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Citizenship-by-Investment in St. Kitts and Nevis: The Legal Basis

The Citizenship-by-Investment Program of St. Christopher (St. Kitts) and Nevis was established in 1984, making it the longest established program of this kind in the world. The Government of St. Kitts and Nevis utilizes this program to attract investors of good character to make a substantial contribution to the development of the Federation. These investors are then given the opportunity to apply for citizenship and passport within the strict guidelines of the law and the relevant regulations.

The Program operates on the following constitutional, legislative and regulatory foundations:

  1. Citizenship of Saint Christopher and Nevis is governed by Chapter VIII (Sections 90-95) of the Constitution of Saint Christopher and Nevis.
  2. In 1984, pursuant to Section 92 (1) (h) of the Constitution, Parliament prescribed that such other persons who would be entitled, upon making application, to be registered as citizens. Accordingly, Section 3 (5) of the Saint Christopher and Nevis Citizenship Act, 1984 (No. 1 of 1984) makes the following provisions:
    "Subject to subsections (8) and (9) of this section, a person is entitled, upon making application under this subsection to the Minister in the prescribed manner and upon payment of any fee that may be prescribed, to be registered as a citizen of St. Christopher and Nevis without any rights of voting save under and in accordance with the provisions of any law governing the qualification of voters, if the Cabinet is satisfied that such person has invested substantially in St. Christopher and Nevis."
  3. The Government determines, by Cabinet Decisions, which projects and which amounts of investment shall qualify as a "substantial investment" and thus lead to eligibility under the Citizenship-by-Investment Program.

Under current regulations, to qualify for citizenship of St. Kitts and Nevis under its Citizenship-by-Investment Program, the Government requires either an investment in designated real estate with a value of at least US$ 350,000 plus payment of various registration and other fees (the Real-Estate Option), or a contribution to the Sugar Industry Diversification Foundation (a public charity) to the amount of between US$ 200,000 and US$ 400,000, depending on the number of dependants included in the application (the SIDF Contribution Option)