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Jamaica: Whether a child born in Jamaica to parents who are not Jamaican citizens would be eligible for Jamaican citizenship; whether there are residency requirements for citizenship; procedure involved in obtaining citizenship

Chapter II of the Constitution of Jamaica outlines provisions for citizenship (6 Aug. 1962). Articles 28 (1), 30 and 31 state the following:

28. (1) Every person who, having been born in the former Colony of Jamaica, is on the fifth day of August 1962 a citizen of the United Kingdom and Colonies and shall become a citizen of Jamaica on the sixth day of August 1962.

...

30. Every person born in Jamaica after the fifth day of August 1962 shall become a citizen of Jamaica at the date of his birth:

31. Provided that a person shall not become a citizen of Jamaica by virtue of this section if at the time of his birth-

– his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty in right of Her Government in Jamaica and neither of his parents is a citizen of Jamaica; or

– his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy (6 Aug. 1962).

In a 30 August 2002 telephone interview, the Counsellor at the Jamaican High Commission, Ottawa, confirmed that citizenship is automatically granted if an individual is born in Jamaica. There are no residency requirements nor is there any need to apply for citizenship; if a child is born in Jamaica, he or she is automatically a citizen (ibid.). A birth certificate or form indicating the child's registration of birth would be sufficient to prove citizenship (ibid.). Because Jamaica recognizes dual nationality, the fact that the child is a citizen of another country at the time of his or her birth does not interfere with his or her automatic right of citizenship (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Jamaica. 6 August 1962. The Constitution of Jamaica. <http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=RSDLEGAL&id=3ae6b4ed28> [Accessed 30 Aug. 2002]

Jamaican High Commission, Ottawa. 30 August 2002. Telephone interview with Counsellor.