I am a Jamaican citizen by naturalisation and I have adopted a baby overseas. The baby was also born overseas. Can I get an unconditional landing stamp in her passport?

Unconditional landing status is usually granted to Jamaicans travelling on foreign passports, persons who are Jamaicans by descent, holders of a Caribbean Community (free movement of skilled persons) certificate and persons that have been granted citizenship by naturalisation or registration.

In the case of adopted children, the adoption must take place in Jamaica for such children to qualify for the unconditional landing status. As such, your child would need to be registered as a citizen of Jamaica first, before unconditional landing can be granted.

The granting of citizenship by adoption

The legislation makes provision in Section 4 of the Jamaican Nationality Act for citizenship by adoption. This is so where the adoption occurred in Jamaica through the Family Court and either of the adopting parents is a Jamaican.

Section 4 (3) provides:

"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 if the adopter, or in the case of a joint adoption, either of the adopters, is a citizen of Jamaica, the minor shall become a citizen as at the date of the order."

In your case, however, your child was not adopted in Jamaica. As such, he or she would not qualify for citizenship under this provision. The other option that is available is registration as a citizen of Jamaica for a minor (that is a person under 18 years old). Under Section 4(1), "The minister may, at his discretion, cause the 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."

Alternatively Section 4(2) provides:

"The minister may, in such special circumstances as he thinks fit, cause any minor to be registered as a citizen of Jamaica." Under this provision, the parent or guardian is required to make an application in the prescribed manner.

How to apply for registration as a citizen of Jamaica for a minor

1. The application should be made in duplicate, on the registration form, R4, which is obtainable at the Jamaica Printing Service, 77 ¹/_² Duke Street, Kingston.

2. The form should be read carefully. It must be completed by the parent or the guardian of the minor and be signed in the presence of a justice of the peace, notary public or someone authorised to administer oaths.

3. Two references are required to sponsor the application. These persons should be Jamaicans by birth and should not be civil servants, relatives, lawyers or agents of the applicant.

4. Having satisfied the above-mentioned, the application should be submitted at the Passport, Immigration and Citizenship Agency, supported by the following documents.

Documents

(1) Minor's birth certificate

(2) Minor's passport

(3) Parents' marriage certificate

(4) Parents' passport

(5) Evidence of parents' Jamaican nationality (if citizen of Jamaica)

(6) Work permit of parents

(7) Tax compliance certificate of the applicant

(8) Two passport-size photographs of minor, certified by a justice of the peace, notary public or someone authorised to administer oaths.

The cost of registration of minors is $2,500, which is payable after the application is approved.

Having obtained citizenship for the child, you are now free to apply for unconditional landing status. You may visit the offices of the Passport, Immigration and Citizenship Agency (PICA), 25C Constant Spring Road, Kingston 10, in order to do so. The cost of this service is $10,000.

PICA Corner is a collaboration between The Gleaner and the Passport, Immigration and Citizenship Agency. Send questions, comments and suggestions to editor@gleanerjm.com and PICA will respond.