Passport Path
DescentDM-DSC-01

Ciudadanía por ascendencia: nacido en el extranjero de padre dominicano

Ciudadanía en Dominica

Elegibilidad
Una persona nacida fuera de Dominica a partir del 3 de noviembre de 1978 se convierte en ciudadana al nacer si, en esa fecha, el padre o la madre es ciudadano de Dominica en virtud del artículo 97 (independencia) o del artículo 98 (nacimiento en Dominica) (Constitución, artículo 99). La transmisión materna y paterna son iguales.
Plazo
automatic
Renuncia
No requerida

Resumen

Citizenship by descent is Dominica's jus sanguinis route for a person born outside the island to a Dominican parent. Under section 99 of the Constitution of the Commonwealth of Dominica, a person born abroad on or after 3 November 1978 becomes a citizen of Dominica automatically at the date of birth if, at that date, the father or mother is a citizen of Dominica by virtue of section 97 (became a citizen on independence) or section 98 (born in Dominica). The status is conferred by operation of law, not by a discretionary grant: there is no application to be approved, no residence, no language test, no physical-presence condition and no fee or investment. One qualifying parent is enough, and maternal and paternal transmission are equal — the Constitution says 'father or mother' without preference. In practice the parents or the adult applicant gather documentary proof (the foreign birth certificate plus evidence of the parent's Dominican citizenship and its basis) so that the existing status can be recognised, the person registered, and a Dominican passport issued. Where the status is doubtful, a certificate of citizenship can be sought under section 14 of the Citizenship Act, Chapter 1:10. This route is distinct from, and should not be confused with, the first-generation limit that caps it (see DM-DSC-02).

Quién califica

Eligibility under section 99 turns on two cumulative conditions, both tested at the moment of the applicant's birth. (1) Place and date of birth: the applicant must be born OUTSIDE Dominica on or after 3 November 1978. A person born in Dominica acquires citizenship under section 98 (jus soli, route DM-BTH-01) instead, and a person born abroad before independence is outside section 99 and must rely on the independence and registration provisions. (2) Qualifying parent: at the date of birth, the father OR the mother must be a Dominican citizen by section 97 (a person who became a citizen on 3 November 1978) or section 98 (a person born in Dominica). Only one such parent is required, and there is no distinction between a married and an unmarried parent on the face of section 99, nor between transmission by the father and by the mother. Crucially, the parent's citizenship must rest on section 97 or section 98; a parent who holds Dominican citizenship only by descent under section 99 does not qualify the child (this is the first-generation limit covered in DM-DSC-02). There is no residence, language, character, age or financial condition for this status.

Base jurídica

The sole operative provision is section 99 of the Constitution of the Commonwealth of Dominica (Schedule 1 to the Commonwealth of Dominica Constitution Order 1978, SI 1978/1027), within Chapter VII 'Citizenship' (sections 97-102). The verified text reads: '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.' Three features are load-bearing. First, the temporal anchor: 'after the commencement of this Constitution' fixes the epoch at 3 November 1978. Second, the qualifying parent statuses are exhaustively enumerated — section 97 (independence citizens) and section 98 (born in Dominica) — and the phrase 'subsection (1) or (2) of section 97' shows the drafters were precise about which limbs qualify. Third, the operative verb 'shall become.. at the date of his birth' makes acquisition automatic and self-executing. Section 99 is supported procedurally by Citizenship Act Chapter 1:10 s.14 (certificate of citizenship in cases of doubt) and s.2 (interpretation, including 'minor' = under 18). No sibling-country statute is relevant; this is a purely Dominican constitutional rule.

Escenarios de ejemplo

Los escenarios de ejemplo se muestran en inglés.

  • Qualifies; is a Dominican citizen automatically from birth.

    The applicant was born outside Dominica after 3 November 1978 and, at the date of birth, the mother was a citizen of Dominica by section 98 (born in Dominica). Section 99 transmits citizenship through the mother on equal terms with the father, so the applicant became a citizen at birth by operation of law. The steps are evidentiary only — the mother's Dominican birth certificate (s.98 basis) plus the applicant's Canadian birth certificate — and no residence, language or fee applies. Dual citizenship is permitted, so Canadian nationality is retained.

  • Qualifies; the child is a Dominican citizen from birth.

    Section 99 confers citizenship where 'father or mother' is a qualifying citizen and contains no marriage condition on its face: it asks only whether a parent is a citizen by section 97 or section 98 at the child's birth. The father's birth in Dominica gives him section 98 status, which transmits to a first-generation child born abroad. Documentation of paternity and of the father's Dominican birth certificate supports recognition; status itself is automatic.

  • Does NOT qualify under section 99 (DM-DSC-01).

    Section 99 applies only to a person born 'after the commencement of this Constitution', i.e. on or after 3 November 1978. A person born abroad in 1976 falls outside section 99 entirely. Their status, if any, depends on the section 97 independence-transition provisions and pre-independence British nationality law, which is outside this descent route. The applicant should be assessed under the independence/registration provisions rather than section 99 descent.

  • Does NOT qualify under section 99.

    Section 99 transmits only where the qualifying parent is a citizen by section 97 or section 98. A parent who is a citizen by naturalisation under Citizenship Act s.8 holds citizenship by naturalisation, not by s.97 or s.98, and is therefore outside the section 99 list. The newborn does not acquire citizenship automatically by descent. The family must instead consider derivative registration of a minor child (Citizenship Act s.6(b) / Constitution s.100(1)(c), route DM-CBN-01) once its residence condition can be met, or birth in Dominica (s.98) for a future child.

  • Should apply for a certificate of citizenship in cases of doubt (s.14); qualification depends on the parent's basis.

    Whether the applicant is a section 99 citizen turns on whether the parent is a citizen by section 97 or section 98 — which a passport alone does not reveal. The correct step is an application for a certificate of citizenship in cases of doubt under Citizenship Act Chapter 1:10 s.14, under which the competent authority determines status on the documentary record. If the parent is shown to be a s.98 (born-in-Dominica) or s.97 citizen, the applicant is confirmed a citizen by descent; if the parent is a s.99/registered/naturalised citizen, the applicant is not, and is directed to registration or naturalisation.

Resumen informativo recopilado a partir de fuentes legales primarias: no es asesoramiento jurídico. La ley de ciudadanía cambia; verifica con la autoridad competente antes de actuar. Verificado por última vez el 2026-06-14.

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