Grenadian nationality law

Grenadian nationality law is regulated by the 1973 Grenadian Constitution, as amended; the Citizenship Act of 1976, and its revisions; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Grenada. Grenadian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Grenada; or under the rules of jus sanguinis, i.e. by birth abroad to parents with Grenadian nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is also, currently a program in Grenada for persons to acquire nationality through investment in the country. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, for rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth, have traditionally used the words interchangeably.

Grenada was previously an associated state of the United Kingdom and local residents were British subjects. Over time, the colony was granted more autonomy and gradually became independent from the United Kingdom. Although Grenadian citizens are no longer British, they continue to hold favoured status when residing in the UK; as Commonwealth citizens, Grenadians are eligible to vote in UK elections and serve in public office there.

Acquiring Grenadian nationality

Grenadian nationality is acquired through birth, registration, or naturalisation.

By birth

* Persons who are born within the territory, except if the parent has diplomatic immunity or is a national of a country at war with Grenada;

* Persons who are born abroad to at least one parent who was born in Grenada;

* Persons born upon aircraft or ships registered in Grenada or unregistered aircraft or ships belonging to the government; or

* Foundlings.

By registration

Nationality by registration includes those who have familial or historic relationship affiliations with Grenada. It also includes a scheme to acquire nationality through investment. Persons who acquire nationality by registration include:

By affiliation

*Persons who were the spouse or widow/er of a national who acquired nationality at the time of independence, or would have acquired nationality except for the death of the spouse;

* Minor persons, who register by their eighteenth birthday, who were born to a Grenadian parent, or a parent who would have acquired such nationality at independence had the parent not died prior to independence;

*Post-independence, the spouse of a national;

*Persons who are nationals of a Commonwealth country, or the Republic of Ireland, who have become residents of Grenada and resided in the territory or worked for the government for at least five years;

*Minors under age eighteen who are legally adopted are eligible for registration upon issuance of an adoption order.

By investment

Requirements for acquiring nationality by investment in Grenada require a minimum of one year permanent residency in Grenada. The primary applicant must be 18 years of age or older and up to four family members (parents, grandparents, siblings, spouse, or children) must make a minimum investment, which in 2020 was US$150,000 for a single applicant and US$200,000 for a family of four persons, to the National Transformation Fund. Other investments for approved projects or investments in economic projects which will create jobs have other monetary requirements. Agents of the Citizenship by Investment Unit are responsible for processing applications. Applicants must pay non-refundable due diligence fees for background checks and provide other documentation, such as medical reports, identity documents, and a police report, as required.

By naturalisation

Ordinary naturalisation in Grenada can be obtained by adult persons of legal capacity, who in the 12 months prior to submitting an application resided in the territory, are of good character, and intend to be a resident of Grenada. Applicants petition the Minister responsible for immigration, who considers whether the applicant has adequate knowledge of the English language; and has resided within the territory for seven years (the last two of which must be as a permanent resident), worked for the government, or has combined residency and government service for seven years. The application must be accompanied by appropriate documents to verify identity and confirm that the applicant is not a threat to the security or public order of Grenada. Upon approval, applicants who are not nationals of Commonwealth countries must take an Oath of Allegiance. Grenada allows a special naturalisation process for people who are political refugees or stateless, at the discretion of the Minister.

Loss of nationality

Nationals may voluntarily renounce their affiliation with Grenada, if the declarant is a legal adult and is able to acquire other nationality, eliminating the prospect of statelessness within twelve months. Renunciation may not be accepted if Grenada is in a war with the proposed new source of nationality. Denaturalisation may occur if a person obtained nationality through fraud, false representation, or concealment; if they have committed acts of treason; if they have committed acts of disloyalty or service to a foreign government; if they are found guilt of certain criminal offences; and in the case of nationality by investment for failure to meet requirements of the program.

Dual nationality

Dual nationality has been permissible since independence.

History

Spanish and French colonial period (1498–1763 and 1783)

Grenada was encountered by Spain in 1498, however no attempts were made to inhabit it by them because of the warlike nature of the indigenous Kalinago, or Carib, people living there. A colonization attempt was made by British merchants in 1609, but failed because of altercations with the native population. In 1626, the Compagnie de Saint-Christophe was chartered by Louis XIII of France's chief minister, Cardinal Richelieu to colonize the Lesser Antilles. In 1627 a royal patent was issued by Charles I of England to James Hay, 1st Earl of Carlisle granting rights over the islands situated between 10° and 20° north latitude, creating a competing claim for Grenada. In 1650, Jacques Dyel du Parquet purchased land from the Caribs and established a permanent French settlement. Du Parquet sold his interest in Grenada to Jean de Faudoas, Comte de Sérillac, in 1657, who in turn sold the island to the French West India Company in 1664. The Proprietary