Citizenship

Articles 3 to 14

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Articles in this chapter

In briefMakes citizens of the United Kingdom and Colonies who were born or registered in the Bahamas Islands, and children of such fathers, Bahamian citizens on 10th July 1973.

(1)

Every person who, having been born in the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall become a citizen of the Bahamas on 10th July 1973.

A person who was born in the former Colony of the Bahamas Islands and who is a citizen of the United Kingdom and Colonies on 9th July 1973 becomes a citizen of The Bahamas on 10th July 1973.

(2)

Every person who, having been born outside the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of The Bahamas in accordance with the provisions of the preceding paragraph, become a citizen of The Bahamas on 10th July 1973.

A person who was born outside the former Colony of the Bahamas Islands and who is a citizen of the United Kingdom and Colonies on 9th July 1973 becomes a citizen of The Bahamas on 10th July 1973 if his father becomes a citizen of The Bahamas under paragraph (1), or would have become one under that paragraph if he had not died.

(3)

Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies having become such a citizen under the British Nationality Act 1948 by virtue of his having been registered in the former Colony of the Bahamas Islands under that Act shall become a citizen of The Bahamas on 10th July 1973:

A person who on 9th July 1973 is a citizen of the United Kingdom and Colonies because he was registered as such a citizen in the former Colony of the Bahamas Islands under the British Nationality Act 1948 becomes a citizen of The Bahamas on 10th July 1973:

Provided that this paragraph shall not apply to any citizen of the United Kingdom and Colonies-

But this paragraph does not apply to a citizen of the United Kingdom and Colonies-

(a)

who was not ordinarily resident in that Colony on 31st December 1972, or

who was not ordinarily resident (normally living) in that Colony on 31st December 1972, or

(b)

who became registered in that Colony on or after 1st January 1973, or

(c)

who on 9th July 1973 possesses the citizenship or nationality of some other country.

who on 9th July 1973 holds the citizenship or nationality of some other country.

Persons who become citizens on 10th July 1973Who becomes a citizen on 10th July 1973

In briefMakes people naturalised in the Bahamas Islands into Bahamian citizens one year after independence, unless they opt out or hold another nationality.

Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies-

A person who on 9th July 1973 is a citizen of the United Kingdom and Colonies-

(a)

having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalized in the former Colony of the Bahamas Islands before that Act came into force, or

because he was naturalised (granted citizenship after applying for it) in the former Colony of the Bahamas Islands before the British Nationality Act 1948 came into force and so became such a citizen under that Act, or

(b)

having become such a citizen by virtue of his having been naturalized in the former Colony of the Bahamas Islands under that Act, shall become a citizen of The Bahamas on 9th July 1974, unless prior to that date, he has in such manner as may be prescribed declared that he does not desire to become a citizen of The Bahamas:

because he was naturalised in the former Colony of the Bahamas Islands under that Act, becomes a citizen of The Bahamas on 9th July 1974, unless before that date he has declared, in the way that is prescribed (set out by law), that he does not want to become a citizen of The Bahamas:

Provided that this section shall not apply to a citizen of the United Kingdom and Colonies who on 9th July 1973 possesses the citizenship or nationality of some other country.

But this section does not apply to a citizen of the United Kingdom and Colonies who on 9th July 1973 holds the citizenship or nationality of some other country.

Persons who become citizens on 9th July 1974Who becomes a citizen on 9th July 1974

In briefGives wives of new citizens and holders of Bahamian Status the right to register as citizens, with conditions about other citizenships, security and age.

(1)

Any woman who, on 9th July 1973, is or has been married to a person-

A woman who, on 9th July 1973, is or has been married to a person-

(a)

who becomes a citizen of The Bahamas by virtue of Article 3 of this Constitution; or

who becomes a citizen of The Bahamas under Article 3 of this Constitution; or

(b)

who, having died before 10th July 1973, would, but for his death, have become a citizen of The Bahamas by virtue of that Article, shall be entitled, upon making application and upon taking the oath of allegiance or such declaration in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

who died before 10th July 1973 but would have become a citizen of The Bahamas under that Article if he had not died, is entitled to be registered as a citizen of The Bahamas when she applies and takes the oath of allegiance, or makes the prescribed (set out by law) declaration, in the prescribed way:

Provided that the right to be registered as a citizen of The Bahamas under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

But the right to be registered as a citizen of The Bahamas under this paragraph is subject to any exceptions or qualifications prescribed in the interests of national security or public policy.

(2)

Any person who, on 9th July 1973, possesses Bahamian Status under the provisions of the Immigration Act 1967 and is ordinarily resident in the Bahamas Islands, shall be entitled, upon making application before 19th July 1974, to be registered as a citizen of The Bahamas.

A person who, on 9th July 1973, has Bahamian Status under the Immigration Act 1967 and is ordinarily resident (normally living) in the Bahamas Islands is entitled to be registered as a citizen of The Bahamas if he applies before 19th July 1974.

(3)

Notwithstanding anything contained in paragraph (2) of this Article, a person who has attained the age of eighteen years or who is a woman who is or has been married shall not, if he is a citizen of some country other than The Bahamas, be entitled to be registered as a citizen of The Bahamas under the provisions of that paragraph unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declarations may be prescribed:

Despite paragraph (2) of this Article, a person who is aged eighteen or over, or who is a woman who is or has been married, and who is a citizen of a country other than The Bahamas, is not entitled to be registered as a citizen of The Bahamas under that paragraph unless he renounces (formally gives up) his citizenship of that other country, takes the oath of allegiance, and makes and registers the prescribed declarations:

Provided that where a person cannot renounce his citizenship of the other country under the law of that country he may instead make such declaration concerning that citizenship as may be prescribed.

But where a person cannot renounce his citizenship of the other country under that country's law, he may instead make the prescribed declaration about that citizenship.

(4)

Any application for registration under paragraph (2) of this Article shall be subject to such exceptions or qualifications as may be prescribed in the interest of national security or public policy.

Any application for registration under paragraph (2) of this Article is subject to any exceptions or qualifications prescribed in the interest of national security or public policy.

(5)

Any woman who on 9th July 1973 is or has been married to a person who subsequently becomes a citizen of The Bahamas by registration under paragraph (2) of this Article shall be entitled, upon making application and upon taking the oath of allegiance or such declaration as may be prescribed, to be registered as a citizen of The Bahamas:

A woman who on 9th July 1973 is or has been married to a person who later becomes a citizen of The Bahamas by registration under paragraph (2) of this Article is entitled to be registered as a citizen of The Bahamas when she applies and takes the oath of allegiance or makes the prescribed declaration:

But the right to be registered as a citizen of The Bahamas under this paragraph is subject to any exceptions or qualifications prescribed in the interests of national security or public policy.

(6)

Any application for registration under this Article shall be made in such manner as may be prescribed as respects that application:

Any application for registration under this Article must be made in the way prescribed for that kind of application:

Provided that such an application may not be made by a person who has not attained the age of eighteen year and is not a woman who is or has been married, but shall be made on behalf of that person by a parent or guardian of that person.

But a person who is under eighteen and is not a woman who is or has been married cannot make the application himself. It must be made on that person's behalf by a parent or guardian of that person.

Persons entitled to be registered as citizensWho may register as a citizen

In briefMakes a child born in The Bahamas after 9th July 1973 a citizen at birth if either parent is a citizen.

Every person born in The Bahamas after 9th July 1973 shall be come a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas.

A person born in The Bahamas after 9th July 1973 becomes a citizen of The Bahamas on the date of his birth if, on that date, either of his parents is a citizen of The Bahamas.

Persons born in The Bahamas after 9th July 1973Born in The Bahamas after independence

In briefLets a person born in The Bahamas to non-citizen parents register as a citizen at eighteen, within a twelve-month window and subject to conditions.

(1)

A person born in The Bahamas after 9th July 1973 neither of whose parents is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years or within twelve months thereafter in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

A person born in The Bahamas after 9th July 1973, neither of whose parents is a citizen of The Bahamas, is entitled to be registered as a citizen of The Bahamas if he applies, in the prescribed (set out by law) way, when he reaches the age of eighteen or within twelve months after that:

Provided that if he is a citizen of some country other than The Bahamas he shall not be entitled to be registered as a citizen of The Bahamas under this Article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed.

But if he is a citizen of a country other than The Bahamas, he is not entitled to be registered as a citizen of The Bahamas under this Article unless he renounces (formally gives up) his citizenship of that other country, takes the oath of allegiance, and makes and registers the prescribed declaration of his intentions about where he will live.

(2)

Any application for registration under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

Any application for registration under this Article is subject to any exceptions or qualifications prescribed in the interests of national security or public policy.

Persons born in The Bahamas after 9th July 1973 of non-citizen parentsBorn here to non-citizen parents

In briefMakes a child born abroad after 9th July 1973 a citizen at birth if the father is a citizen other than under this Article or Article 3(2).

A persons born outside The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date his father is a citizen of The Bahamas otherwise than by virtue of this Article or Article 3(2) of this Constitution.

A person born outside The Bahamas after 9th July 1973 becomes a citizen of The Bahamas on the date of his birth if, on that date, his father is a citizen of The Bahamas other than under this Article or Article 3(2) of this Constitution.

Persons born outside The Bahamas after 9th July 1973Born outside The Bahamas after independence

In briefLets a person born legitimately abroad to a Bahamian mother register as a citizen between eighteen and twenty-one, subject to conditions.

(1)

Notwithstanding anything contained in Article 8 of this Constitution, a person born legitimately outside The Bahamas after 9th July 1973 whose mother is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years and before he attains the age of twenty-one years, in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Despite anything in Article 8 of this Constitution, a person born legitimately (to married parents) outside The Bahamas after 9th July 1973 whose mother is a citizen of The Bahamas is entitled to be registered as a citizen of The Bahamas if he applies, in the prescribed (set out by law) way, after he reaches the age of eighteen and before he reaches the age of twenty-one:

(2)

Where a person cannot renounce his citizenship of some other country under the law of that country, he may instead make such declaration concerning that citizenship as may be prescribed.

Where a person cannot renounce his citizenship of another country under that country's law, he may instead make the prescribed declaration about that citizenship.

(3)

Any application for registration under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

Any application for registration under this Article is subject to any exceptions or qualifications prescribed in the interests of national security or public policy.

Further provisions for persons born outside The Bahamas after 9th July 1973Born abroad to a Bahamian mother

10.

In briefGives a woman who marries a Bahamian citizen after 9th July 1973 the right to register as a citizen while still married.

Any woman who, after 9th July 1973, marries a person who is or becomes a citizen of The Bahamas shall be entitled, provided she is still so married, upon making application in such manner as may be prescribed and upon taking the oath of allegiance of such declaration as may be prescribed, to be registered as a citizen of The Bahamas:

A woman who, after 9th July 1973, marries a person who is or becomes a citizen of The Bahamas is entitled, as long as she is still married to him, to be registered as a citizen of The Bahamas when she applies in the prescribed (set out by law) way and takes the oath of allegiance or makes the prescribed declaration:

Provided that the right to be registered as a citizen of The Bahamas under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security of public policy.

But the right to be registered as a citizen of The Bahamas under this Article is subject to any exceptions or qualifications prescribed in the interests of national security or public policy.

Marriage to citizens of The BahamasMarriage to a Bahamian citizen

11.

In briefLets the Governor-General remove citizenship from a citizen who voluntarily takes another country's citizenship or exercises rights reserved for its citizens.

(1)

If the Governor-General is satisfied that any citizen of The Bahamas has at any time after 9th July 1973 acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Governor-General may by order deprive that person of his citizenship.

If the Governor-General is satisfied that a citizen of The Bahamas has, at any time after 9th July 1973, acquired the citizenship of another country by registration, naturalisation or some other voluntary and formal act (other than marriage), the Governor-General may by order deprive that person of his citizenship (take his citizenship away).

(2)

If the Governor-General is satisfied that any citizen of The Bahamas has at any time after 9th July 1973 voluntarily claimed and exercised in any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Governor-General may by order deprive that person of his citizenship.

If the Governor-General is satisfied that a citizen of The Bahamas has, at any time after 9th July 1973, voluntarily claimed and exercised in another country rights available to him under that country's law that are given only to its citizens, the Governor-General may by order deprive that person of his citizenship.

Deprivation of citizenshipTaking away citizenship

12.

In briefLets a citizen aged twenty-one or over who has or will get another nationality renounce Bahamian citizenship, with a six-month condition and wartime limits.

Any citizen of The Bahamas who has attained the age of twenty-one years and who (a) is also a citizen or national of any other country; or

A citizen of The Bahamas who is aged twenty-one or over and who (a) is also a citizen or national of another country; or

(b)

intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of The Bahamas by a declaration made and registered in such manner as may be prescribed:

intends to become a citizen or national of another country, is entitled to renounce (formally give up) his citizenship of The Bahamas by a declaration made and registered in the prescribed (set out by law) way:

Provided that-

But-

(a)

in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration or renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of The Bahamas notwithstanding the making and registration of his declaration of his declaration of renunciation; and

if a person is not a citizen or national of another country on the date his declaration of renunciation is registered, and he does not become one within six months from that date, he is, and is treated as always having remained, a citizen of The Bahamas even though he made and registered his declaration of renunciation; and

(b)

the right of any person to renounce his citizenship of The Bahamas during any period when The Bahamas is engaged in any war shall be subject to such exceptions or qualification as may be prescribed in the interests of national security or public policy.

a person's right to renounce his citizenship of The Bahamas during any period when The Bahamas is engaged in a war is subject to any exceptions or qualifications prescribed in the interests of national security or public policy.

Renunciation of citizenshipGiving up citizenship

13.

In briefLets Parliament make laws on acquiring citizenship, on taking it away from citizens not covered by Articles 6 and 8, and on citizenship certificates.

Parliament may make provision-

Parliament may make laws-

(a)

for the acquisition of citizenship of The Bahamas by persons who do not become citizens of The Bahamas by virtue of the provisions of this Chapter;

for people who do not become citizens of The Bahamas under this Chapter to acquire citizenship of The Bahamas;

(b)

for depriving of his citizenship of The Bahamas any person who is a citizen of The Bahamas otherwise than by virtue of paragraphs (1) or (2) of Articles 6 or 8 of this Constitution; or

for taking away the citizenship of The Bahamas from a person who is a citizen of The Bahamas other than under paragraphs (1) or (2) of Articles 6 or 8 of this Constitution; or

(c)

for the certification of citizenship of The Bahamas for persons who have acquired that citizenship and who desire such certification.

for certifying the citizenship of The Bahamas of people who have acquired that citizenship and want such a certificate.

Power of ParliamentWhat Parliament can add

14.

In briefExplains how references to a father, births on ships or aircraft, and a father who died before the birth are treated in this Chapter.

(1)

Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimated before 10th July 1973, be construed as a reference to the mother of that person.

In this Chapter, a reference to a person's father is read as a reference to that person's mother if the person was born out of wedlock (to unmarried parents), unless the person was legitimated (given the legal status of a child born to married parents) before 10th July 1973.

(2)

For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered 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 or, as the case may be, in that country.

For the purposes of this Chapter, a person born on board a registered ship or aircraft, or on board an unregistered ship or aircraft belonging to the government of any country, is treated as having been born in the place where the ship or aircraft was registered or, as the case may be, in that country.

(3)

Any reference in this Chapter to the national status of the father of a person at the time of that person's birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 10th July 1973 and the birth occurred after 9th July 1973 the national status that the father would have had if he had died on 10th July 1973 shall be deemed to be his national status at the time of his death.

In this Chapter, a reference to the national status of a person's father at the time of that person's birth is, for a person born after the father's death, read as a reference to the father's national status at the time of his death. Where the father died before 10th July 1973 and the birth happened after 9th July 1973, the national status the father would have had if he had died on 10th July 1973 is treated as his national status at the time of his death.