Birth in Antigua and Barbuda (jus soli, on/after 1 Nov 1981)

Example scenarios

• ELIGIBLE — AG-BTH-01. Under Constitution s.113(a), every person born in Antigua and Barbuda on or after 1 November 1981 automatically acquires citizenship at birth, regardless of the parents' nationality or immigration status. The two narrow exceptions are: (i) diplomatic-parent exception (requires NEITHER parent to be a citizen AND EITHER parent to hold envoy-level diplomatic immunity) — tourists have no such immunity; (ii) enemy-alien wartime exception — dormant since independence. The baby acquires AG citizenship automatically. No application required.

  AG-BTH-01 route doc: jus soli is effectively universal in AG territory for non-diplomatic, non-enemy-alien births. Tourist parents are not diplomats and hold no diplomatic immunity. Diplomatic exception requires envoy-level immunity — ordinary tourists and transient workers are explicitly excluded. Baby's citizenship vests at moment of birth by operation of s.113(a).

• INELIGIBLE — AG-BTH-01. The diplomatic-parent exception in s.113(a) proviso (i) applies: NEITHER parent is an AG citizen AND EITHER parent (the ambassador) possesses diplomatic immunity of the type accorded to an accredited foreign envoy. Both conditions are satisfied. The child does NOT acquire AG citizenship at birth. The child acquires Brazilian citizenship through descent from Brazilian parents.

  AG-BTH-01 route doc: s.113(a) proviso (i) is satisfied — neither parent is an AG citizen; the ambassador holds envoy-level diplomatic immunity. Both conditions must be satisfied; both are here. The exception is narrow but squarely applies to ambassadors.

• ELIGIBLE — AG-BTH-01 / Constitution s.118(3). A birth aboard an Antigua and Barbuda-registered ship is deemed to have occurred in the place in which the ship was registered — i.e., Antigua and Barbuda. The child is therefore deemed born in Antigua and Barbuda and acquires citizenship by jus soli under s.113(a), subject only to the diplomatic and enemy-alien exceptions (which do not apply on the facts).

  AG-BTH-01 route doc: Constitution s.118(3) and Cap.22 s.2(2) — 'a person born aboard a registered 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.' An Antiguan-registered yacht = deemed birth in Antigua and Barbuda. Jus soli under s.113(a) follows.

• ELIGIBLE — AG-BTH-01. Under Constitution s.113(a), jus soli applies to all persons born in the territory regardless of the parents' immigration status. Undocumented migrants are not diplomats and do not hold envoy-level immunity. The diplomatic-parent exception requires EITHER parent to hold immunity 'as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda' — undocumented migrants hold no such immunity. The child acquires AG citizenship at birth automatically.

  AG-BTH-01 route doc: explicitly covers this case — 'Coverage note for children born to non-citizens: Children born to parents who are both non-citizens and non-diplomats (for example, tourists, workers, or undocumented migrants in Antigua and Barbuda) DO acquire citizenship by birth under this route. This is the consequence of a pure territorial rule subject only to the two narrow provisos.'