Jamaican Nationality Act

Link to law: http://www.moj.gov.jm/laws/jamaican-nationality-act
Published: 1962-08-06

lAMAlCAN NATIONALITY 1

THE JAMAICAN NATIONALITY ACT

ARRANGEMENT OF SECTIONS

1. Short title
2. Interpretation.

3. Registration of Certain persons as citizens.
4. Minors

5. Effect of registratjon as a citizen.

5 ~ . 0ffer.x: in respect of which registration may be denid under
section 7 of the Constitution.

6. Naturalization of aliens and British protectad persons.

I. Renunciation of citizenship by reason of dual citiEcoship or
nationality.

8. Deprivation of citizenship.
9. Deprivation of citizenship of Jamaica whcrc persons deprived of

citizenship elsewhere.

9 ~ . Reinstatement of citizenship on application.
10. certificate of citizenship in case8 of doubt.
11. Minister's discretion not to be questioned and decisions to be

h a l .
12. Evidence.

13. Regulations.

14. offences.

15. Application of section 9 of the Constitution.

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JAMAICAN NATIONALITY 3

A&
a 1962,
39 of l%%

I oe 1979 [6fh August. 1962.1 1st srb.,
5 d 1995,
19 of 1999.

THE JAMAICAN NATIONALITY ACT

1. This Act may be cited as the Jamaican Nationality Shortfib.
Act

2.--(1) In this Act, unless the context otherwise re- ~ ~ t s ~ ~ -
quires- tation.

“alien” means a person who is not a Commonwealth
citizen, a British protected person or a citizen of
the Republic of Ireland;

“British protected persons” means a person who is
a British protected person for the purposes of
the British Nationality Act, 1948 of the United
Kingdom;

“child” includes an illegitimate child;

“the Commonwealth” means Jamaica, any country
mentioned in the First Schedule and any depen- Firat
dency of any such country;

Jamaica;

Schedule,

“the Constitution” means the Constitution of

“foreign country” means a country (other than the
Republic of lreland) that is not part of the
Commonwealth;

“Jamaican consulate” means the office of a consular
officer of the Government of Jamaica where a
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4 JAMAICAN NATIONALITY

11 1979
11 Sch.

I / 1919.
Iit6ch.

register of births is kept, or where there is no
such office, such office as may be prescribed:

"minor" means a person who has not attained the
age of eighteen years.

(2) For the purposcs of this Act, a person born
aboard a registered ship or aircraft, or aboard an un-
registered ship or aircraft of the government of any
country, shall be deemed to habe been born in the place
in which the ship or aircraft was registered or, as the
case may be, in that country.

(3) A person shall for the purposes of this Act be of
full age if he has attained the age of eighteen years and
of full capacity if he is not of unsound mind.

(4) For the purposes of this Act, a person shall be
deemed not to have attained a given age until the com-
mencement of the relevant anniversary of the day of his
birth

Rcgirtra- 3. A citizen of any country mentioned in the First
Schedule, or a citizen of the Republic of Ireland, being a

:E:," person of full age and capacity may, on making applica-
Fint tion therefor to the Minister in the prescribed manner, be

registered at the discretion of the Minister as a citizen of
Jamaica if he satisfies the Minister that he has been-

tim af

Schedule.

(a) ordinarily resident in Jamaica; or
(6) in Crown service under the Government of

Jamaica; or
(c) partly the one and partly the other,

throughout the period of Eve years ending with the date
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JAMAICAN NATtONALlTY

of his application, or such shorter period 50 ending as the
Minister may in the special circumstances of any particular
case accept.

4 4 1 ) The Minister may at his discretion cause the Mimoon.
minor child of any citizen of Jamaica to be registered as a
citizen of Jamaica upon application made in the prescribed
manner by a parent or guardian of the child.

(2) The Minister may, in such special circumstanoes
as he thinks fit, cause any minor to be registered as a
citizen of Jamaica.

(3) Where under any enactment in force in Jamaica
relating to the adoption of children an adoption order is
made in respect of a minor not a citizen of Jamaica then

the adopters, is a citizen of Jamaica the minor shall become a
citizen of Jamaica as from the date of the order.

if the adopter or in the case of a joint adoption, either of 511993 2,

Effect of 5. A person registered under section 3 or 4 shall be a
citizen of Jamaica by registration as from the date on
which he is registered.

OAOncea 5A.41) A person who, being married to a Jamaican . Inrrsw
citizen, is entitled to be registered as a citizen of Jamaica ;&FA*
pursuant to subseotion (1) of seotion 7 of the Constitution, Lion may

be drned may, upon making the prescribed application, be denied ,,,&rm-
such registration in accordance with subseotion (2) of that xT
section if the person has been convicted in any country of t i m .

1911999
s. 2. an offence specified in subsection (2) of this section.

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6 JAMAICAN NATIONALITY

.(2) The offence referred to in subsection (1) is-
(a) an offence-

(i, involving violence, fraud or dishonesty; or

(ii) the production, sale or otherwise dealing in
any drug contrary to the provisions of any
law for the time being in fom; or

(b) where it is committed in a country other than
Jamaica-

(i) an offence punishable under the law of that
county with imprisonment for a term of two
years or any greater punishment; and

(ii) the act or omission constituting the offence,
or the equivalen't act of omission, would con-
stitute an offence against the law of Jamaica
if it took place within Jamaica or, in the
case of an extra territorial offence, in corres-
ponding circumstances outside Jamaica.

Naturali-
tion of
aliens $tzzh
w-3-
second

6. The Minister may at his discretion, if application
therefor is made to him in the prescribed manner by any
alien or British protected person of full age and capacity
who satisfies him that he is qualified under the provisions
of the Second Schedule for naturalization, grant to him
a certificate of naturalization, and the person to whom this
certificate is granted shall, on taking the oath of allegiance

Schedule.

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JAMAICAN NATIONALJTY 6.01

h tbe form specified in the Third Schedule, be a citizen of Third
Jamaica by naturalization as from the date on which that
certificate is granted.

Schedule.

7.--(1) If any citizen of Jamaica of full age and capacity Rcnuncia-
Imn of

by reaaon of
dual cktm0-

nationality.
Fint
Schedula

who is also- citizenship

(U) a citizen of any country mentioned in the F i i sbnpor
Schedule, or of the Republic of Ireland; or

(6) a national of a foreign country,

makes a declaration in the prescribed manner of renun-
ciation of citizenship of Jamaica, the Minister shall cause
the declaration to be registered, and upon the registra-
tion, that person shall cease to be a citizen of Jamaica:

Provided that the Minister may at his discretion with-
bold registration of any such declaration if it is made dur-
ing any war in which Jamaica is engaged by a person who
is a national of a foreign country.

(2) For the purposes of this section any woman who
is or has been married shall be deemed to be of full age.

8.-(1) Subject to the provisions of this section, the Deprivation
of cilizen- Minister may at his discretion by order deprive of his ship.

citizenship any citizen of Jamaica who is such by registra-
tion or naturalization i f the Minister is satisfied that the

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6.02 JAMAICAN N A T I O N A U T Y

registration or certificate of naturalization was obtained by
means of fraud, false representation or the concealment of
any material fact.

(2 ) Subject to the provisions of this section, the
Minister may a t his discretion by order deprive of his
citizenship any citizen of Jamaica who is such by natural-
ization if the Minister is satisfied that that citizen-

(0) has shown himself by act or speech to be disloyal
or disdected towards Her Majesty; or

(b) has, during any war in which Jamaica was en-
gaged, unlawfully traded or communicated with
an enemy or been engaged in or associated with
any business that was to his knowledge carried
on in such manner as to assist an enemy in that
war; or

(ci has within five years after becoming naturalized
been sentenced in any country to imprisonment
for a term of not less than twelve months.

(3) The Minister may by order deprive of his citizen-
ship any citizen of Jamaica who is such by naturalization
if he is satisfied that that citizen has been ordinarily
resident in foreign countries for a continuous period of
seven years and during that period-

(a) has not been at any time in the service of Her
Majesty or of an international organization of
which the Government of Jamaica was a
member; or

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JAMAICAY NATIONALITY

(b) has not registered annually in the prescribed
manner at a Jamaican consulate his intention to
retain his citizenship of Jamaica; or

(c) has not given notice in writing to the Minister
of his intention to retain his citizenship of
JaIllaiCa.

(4) The Minister shall not deprive a person of
citizenship under this section unless he is satisfied that it
is not conducive to the public good that that person
should continue to be a citizen of Jamaica.

(5) Before making an order under this section the
Minister shall give thc person against whom the order is
proposed to be made, notice in writing informing him of
the ground on which it is proposed to be made and, if
the order is proposed to be made on any of the grounds
specified in subsections ( 1 ) and (2), of his right to an en-
quiry under this section.

(6) If the order is proposed to be made on any of
the grounds speci6ed in subsections (1) and (2) and the
person against whom the order is proposed to be made
applies in the prescribed manner for an enquiry. the
Minister shall, and in any other case the Minister may.
at his discretion, refer the case to a committee of enquiry
consisting of a chairman, being a person possessing judicial
experience, appointed by the Minister and of such other
members appointed by the Minister as he thinks proper.

(7) The Minister may make rules for the practice
and procedure to be followed in connection with a com-
mittee of enquiry appointed under this section, and such

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8 JAMAICAN NATIONALITY

rules may, in particular, provide for conferring on such
committee any powers, rights or privileges of any court,
and for enabling any powers so conferred to be exercised
by one or more members of the committee.

(8) A person who is deprived of his citizenship of
Jamaica by an order under this section or under section 9,
shall, upon the making of the order, cease to be a citizen
of Jamaica.

9 4 1 ) Where any citizen of Jamaica, who is such by
naturalization, was also a citizen of any country mentioned
in the First Schedule, or of the Republic of Ireland but has
been deprived of his citizenship of that country on grounds
which in the opinion of the Minister are substantially
similar to any of the grounds specified under subsections
(l), (2) and (3) of section 8, the Minister may at his discre-
tion by order deprive him of his citizenship of Jamaica if
the Minister is satisfied that it is not conducive to the
public good that that person should continue to be a citizen
of Jamaica.

(2) Before making an order under this section, the
Minister shall give the person against whom the order
is proposed to be made, notice in writing informing him
of the ground on which it is proposed to be made and
may refer the case to a committee of enquiry constituted
in the manner provided by section 8.

Reinstate- 9.441) The Minister may at his discretion and in the
merit of prescribed manner cause citizenship of Jamaica to be
C i t k l l -
ship on
upplica-
lion. (a) was a citizen of Jamaica by birth, descent or
51 1993 s. 3. adoption;

(b) has renounced that citizenship; and
(c) has made application to the Minister in the pre-

scribed manner for the restoration of that citizen-

~ ~ ~ ~ i ~ ~ ~ i ~ ~
Of citizen-

Jamaica

son.. de-

c;r:zenchip
ersewhere. First

Schedule.

ship of

whcrc per-

prived of

restored to any person who-

ship.

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JAMAICAN NATIONALITY 9

(2) The provisions of sections 8 and 9 shall not
apply to any person whose Jamaican citizenship is restored
pursuant to subsection (1).

(3) The provisions of sections 3 and 6 shall not
apply to persons who apply under subsection (1) to have
their Jamaican citizenship restored.

(4) The Minister may by order prescribe the pro-
cedure to be followed in restoring citizenship under this
section.
10.-(1) The Minister may in such case as he thinks

fit, on application made by or on behalf of any person with #hipin
respect to whose citizenship of Jamaica a doubt exists,
whether on a question of fact or law, certify that that
person is a citizen of Jamaica.

(2) A certificate issued under this section shall,
unless it is proved that it was obtained by means of
fraud, false representation or concealment of any material
fact, be conclusive evidence that that person was such a
citizen on the date thereof, but without prejudice to any
evidence that he was such a citizen at any earlier date.
11. The Minister shall not be required to assign any Minj,tM.r

reason for the grant or refusal of any application under
this Act, the decision on which is at his discretion; and w=tioned
the decision of the Minister on any such application shall sionrtob

of citizen-

and ded-

lmd. not be subject to any appeal or review in any court.
lZ.-(l) Every document purporting to be a notice,

certificate, order or declaration, or an entry in a register
or a subscription of an oath of allegiance, given, granted
or made under this Act or under the provisions of Chapter
I1 of the Constitution shall be received in evidence and
shall, unless the contrary is proved, be deemed to have
been given, granted or made by or on behalf of the person
by whom or on whose behalf it purports to have been given,
granted or made.
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10

(2) Prima fucie evidence of any such document as
aforesaid may be given by production of a document pur-
porting to be certified as a true copy thereof by such person
and in such nianner as may be prescribed.

(3) Any entry in a register made under this Act
or under the provisions of Chapter I1 of the Constitution
shall be received as evidence of the matters stated in the
entry.

Rcw~atioru 13.-(1) The Minister may make regulations generally
for giving effect to the provisions of this Act, and in par-
ticular but without prejudice to the generality of the
foregoing may make regulations-

(a) prescribing anything q u i ~ e d by this Act or
by the provisions of Chapter I1 of the Constitu-
tion to be prescribed;

(b) for the registration of anything required or
authorized under this Act or under the provisions
of Chapter II of the Constitution to be regis-
tered;

(c) for the administration and taking of o a t h of
allegiance under this Act, for the time within
which oaths of allegiance shall be taken and for
the registration of oaths of allegiance;

(d) fixing the fees to be paid in respect of-
(i) any application made to the Minister

under this Act; or
(ii) any registration, or the making of any

declaration, or the grant of any certificate,
or the taking of any oath of allegiance,
required or authorized to be made, granted
or taken by or under this Act or by or
under the provisions of Chapter 11 of the
Constitution; or

/--

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IAMAICAN NA TfONA LITY

.. ,

. .

. .

. . .

.. .

. liii) supplying a certified or other copy of an?
notice, certificate, order, declaration or
entry, given, granted or made as aforesaid.

and providing for the application of any such fees;

(e) for the giving of any notice required or authorized
to be given to any person by or under this Act;

cf) for the cancellation of the registration of, and
the cancellation and amendment of certificates of
naturalization relating to, persons deprn ed of
citizenship under this Act or under the provi-
sions of Chapter I1 of the Constitution, and for
requiring such certificates to be delivered up for
such purposes;

(g) for the registration by consular officers or other
officers in the service of the Government of
Jamaica of the births and deaths of persons of
any class or description born or dying outside
Jamaica;

(h) for enabling the births and deaths of citizens of
Jamaica born or dying in any country in which
the Government of Jamaica has for the time
being no diplomatic or consular representatives,
to be registered-

. .
(i) by persons serving in the diplomatic, con-

sular or other foreign service of any coun-
. . try which, by arrangement with the

Government of Jamaica, hzs undertaken . . . . ..
to represent that Government's interest in

(ii) by a persm authorized in that behalf by

(i)' prescribing the procedure to be followed in 51194

. . . .

.. . ..that country; or

the Minister;

restoring citizenship under section 9 ~ . 5. 4 (bz

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12 JAMAICAN NATIONALITY

(2) All Regulations made under this section shall be

14.41) Any person who for the purpose of procuring
anything to be done or not to be done under this Act or
under the provisions of Chapter II of the Constitution
makes any statement which he knows to be false in a
material particular, or recklessly makes a statement which
is false in a material particular, shall be guilty of an
offence and shall be liable on summary conviction before a
Resident Magistrate to imprisonment with or without hard
labour for a term not exceeding three months.

(2) Any person who fails to comply with any
requirements imposed on him by regulations made under
this Act with respect to the delivering up of certificates
of naturalization, shall be guilty of an offence and shall
be liable on summary conviction before a Resident Magis-
trate to a fine not exceeding two hundred dollars and in
default of payment thereof to imprisonment with or with-
out hard labour for a term not exceeding three months.

subject to negative resolution.

off-

=&a 15. From and after the 6th August, 1962, the countries
'tot&- to which section 9 of the Constitution amlies are those
ComIiN-
lion.
Fimi
schedule.
3911965
S. 2.

ZL

-.
mentioned in the First Schedule :

Provided that the Minister may by order-.
(a) declare that any country specified in the order is

a country to which the said section 9 applies or
in respect of which the said section shall cease to
apply, and thereupon the First Schedule shall be
amended accordingly; or

(b) make such other variation in that Schedule as
may be considered appropriate,

so, however, that no such order shall be made unless the
draft thereof has been laid before Parliament and approved
by resolution of each House of Parliament.

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JAMAICAN NATIONALITY

FIRST SCHEDULE
Aatigua and Barbuda
Australia
Bahamas
Bangladesh
Barbados
Belize
Botswana
Brunei
Canada
CYDIUS ~. ~~-
Dominica
Fiii

13

G l k a
Grenada
India
Kenya
Kiribati
Lesotho
Malawi
Malaysia
Malta
Mauritius
Nauru
New Zealand
Papua, New Guinea
Republic of Maldives
Seychelles
Sierra Leone
Singapore
Solomon Islands
St. Christopher-Nevis
St. Lucia
St Vincent and the Grenadines
Swaziland
The Co-operative Republic of Guyana
The Federation of Nigeria
The Gambia
The Republic of Sri Lanka
The United Kingdom and Colonies
The United Republic of Tanvloia
Tonga
Trinidad and Tobago
Tuvalu
Uganda
VallUatU
Western Samoa
Zambia
2imbabwe

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14 IAMAICAN NATIONALITY

SECOND SCHEDULE (Section 6)

1. Subject to the provisions of paragraph 2, the qualiEcations for

(U) that he has resided in Jamaica throughout the period of
twelve months immediately preceding the date of the applica-
tion; and

(b) that during the seven years immediately preceding the said
period of twelve months he has resided in Jamaica for periods
amounting in the agpegate to not less than four years; and

(c) that he is in the opinion of the Minister of good character:
and

(d) that he intends in the event of a certi6cate being granted CO
him to reside in Jamaica

2. The Minister may, if in the special circumstances of any par-

(a) allow a continuous period of twelve months ending not more
than six months before the date of the application to be
reckonad for the purposes of sub-paragraph (a) of paragraph
1, as if it had immediately preceded that date;

(b) allow residence in any country mentioned in the First
Schedule or in a dependency thereof to be reckoned for the
purposes of sub-paragraph ( b ) of parayraph 1;

(c) allow periods of residence earlier than eight years before the
date of the application 10 be reckoned in computing the
aggregate mentioned in sub-paragraph (6) of paragraph 1.

3. The qualifications for naturalization of a British protected person

(0) that he is ordinarily resident in Jamaica and has been so
resident throughout the period of five years, or such shorter
period as tRe Minister may in the special circumstances of
any case accept, immediately preceding his application: and

(b) the qualifications specified in sub-paragraphs (c) and (4 of
paragraph 1.

THiRD SCHEDULE (Section 6)

Qudifccriorls /or Nutiiralizoriori

naturalization of an alien who applies therefor are-

ticular case he thinks fit-

who applies therefor are-

Oath of Allegiance

I, .................................................................... ....... do swear
that I will he faithful and bear true allegiance to Her Majesty Queen
Elizabeth 11, Her Heirs and Successors aaoording to law and that I
will faithfully observe the laws of J m n i c a and fulfil my duties as a
citizen of Jamaica.

So HELP ME GOD
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