Cidadania por nascimento em Santa Lúcia (jus soli)

Cenários de exemplo

Os cenários de exemplo são exibidos em inglês.

• Eligible via LC-BTH-01 if conditions of Constitution of Saint Lucia s.100; Citizenship of Saint Lucia Act, Cap. 1.04, s.4 are met.

  Every person born in Saint Lucia on or after the appointed date (22 February 1979, commencement of the Constitution) is a citizen by birth at the date of birth (Constitution s.100; Citizenship of Saint Lucia Act, Cap. 1.04, s.4), subject only to two narrow exceptions: (a) diplomatic immunity — neither parent a citizen and the father has envoy-level immunity; (b) enemy occupation — father a citizen of a country at war with Saint Lucia and birth in occupied territory. True unconditional jus soli for ordinary births.

• Eligible via LC-BTH-01: the child is a citizen by birth at the date of birth (Const s.100 / Cit Act s.4), as neither jus soli exception applies.

  Saint Lucia confers true unconditional jus soli: every person born in Saint Lucia on or after 22 February 1979 becomes a citizen at the date of birth (Const s.100; Cit Act, Cap. 1.04, s.4), with NO parental-status precondition for ordinary births. Tourist parents who are ordinary foreign nationals trigger neither exception (no envoy-level diplomatic immunity; no enemy-occupation), so the child is a Saint Lucian citizen by birth regardless of the parents' nationality or immigration status. The status arises automatically by operation of law; no registration application is needed (LC-ASSERT-001/006). As of continuously since 22 February 1979.

• NOT a citizen by birth via LC-BTH-01: the diplomatic-immunity exception (Const s.100(a) / Cit Act s.4(a)) excludes this child.

  The jus soli rule has a narrow diplomatic-immunity carve-out: a person born in Saint Lucia does NOT become a citizen by birth if at the time of birth neither parent is a citizen AND the father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Lucia (LC-ASSERT-002). Here the father is an accredited ambassador with envoy-level immunity and neither parent is a Saint Lucian citizen, so both limbs of the exception are met — the child is excluded from birthright citizenship. The child would look instead to the parents' own nationality law (no LC route from these facts). As of continuously since 22 February 1979.

• Eligible via LC-BTH-01: the diplomatic-immunity exception does NOT apply because one parent is a citizen.

  The diplomatic-immunity exception (Const s.100(a) / Cit Act s.4(a)) is conjunctive: it bites only where NEITHER parent is a citizen AND the father has envoy-level immunity (LC-ASSERT-002). Where the mother is a Saint Lucian citizen, the 'neither parent a citizen' limb fails, so the carve-out cannot apply and the child is a citizen by birth under the ordinary jus soli rule (LC-ASSERT-001). The diplomat father's immunity is irrelevant once a citizen parent is present. As of continuously since 22 February 1979.

• Likely eligible via LC-BTH-01 through the registration-deeming rule (Const s.104(2) / Cit Act s.2/s.4).

  For birth-based acquisition the Citizenship Act and Constitution deem a person born aboard a registered ship or aircraft to have been born in the place in which the ship or aircraft was registered (LC-ASSERT-004; Const s.104(2)). A child born aboard a ship registered in Saint Lucia is therefore deemed born in Saint Lucia and analysed under the ordinary jus soli rule (Const s.100 / Cit Act s.4) — a citizen by birth unless a jus soli exception applies. (A person born aboard an UNregistered ship is deemed born in Saint Lucia only if the ship is in Saint Lucia's territorial waters.) As of continuously since 22 February 1979.

• Citizen by the transitional/appointed-date rule (Const s.99 / Cit Act s.3), not the post-1979 jus soli limb.

  Births before the appointed date (22 February 1979) fall outside the post-independence jus soli rule and are governed by the transitional provisions. A person who, having been born in Saint Lucia, was immediately before 22 February 1979 a citizen of the United Kingdom and Colonies became a Saint Lucian citizen at the commencement of the Constitution (Const s.99 / Cit Act s.3; LC-ASSERT-007). This once-only independence cohort seeds the citizen-by-birth class. Pre-independence acquisition itself was governed by British nationality law (British Nationality Act 1948), not an autonomous Saint Lucian nationality (LC-ASSERT-030). As of the 22 February 1979 commencement; status continuous thereafter.