Citizenship of the Republic of Trinidad and Tobago


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LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

www.legalaffairs.gov.tt

CITIZENSHIP OF THE REPUBLIC OF TRINIDAD AND TOBAGO ACT
CHAPTER 1:50
Act 11 of 1976 Amended by 25 of 1978 17 of 1981 28 of 1981
4/1985 23/1985 21 of 1988 6 of 1993 63 of 2000 66 of 2000

Current Authorised Pages

Pages

Authorised

(inclusive)

by L.R.O.

1–60

..

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

www.legalaffairs.gov.tt

Citizenship of the

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Chap. 1:50

Republic of Trinidad and Tobago

Index of Subsidiary Legislation

Citizenship of the Republic of Trinidad and Tobago Regulations

(GN 126/1978) …











Delegation of Functions (Immigration and Citizenship) Order (LN 52/1988) …

Page
16 60

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS
Citizenship of the
Republic of Trinidad and Tobago

www.legalaffairs.gov.tt

Chap. 1:50

3

CHAPTER 1:50
CITIZENSHIP OF THE REPUBLIC OF TRINIDAD AND TOBAGO ACT

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.

PRELIMINARY
2. Interpretation. 3. References in existing laws to British subject to be construed as
including references to Commonwealth citizens. 4. Existing laws to have effect in relation to citizens of the Republic of
Ireland as if they were Commonwealth citizens.

PART I

ACQUISITION OF CITIZENSHIP

5. Citizenship by descent.

6. Citizenship on adoption.

7. Registration of Commonwealth citizens, citizens of the Republic of Ireland and British protected persons.

8. Registration of minor children.

9. 10.

} (Repealed by Act No. 25 of 1978).

11. Dual citizenship.

12. Naturalisation.

13. Effect of certificate of naturalisation.

13A. Restriction on registration and naturalisation.

PART II
LOSS OF CITIZENSHIP 14. Deprivation of citizenship. 15. (Repealed by Act No. 63 of 2000). 16. Renunciation of citizenship.

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

www.legalaffairs.gov.tt

Citizenship of the

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Republic of Trinidad and Tobago

ARRANGEMENT OF SECTIONS—Continued

SECTION

17. Retention of citizenship after renunciation in special case.

}18.

to

(Repealed by Act No. 25 of 1978).

21.

PART III
MISCELLANEOUS 22. Certificate of citizenship in cases of doubt. 23. Form of oath. 24. Evidence. 25. Offences. 26. Regulations.
SCHEDULE.

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS
Citizenship of the
Republic of Trinidad and Tobago

www.legalaffairs.gov.tt

Chap. 1:50

5

CHAPTER 1:50

CITIZENSHIP OF THE REPUBLIC OF TRINIDAD AND TOBAGO ACT

An Act to re-enact and revise certain laws respecting citizenship 11 of 1976. of the Republic of Trinidad and Tobago.

[31ST JULY 1976]

Commencement. 119/1976.

1. This Act may be cited as the Citizenship of the Republic Short title.

of Trinidad and Tobago Act.

PRELIMINARY

2. (1) In this Act—

Interpretation. [17 of 1981

“alien” means a person who is not a Commonwealth citizen, a 28 of 1981].

British protected person or a citizen of the Republic of

Ireland;

“British protected person” means a person who is a British

protected person for the purposes of the British Nationality 11 & 12 Geo. 6

Act, 1948 of the United Kingdom;

c. 56 (U.K.).

“certificate of naturalisation” means a certificate of naturalisation issued under this Act;

“the Commonwealth” and “Commonwealth country” mean Trinidad and Tobago, any country to which section 18 of the Constitution applies and any dependency of any such country;

“Commonwealth citizen” means a citizen of any country to which section 18 of the Constitution applies, and includes a citizen of Trinidad and Tobago;

“the Constitution” means the Constitution of the Republic of Trinidad and Tobago set out in the Schedule to the Constitution of the Republic of Trinidad and Tobago Act; Ch. 1:01.

“consulate of Trinidad and Tobago” means an office of a consular officer of the Government, or, where there is no such office such office as may be prescribed;

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

www.legalaffairs.gov.tt

Citizenship of the

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Chap. 1:50

Republic of Trinidad and Tobago

S.I. 1962/1875 (U.K.).
Ch. 46:07.
Ch. 28:02

“foreign country” means a country other than the Republic of Ireland that is not part of the Commonwealth;
“the former Constitution” means the Trinidad and Tobago Constitution set out in the Second Schedule to the Trinidad and Tobago (Constitution) Order-in-Council 1962;
“minor” means a person who has not attained the age of eighteen years;
“responsible parent” in relation to any child means the father but— (a) where the father is dead; or (b) where custody of the child has been awarded to the mother; or (c) paternity of the child is not admitted or established in accordance with the Status of Children Act,
the expression “responsible parent” means the mother;
“service under the Government” means service, whether within or outside Trinidad and Tobago, under the Government or under an authority of the Government.

(2) For the purposes of this Act, a person shall be—

(a) of full age, if he attains the age of eighteen years; and

(b) of capacity, if he is not mentally ill, within the meaning of the Mental Health Act.

(3) (4)

}

(Repealed by Act No. 17 of 1981).

(5) Where under this Act a person is required to renounce the citizenship of a country but either—

(a) under the law of that country he is not permitted to do so; or

(b) he is unable to establish that he is a citizen of that country,

he may make instead the prescribed declaration concerning that citizenship.

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS
Citizenship of the
Republic of Trinidad and Tobago

www.legalaffairs.gov.tt

Chap. 1:50

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3. A reference to a British subject in any law in force in Trinidad and Tobago on the commencement of this Act shall be construed so as to include a reference to a Commonwealth citizen.
4. A law in force in Trinidad and Tobago at the date of commencement of this Act and any written law which, although made before that date, comes into operation on or after that date shall have effect in relation to citizens of the Republic of Ireland who are not Commonwealth citizens, in like manner as they have effect in relation to Commonwealth citizens.

References in existing laws to British subject to be construed as including references to Commonwealth citizens.
Existing laws to have effect in relation to citizens of the Republic of Ireland as if they were Commonwealth citizens.

PART I

ACQUISITION OF CITIZENSHIP

5. (1) The Minister shall cause a child born outside of Trinidad and Tobago of a citizen of Trinidad and Tobago by descent to be granted a certificate of citizenship of Trinidad and Tobago upon receipt of the prescribed application made—
(a) by the responsible parent or the guardian of such child before the child attains full age; or
(b) by the child within one year of his attaining his majority according to the law of the country of which he is a citizen or on his attaining full age.

Citizenship by descent. [25 of 1978].

(2) A person to whom a certificate of citizenship of Trinidad and Tobago is granted under subsection (1) is a citizen of Trinidad and Tobago by descent for all the purposes of the law relating to citizenship save that nothing in subsection (1) applies to a child of a person who became a citizen of Trinidad and Tobago by reason of that subsection.

6. Where under a law in force in Trinidad and Tobago relating to the adoption of children, an adoption order is made by a competent Court in respect of a minor who is not a citizen of Trinidad and Tobago, then, if the adopter, or in the case of a joint adoption, either of the adopters, is a citizen of Trinidad and Tobago, the minor shall become a citizen of Trinidad and Tobago as from the date of the order.

Citizenship on adoption. [66 of 2000].

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

www.legalaffairs.gov.tt

Citizenship of the

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Chap. 1:50

Republic of Trinidad and Tobago

Registration of Commonwealth citizens, citizens of the Republic of Ireland and British protected persons. [25 of 1978 63 of 2000].

7. (1) Subject to this section, the Minister may cause any person of full age and capacity to whom this section applies to be registered as a citizen of Trinidad and Tobago if that person makes the prescribed application for registration to the Minister and satisfies the Minister—
(a) that he is of good character;
(b) that he has an adequate knowledge of the English language and of the duties of a citizen of Trinidad and Tobago;
(c) that he has either resided in Trinidad and Tobago or has been in the service of the Government, or has had partly such residence and partly such service, throughout the period of five years, or such shorter period (not being less than twelve months) as the Minister may in the special circumstances of any particular case accept, immediately preceding the date of his application.

(2) A person to whom this section applies shall not be registered under this section unless he takes the oath of allegiance.

(3) This section applies to a Commonwealth citizen, a citizen of the Republic of Ireland, and to a British protected person.

Registration of minor children. [25 of 1978 63 of 2000].

8. (1) The Minister may cause the minor child born outside Trinidad and Tobago of a citizen of Trinidad and Tobago to be registered as a citizen of Trinidad and Tobago upon receipt of the prescribed application made by the responsible parent or the guardian of such child.
(2) The Minister, in such special circumstances as may be prescribed, may cause any minor to be registered as a citizen of Trinidad and Tobago.
(3) A person who becomes a citizen of Trinidad and Tobago by virtue of this section shall cease to be a citizen of Trinidad and Tobago one year after attaining full age unless he has taken the oath of allegiance.

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS
Citizenship of the
Republic of Trinidad and Tobago

www.legalaffairs.gov.tt

Chap. 1:50

9

9. (Repealed by section 6 of Act No. 25 of 1978).

10. (Repealed by section 7 of Act No. 25 of 1978).

11. (1) Subject to this Act, a citizen of Trinidad and Tobago shall cease to be such a citizen if he acquires the citizenship of another country by voluntary act other than marriage.
(2) The Minister may cause a person who ceased to be a citizen of Trinidad and Tobago other than by birth or descent by reason of the voluntary acquisition of the citizenship of another country, to be granted a certificate of citizenship where that person—
(a) makes the prescribed application; (b) satisfies the Minister—
(i) that he is of good character; (ii) that he has adequate knowledge of the
English Language and of the duties of a citizen of Trinidad and Tobago; (c) (Deleted by Act No. 63 of 2000); and (d) takes the oath of allegiance.

Dual citizenship. [25 of 1978 21 of 1988 63 of 2000].

(2A) A person who being a former citizen of Trinidad and Tobago by birth or by descent, having voluntarily acquired the citizenship of another country or having renounced citizenship of Trinidad and Tobago in order to acquire citizenship of another country may, on the coming into force of this Act, make an application to the Minister on the prescribed form to have citizenship of Trinidad and Tobago restored to him.

(2B) The Minister shall by the issuance of a certificate of restoration of citizenship, restore citizenship to a person who makes an application under subsection (2A) where such a person satisfies him that he—
(a) is not a habitual criminal within the meaning of section 7(3) of the Immigration Act; and
(b) does not fall within the prohibited classes described in section 8(1)(b), (d)–(o), and (q) of the Immigration Act.

Ch. 18:01.

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

www.legalaffairs.gov.tt

Citizenship of the

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Chap. 1:50

Republic of Trinidad and Tobago

(2C) Where an applicant falls within any of the classes referred to in paragraph (2B)(b) the Minister may, in his discretion determine whether citizenship should be restored to the applicant.
(2D) A citizen of Trinidad and Tobago by birth or by descent, who acquires citizenship of another country shall not lose his citizenship by reason only of such acquisition.
(2E) A person who between 31st August, 1962 and 29th July, 1988, voluntarily acquired the citizenship of another country by voluntary act other than marriage and ceased to be a citizen of Trinidad and Tobago and was subsequently granted a certificate of citizenship under section 11(2) of the Act prior to the 29th July, 1988 is deemed to have re-acquired citizenship of Trinidad and Tobago on the date he ceased to be a citizen of Trinidad and Tobago.
(3) Any person who ceases to be a citizen of Trinidad and Tobago under the former Constitution by reason of his failure to renounce his citizenship of another country shall, if the citizenship of that other country was acquired involuntarily or by marriage, be deemed not to have ceased to be a citizen by reason of such failure; and, unless he has since acquired citizenship of a foreign country by voluntary act other than marriage, or he has otherwise lost his citizenship under section 14, he shall continue to be a citizen under this Act.

Naturalisation. [25 of 1978 63 of 2000].

12. (1) The Minister may grant a certificate of naturalisation to any alien of full age and capacity who makes the prescribed application therefor and satisfies the Minister—
(a) that he has the qualifications specified in section 7(1)(a) and (b);
(b) that he has resided in Trinidad and Tobago throughout the period of twelve months immediately preceding the date of his application;
(c) that during the seven years immediately preceding the said period of twelve months he has resided in Trinidad and Tobago or has had service under the Government, or has had partly such residence and partly such service, for periods amounting in the aggregate to not less than five years.

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015

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Citizenship of the Republic of Trinidad and Tobago