Barbados nationality law
Encyclopedia
The Barbadian nationality law is governed by the Law on Citizenship of Barbados
(the Barbados Citizenship Act), and by the Barbadian Constitution
.
Section 4 of the Constitution of Barbados defines citizens of Barbados as "Every person born in Barbados after the 29th November 1966."
The only exceptions are persons born on Barbadian soil whose parents possess diplomatic immunity
and aren't Barbadian citizens, or children of enemy occupiers of Barbadian soil, or if neither parent is a citizen of Barbados (except in certain situations of statelessness
for the child, where the mother is a Barbadian citizen—or a UK/Colonies citizen if the birth was prior to 30 Nov 1966, or if the mother cannot be determined), or persons born aboard foreign-registered vessels located in Barbados.
Section 5 of the constitution states that children born outside of Barbados to most men who are citizens of Barbados shall become a Barbadian citizen. It has additionally come to include: children born to Barbadians serving as diplomats abroad, and those born overseas as children of fathers who were or would have been citizens of Barbados but for their death.
Section 6 of the Constitution allows for the wife of a Barbadian man to be registered as a Barbadian citizen. According to the constitution, any requirements (such as residency or duration of marriage) are to be "prescribed," and the woman must take an oath of allegiance if she is not a citizen of Ireland or a Commonwealth nation. The Constitution as written did not foresee Barbadian women marrying non-citizen men.
Other current Commonwealth citizens who fulfill certain requirements such as having ordinary and lawful residence for seven years (which must have been completed before 30 Nov 1966, per the constitution's Chapter II, section 3.2.) may also apply for registration and be registered as Barbadian citizens, determined at the Government Minister's discretion.
Non-Commonwealth Citizens may apply to the Minister for naturalization
provided they fulfill certain requirements, such as residing in Barbados for 5 of the 7 years prior to the application, and all 12 of the months prior to the application (or any 12 continuous months which are within 6 months of the application, contingent upon the Minister's approval), and intends to reside in Barbados thereafter, as well as swearing allegiance to the Queen of Barbados.
Section 9 of the constitution allows parliament to make "provision" for the acquisition of citizenship.
is chosen by heredity
. By virtue of being Sovereign
, upon accession they would be a Barbadian Monarch per the Constitution.
Barbadians enjoy certain privileges as citizens of a member state of the Caribbean Community (CARICOM). As with many of the other countries of CARICOM, Barbados issues their version of passports
bear the emblem
of the CARICOM organisation.
achieving independence
from the United Kingdom
, it became a member of the Commonwealth
with HM Queen Elizabeth II
remaining the head of state in her new capacity as Queen of Barbados. The Savings Clause of the Constitution also allowed all existing law of the United Kingdom to remain in force in Barbados until changed by the Barbados Parliament. As such, Barbados would have thereby inherited the Statute of Westminster
as part of its local law from the United Kingdom.
Persons connected with Barbados at independence may have retained citizenship of the UK and Colonies if:
Such persons would have become British citizens on 1 January 1983 if they had acquired a Right-of-Abode
in the UK before that date. Otherwise they would be British Overseas citizen
s.
Acts by the British Government which previously governed nationality laws in Barbados includes:
and encourages Barbadians living abroad to remain open to the benefits of holding such status.
Barbados
Barbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...
(the Barbados Citizenship Act), and by the Barbadian Constitution
Constitution of Barbados
The Constitution of Barbados is the supreme law under which Barbados is governed. The Constitution provides a legal establishment of the structure and various roles of administration of the Sovereign , the Vice-Royal , the Government of Barbados, as well as legal rights and responsibilities of the...
.
Definition of Barbadian citizenship
- By birth:
Section 4 of the Constitution of Barbados defines citizens of Barbados as "Every person born in Barbados after the 29th November 1966."
The only exceptions are persons born on Barbadian soil whose parents possess diplomatic immunity
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
and aren't Barbadian citizens, or children of enemy occupiers of Barbadian soil, or if neither parent is a citizen of Barbados (except in certain situations of statelessness
Statelessness
Statelessness is a legal concept describing the lack of any nationality. It is the absence of a recognized link between an individual and any state....
for the child, where the mother is a Barbadian citizen—or a UK/Colonies citizen if the birth was prior to 30 Nov 1966, or if the mother cannot be determined), or persons born aboard foreign-registered vessels located in Barbados.
Acquisition of the citizenship
The constitution also allows for acquisition of citizenship by: descent, registration, naturalization, and acts of parliament.- By descent:
Section 5 of the constitution states that children born outside of Barbados to most men who are citizens of Barbados shall become a Barbadian citizen. It has additionally come to include: children born to Barbadians serving as diplomats abroad, and those born overseas as children of fathers who were or would have been citizens of Barbados but for their death.
- By registration:
Section 6 of the Constitution allows for the wife of a Barbadian man to be registered as a Barbadian citizen. According to the constitution, any requirements (such as residency or duration of marriage) are to be "prescribed," and the woman must take an oath of allegiance if she is not a citizen of Ireland or a Commonwealth nation. The Constitution as written did not foresee Barbadian women marrying non-citizen men.
Other current Commonwealth citizens who fulfill certain requirements such as having ordinary and lawful residence for seven years (which must have been completed before 30 Nov 1966, per the constitution's Chapter II, section 3.2.) may also apply for registration and be registered as Barbadian citizens, determined at the Government Minister's discretion.
- By naturalization:
Non-Commonwealth Citizens may apply to the Minister for naturalization
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
provided they fulfill certain requirements, such as residing in Barbados for 5 of the 7 years prior to the application, and all 12 of the months prior to the application (or any 12 continuous months which are within 6 months of the application, contingent upon the Minister's approval), and intends to reside in Barbados thereafter, as well as swearing allegiance to the Queen of Barbados.
- By parliamentary acts:
Section 9 of the constitution allows parliament to make "provision" for the acquisition of citizenship.
The Sovereign
The Monarch of BarbadosMonarchy of Barbados
The monarchy of Barbados is a constitutional system of government in which a hereditary monarch is the sovereign and head of state of Barbados, forming the core of the country's Westminster style parliamentary democracy...
is chosen by heredity
Heredity
Heredity is the passing of traits to offspring . This is the process by which an offspring cell or organism acquires or becomes predisposed to the characteristics of its parent cell or organism. Through heredity, variations exhibited by individuals can accumulate and cause some species to evolve...
. By virtue of being Sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
, upon accession they would be a Barbadian Monarch per the Constitution.
Rights
Citizens of Barbados enjoy the following rights:- All Barbadians 18 years and over have the right to vote and the right to contest in elections, if they so desire. Voting by right is optional.
- Citizens have the right to join any Trade Union or political party of his or her choice.
- The Constitution states that persons can not be persecuted based on religion. All religions are free to practise as part of freedom of worship.
- The right to hold a Barbadian passport and entitlement to receive assistance by Barbadian consulates and embassies all over the world.
- Citizens can move about the island freely without seeking permission from authorities to do so.
Barbadians enjoy certain privileges as citizens of a member state of the Caribbean Community (CARICOM). As with many of the other countries of CARICOM, Barbados issues their version of passports
Barbadian Passport
A Barbadian passports is a travel document issued to citizens of Barbados, in accordance with Citizenship Act from 1978, the Immigration Act from 1997, and the Barbadian Constitution for the purpose of facilitating international travel...
bear the emblem
Emblem
An emblem is a pictorial image, abstract or representational, that epitomizes a concept — e.g., a moral truth, or an allegory — or that represents a person, such as a king or saint.-Distinction: emblem and symbol:...
of the CARICOM organisation.
Barbados and British nationality
Prior to 1966 persons connected with Barbados held British nationality. Barbadians were mainly classified as Citizens of the UK and Colonies (CUKCs). Upon BarbadosBarbados
Barbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...
achieving independence
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, it became a member of the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
with HM Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
remaining the head of state in her new capacity as Queen of Barbados. The Savings Clause of the Constitution also allowed all existing law of the United Kingdom to remain in force in Barbados until changed by the Barbados Parliament. As such, Barbados would have thereby inherited the Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
as part of its local law from the United Kingdom.
Persons connected with Barbados at independence may have retained citizenship of the UK and Colonies if:
- they did not acquire Barbados citizenship; or
- they had specified ties to the UK itself, or a place which remained a colonyBritish overseas territoriesThe British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
.
Such persons would have become British citizens on 1 January 1983 if they had acquired a Right-of-Abode
Right of Abode (United Kingdom)
The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
in the UK before that date. Otherwise they would be British Overseas citizen
British Overseas citizen
In British nationality law, the status of British Overseas citizen is one of several categories of British national. A British Overseas citizen does not have an automatic right to live in the United Kingdom.-British Nationality Act 1981:...
s.
Acts by the British Government which previously governed nationality laws in Barbados includes:
- History of British nationality lawHistory of British nationality law- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
- The 1905 Aliens ActAliens Act 1905The Aliens Act 1905 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. The Act for the first time introduced immigration controls and registration, and gave the Home Secretary overall responsibility for immigration and nationality matters...
- The Aliens Restriction Act, 1914
- The British Nationality and Status of Aliens Act, 1914
- The Aliens Order, 1920
- The British Nationality Act, 1948British Nationality Act 1948The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom that created the status of "Citizen of the United Kingdom and Colonies" as the national citizenship of the United Kingdom and its colonies....
-- Established nationality called Citizen of the United Kingdom and Colonies (CUKCs) - The Commonwealth Immigrants Act, 1962Commonwealth Immigrants Act 1962The Commonwealth Immigrants Act 1962 was an Act of the Parliament of the United Kingdom.Before the Act was passed, citizens of British commonwealth countries had extensive rights to migrate to the UK...
- The 1905 Aliens Act
Dual citizenship
Barbadian law allows their citizens to hold dual citizenshipMultiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
and encourages Barbadians living abroad to remain open to the benefits of holding such status.
See also
- BarbadosBarbadosBarbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...
- Barbados National PledgeBarbados National PledgeThe National Pledge of Barbados is as follows-See also:*Barbados*Barbados citizenship*Government of Barbados*Culture of Barbados...
- British nationality lawBritish nationality lawBritish nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
- CARICOM
- CitizenshipCitizenshipCitizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
- Commonwealth of NationsCommonwealth of NationsThe Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
- Nationality lawNationality lawNationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
- Barbados passport