Гражданство по происхождению (родительская линия)

Примеры сценариев

Примеры сценариев приведены на английском языке.

• Eligible via LC-DSC-01 if conditions of Constitution of Saint Lucia s.101; Citizenship of Saint Lucia Act, Cap. 1.04, s.5 are met.

  A person born outside Saint Lucia on or after 22 February 1979 is a citizen by descent at the date of birth if, at that date, the father OR mother is a citizen (Constitution s.101; Citizenship of Saint Lucia Act, Cap. 1.04, s.5). Gender-neutral on the parent side. Under the pre-2024 single-generation rule the qualifying parent had to be a citizen otherwise than by descent (anti-indefinite-descent limiter); the parent-line right continues in the 2024-substituted s.5 (now also reaching grandparents — see LC-DSC-02).

• Outcome turns on the precise statutory condition; see TRC tiers.

  Advise the parent-line descent claim by the child's DATE OF BIRTH. For a person born abroad on or after 22 Feb 1979 and before the Act No. 7 of 2024 commencement, the test is Const s.101 / Cit Act s.5 (pre-2024): at least one parent (father OR mother) must have been a Saint Lucian citizen at the date of birth AND that parent must be a citizen otherwise than by descent — a citizen-by-descent parent cannot transmit (single-generation rule). For a person born abroad after the 2024 commencement, the substituted s.5 governs: a father, mother, grandfather, or grandmother who is a citizen BY BIRTH qualifies the line.

• Eligible via LC-DSC-01: citizen by descent at the date of birth (Const s.101 / Cit Act s.5, pre-2024 text).

  A person born outside Saint Lucia on or after 22 February 1979 (and before the Act No. 7 of 2024 commencement) is a citizen by descent at the date of birth if, at that date, the father OR mother is a citizen otherwise than by descent (Const s.101 / Cit Act s.5; LC-ASSERT-008). Descent is gender-neutral on the parent side (LC-ASSERT-009). A mother who is a citizen BY BIRTH plainly qualifies (she is a citizen otherwise than by descent), so a child born abroad in 2005 is a Saint Lucian citizen by descent. Acquisition is automatic at the date of birth. As of continuously since 22 February 1979.

• NOT eligible via LC-DSC-01 under the pre-2024 single-generation rule (the parent must be a citizen otherwise than by descent).

  The pre-2024 anti-indefinite-descent limiter bites here: under the original s.5 / Const s.101 a citizen who is himself a citizen BY DESCENT could NOT transmit citizenship to a child born abroad — the qualifying parent had to be a citizen 'otherwise than by virtue of this section' (LC-ASSERT-010). A 2010-born child whose only Saint Lucian parent is a citizen by descent therefore does not acquire citizenship by descent at birth. NOTE: this child may now look to LC-DSC-02 if a grandfather or grandmother is a citizen BY BIRTH (substituted s.5, for births after the Act No. 7 of 2024 commencement). As of pre-2024 rule (operative 22 Feb 1979 until the Act 7/2024 substitution).

• Eligible via LC-DSC-01: the father's national status is taken at the time of his death (Const s.104(3)).

  Where a person is born after the death of his or her father, any reference to the national status of the father at the time of the person's birth is construed as a reference to the father's national status at the time of his death (Const s.104(3); LC-ASSERT-017). A child born abroad after the father's death therefore qualifies for descent if the father was a Saint Lucian citizen (otherwise than by descent, pre-2024) at the time of his death and the other s.5/s.101 conditions are met. This preserves descent eligibility for posthumous children. As of continuously since 22 February 1979.

• Citizen via the transitional descent limb (Const s.99(3) / Cit Act s.3(2)) at independence, not the rolling s.5 limb.

  Births abroad before 22 February 1979 are governed by the transitional descent provision: a person born outside Saint Lucia who was immediately before independence a citizen of the UK and Colonies became a Saint Lucian citizen at commencement if his or her father or mother became (or but for death/renunciation would have become) a citizen by the by-birth/registration transitional limbs (Const s.99(3) / Cit Act s.3(2); LC-ASSERT-011). This is the descent component of the once-only independence cohort, distinct from the rolling post-1979 descent rule. As of the 22 February 1979 commencement; status continuous thereafter.