מוצא דרך סבא וסבתא (דור 2/3) - חוק מס' 7 משנת 2024

תרחישים לדוגמה

התרחישים לדוגמה מוצגים באנגלית.

• Eligible via LC-DSC-02 if conditions of Citizenship of Saint Lucia Act, Cap. 1.04, substituted s.5 + new s.5A (Citizenship (Amendment) Act No. 7 of 2024) are met.

  The Citizenship of Saint Lucia (Amendment) Act No. 7 of 2024 (assented 27 June 2024) deleted and substituted s.5 of the principal Act (Cap. 1.04) and inserted a new s.5A. The substituted s.5 provides verbatim: 'A person born outside Saint Lucia after the commencement of this Act becomes a citizen at the date of his or her birth if, at that date, his or her father, mother, grandfather or grandmother is a citizen by birth.' The 'citizen by birth' qualifier is the chain-limiter; named ancestors stop at the grandparent generation (2nd/3rd-generation overseas descendants). s.5A is the application procedure (prescribed form; applicant + qualifying-ancestor birth certificates; passport; four certified photographs; Certificate of Character within 6 months; Apostille + recognised English translation for foreign-language documents). NON-CBI statute. Commencement date NLR-MED (no proclamation clause located; byte-verify vs gazette).

• Potentially eligible via LC-DSC-02 if BORN AFTER the Act No. 7 of 2024 commencement; the commencement date is NLR-MED.

  The substituted s.5 (Act No. 7 of 2024) provides verbatim: 'A person born outside Saint Lucia after the commencement of this Act becomes a citizen at the date of his or her birth if, at that date, his or her father, mother, grandfather or grandmother is a citizen by birth' (LC-ASSERT-012). The chain-limiter is 'citizen by birth' — a grandmother who is a citizen by birth qualifies the line (LC-ASSERT-013). CRITICAL CAVEAT: the right attaches at the DATE OF BIRTH for persons born AFTER the Act's commencement; it is not a retroactive look-back for adults already born before commencement. The exact commencement/proclamation date is NLR-MED (the Act appears to take effect on assent, 27 June 2024, but is not byte-confirmed against the gazette). Application via s.5A procedure.

• Eligible via LC-DSC-02 if the qualifying grandparent is a citizen by birth and the s.5A documentary requirements are met.

  For a child born outside Saint Lucia after the Act No. 7 of 2024 commencement, the substituted s.5 confers citizenship at the date of birth where a father, mother, grandfather or grandmother is a citizen BY BIRTH (LC-ASSERT-012/013). The s.5A application procedure (LC-ASSERT-014/015) requires the prescribed form (lodged by the person or an attorney-at-law on their behalf); the applicant's birth certificate; the qualifying ancestor's birth certificate; the applicant's passport; four certified photographs; and a Certificate of Character issued within the last six months. Foreign-language documents need an Apostille (Hague Convention Act) plus an English translation by a Department-of-Home-Affairs-recognised translator. NON-CBI route conferring ordinary citizenship by descent.

• NOT eligible via LC-DSC-02: the substituted s.5 named-ancestor list stops at the grandparent generation.

  The 2024-substituted s.5 names only 'father, mother, grandfather or grandmother' — there is no 'great-grandparent' wording (LC-ASSERT-013), corresponding to the government's description of beneficiaries as 'second and third-generation Saint Lucian descendants'. A person whose only Saint Lucian ancestor is a great-grandparent is therefore outside the named chain and does not qualify for grandparent descent. No look-through beyond the grandparent generation exists in the statute. As of the commencement of Act No. 7 of 2024 (assented 27 June 2024).

• NOT eligible via LC-DSC-02: the linking grandparent must be a citizen BY BIRTH.

  The chain-limiter in the substituted s.5 is the 'citizen by birth' qualifier: the linking father, mother, grandfather or grandmother must be a citizen by birth, and a citizen-by-descent ancestor does not qualify the line (LC-ASSERT-013). A grandfather who is himself only a citizen by descent therefore cannot transmit grandparent descent. The applicant must identify a grandparent (or parent) who holds citizenship by birth. As of the commencement of Act No. 7 of 2024 (assented 27 June 2024).