Dominica 1978 Constitution (reviewed 2014)

Chapter VII. Citizenship

97. Persons who become citizens on 3rd November 1978

1. Every person who, having been born in Dominica, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen of Dominica at such commencement.
2. Every person who, immediately before the commencement of this Constitution is a citizen of the United Kingdom and Colonies—
   1. having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalised in Dominica as a British subject before that Act came into force; or
   2. having become such a citizen by virtue of his having been naturalised or registered in Dominica under the British Nationality Acts 1948 to 1965,

   shall become a citizen of Dominica at such commencement.

3. Every person who, having been born outside Dominica, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death have become, a citizen of Dominica by virtue of subsection (1) or subsection (2) of this section, become a citizen of Dominica at such commencement.

98. Persons born in Dominica on or after 3rd November 1978

Every person born in Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth:

Provided that a person shall not become a citizen of Dominica by virtue of this section if at the time of his birth—

1. his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Dominica, and is not a citizen of Dominica; or
2. his father or mother is a citizen of a country with which Dominica is at war, and the birth occurs in a place then under occupation by the enemy.

99. Persons born outside Dominica on or after 3rd November 1978

A person born outside Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth if, at that date, his father or mother is a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this Constitution.

100. Registration

1. The following persons shall be entitled, upon making application and, in the case of a British protected person or an alien who has attained the age of eighteen years, taking the oath of allegiance, to be registered as citizens of Dominica—
   1. any person who, being a Commonwealth citizen, is and for the previous seven years has been ordinarily
   2. any person who, having been a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of the Constitution has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
   3. any person under the age of eighteen years who is a child, stepchild or child — adopted in a manner recognised by law of a person who is or was before his death or would but for his death have become a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this Constitution.
2. 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 (1)(c) of this section applies, it shall be made on his behalf by his parent or guardian before he attains the age of eighteen years or such later age as may be so prescribed.

101. Acquisition, deprivation and renunciation

There shall be such provision as may be made by Parliament for—

1. the acquisition of citizenship of Dominica by persons who are not eligible or who are no longer eligible to become citizens of Dominica under the provisions of this Chapter;
2. depriving of his citizenship of Dominica any person who is a citizen of Dominica otherwise than by virtue of section 97, 98 or 99 of this Constitution;
3. the renunciation by any person of his citizenship of Dominica.

102. 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 purpose of the British Nationality Act 1948 or any Act of the Parliament of the United Kingdom altering that Act.

2. For the purposes of this Chapter, 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.
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 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.