Solomon Islands 1978 Constitution (reviewed 2018)

CHAPTER III. CITIZENSHIP

20. Persons who become citizens on Independence Day

1

1. Every person who is immediately before Independence Day an indigenous Solomon Islander shall become a citizen of Solomon Islands on Independence Day.
2. Every person who was born in Solomon Islands before Independence Day and who has or had two grandparents who are or were members of a group, tribe or line indigenous to Papua New Guinea or the New Hebrides shall become a citizen of Solomon Islands on Independence Day.

1. Every person who before Independence Day has made, or been included in an application to the Government for citizenship of Solomon Islands containing the information specified in subsection (4) of this section and who at the time of making such application possessed any of the qualifications specified in subsection (3) of this section, shall become a citizen of Solomon Islands on Independence Day.
2. The qualifications referred to in subsection (2) of this section and subsection (1) of the next following section are that the person concerned, not being an indigenous Solomon Islander, is—
   1. a woman married to an indigenous Solomon Islander; or
   2. a citizen of the United Kingdom and Colonies or a British protected person who was born in Solomon Islands; or
   3. a citizen of the United Kingdom and Colonies or a British protected person having acquired such status under the British Nationality Acts 1948 to 1965[3] by virtue of his having been naturalised or registered under those Acts, or naturalised as a British subject before 1949, by the Governor of the former protectorate of the Solomon Islands; or
   4. a citizen of the United Kingdom and Colonies or a British protected person whose father possesses or at his death possessed one of the qualifications specified in paragraph (b) or (c) of this subsection; or
   5. a woman who has been married to a person who possesses, or at his death possessed, one of the qualifications specified in paragraph (b), (c) or (d) of this subsection; or
   6. a citizen of the United Kingdom and Colonies or a British protected person who was deemed to belong to Solomon Islands because such person—
      1. has lawfully resided in Solomon Islands for any period of seven years during which he has not been absent therefrom for a period or periods amounting in all to more than eighteen months and since the completion of such period of residence has not been ordinarily resident continuously for a period of two years or more in any other territory within the Commonwealth in circumstances in which he has acquired or retained a right of residence in that territory; or
      2. is the wife of a person to whom the foregoing subparagraph applies not living apart from such person under a decree of a court or a deed of separation; or
      3. is the child, step-child or child adopted in a manner recognised by law under the age of eighteen years of a person to whom either of the foregoing subparagraphs applies.
3. The information required to be contained in an application for the purposes of this section and the next following section is as follows—
   1. the name, date and place of birth (so far as is known) of the applicant of any other person included in the application or of a minor on whose behalf the application is made, together with, where applicable, the date of naturalisation or registration;
   2. a statement by the applicant whether or not he is including in his application his wife and minor children, if any, and in the case of an application including a wife, a statement by her that she consents to her inclusion in the application;
   3. if the applicant is applying on grounds that his father was born, naturalised or registered in Solomon Islands, also the father’s name, place and date of birth (so far as is known) and, if relevant, the date of the father’s naturalisation or registration;
   4. if the application is made by or on behalf of a woman on grounds of marriage to a man who, or whose father, was born, naturalised or registered in Solomon Islands also the name, place and date of birth (so far as is known) and, if relevant, the date of naturalisation or resignation of the man and, if necessary, his father;
   5. a statement by the applicant that, if he is resident in Solomon Islands at the time of making application, he intends to continue such residence, or that, if he is not so resident at that time, he regards Solomon Islands as his home country;
   6. a declaration by the applicant of his allegiance to Solomon Islands and his respect for the culture, the language and the way of life of Solomon Islands; and
   7. a statement by the applicant that he intends to renounce any other nationality that he may hold at the time of making application.
4. The reference in paragraph (3) of this section to the Governor of the former protectorate of Solomon Islands shall, in relation to any certificate granted or registration effected by some other officer in his capacity as the officer for the time being administering the Government of the former protectorate of the Solomon Islands, be construed as reference to that officer.
5. Every person who becomes a citizen of Solomon Islands on Independence Day by virtue of subsection (2) of this section shall receive a certificate of his acquisition of such citizenship as soon as practicable after Independence Day.

21. Persons entitled to be registered as citizens after Independence Day

1. Every person who immediately before Independence Day possessed any of the qualifications specified in subsection (3) of the preceding section and who within the prescribed period has made, or been included in, an application to the Government for citizenship of Solomon Islands containing the information specified in subsection (4) of the preceding section shall be registered as a citizen of Solomon Islands.
2. For the purposes of subsection (1) of this section, “the prescribed period” means the period beginning on Independence Day and expiring two years thereafter:Provided that the Minister responsible for citizenship matters may extend that period in respect of such applications or classes of application where the applicant was, by reason of his absence from Solomon Islands or other reasonable cause, unaware of his right to apply, as he may think fit.

22. Persons born on or after Independence Day

Every person born on or after Independence Day, whether within or outside Solomon Islands, shall become a citizen of Solomon Islands at the date of his birth if at that date either of his parents is, or would but for his death have been, a citizen of Solomon Islands.

23. Avoidance of dual nationality

1. Subject to the provisions of subsection (2) of this section, any citizen of Solomon Islands who is a national of some other country shall cease to be a citizen of Solomon Islands at the expiry of two years after the date on which he acquired citizenship of Solomon Islands or turned the age of eighteen years, whichever is the later, or such longer period as may be prescribed by Parliament, unless before the expiry of that period he has renounced or lost the nationality of that other country or, the law of that other country does not permit him to renounce that nationality, made such declaration as may be prescribed.
2. Any person who, being aged eighteen years or more, acquired citizenship of Solomon Islands by virtue of Section 20(2) or 21 of this Constitution and who is a national of some other country shall cease to be a citizen of Solomon Islands at the expiry of six months after the date on which he acquired citizenship of Solomon Islands or such longer period as may be prescribed by Parliament, unless before the expiry of that period he has renounced or lost the nationality of that other country or, if the law of that other country does not permit him to renounce that nationality, make such declaration as may be prescribed.

24. Commonwealth citizens

1. Every person who under this Chapter or any other law is a citizen of Solomon Islands or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British Nationality Act 1948, who continues to be a British subject under Section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a Commonwealth citizen.
3. Save as may be otherwise provided by Parliament, the countries to which this section applies are Australia, The Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Fiji, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Southern Rhodesia, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Uganda, The United Kingdom and Colonies, Western Samoa and Zambia.

25. Powers of Parliament

Parliament may make provision—

1. for the acquisition of citizenship of Solomon Islands by persons who are not eligible or who are no longer eligible to become citizens of Solomon Islands by virtue of the provisions of this Chapter;
2. for the deprivation and renunciation of citizenship of Solomon Islands held by any person who has attained the age of eighteen years.

26. Interpretation

1. In this Chapter—
   • “British protected person” means a person who is a British protected person for the purposes of the British Nationality Act 1949;
     
     “indigenous Solomon Islander” means any person who is, or one of whose parents is, or was, a British protected person and or a group, tribe or line indigenous to Solomon Islands.
2. Any reference in this Chapter to the father of a person shall, in relation to a person born out wedlock, be construed as a reference to the mother of that person.
3. 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.
4. For the purposes of this Chapter, an application shall be deemed to have been made on the date on which it is lodged with the Government or with any person who has been appointed by the Government to receive applications.