the case may be, in Anguilla shall, unless the contrary is shown, be regarded as having been born in Saint Christopher and Nevis or, as the case may be, in Anguilla.

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