The Constitution Amendment Bill (2025) has been passed in the Senate by a slim margin. Once proclaimed into law, it will allow persons to acquire citizenship through their grandparents.
Debate on the legislation continued until shortly after midnight. The Bill received no support from the Opposition and very little from the Independent bench.
In the end, the vote stood at 16 in favour, 13 against and one abstention. Temporary Senator Wesley Gibbings was the lone Independent senator to back the Bill, while Independent Senator Courtney McNish chose to abstain.
Previously, under Section 17(3) of the Constitution and Section 5 of the Citizenship Act, only second-generation descendants (children of citizens born abroad) were eligible for citizenship by descent.
The Bill makes two key changes. It allows for citizenship by descent through a grandparent who was a citizen at the time of the applicant's birth. Second, it removes the restriction that citizenship by descent could only be acquired through a parent who was not a citizen by descent themselves.
With the new amendment, a person can become a citizen even if their parent or grandparent was a citizen by descent.
In simplified terms, John was born in Trinidad. His son, Michael, was born abroad, making Michael a citizen by descent. Michael then had a child, Sarah, born outside of Trinidad. Under the old law, Sarah could not be a citizen because her father, Michael, was a citizen by descent. The new law allows Sarah to become a citizen, even though her father's citizenship was by descent.
According to the government, the legislative change is intended to engage more with the Trinidad and Tobago diaspora and has been highlighted as a way to expand the pool of athletes available for national sporting teams.
However, on Wednesday night, Opposition Senator Dr Amery Browne argued that according to FIFA rules, players who qualify for citizenship under the new provisions would still be ineligible to play competitive football matches for Trinidad and Tobago.
Referencing FIFA’s eligibility rules, Browne told the Upper House, “What are those conditions, Mr. President? A, he was born on the territory of the relevant association. In other words, he was born in Trinidad and Tobago. That clearly does not fall within the pursuit of the government in this matter. He was born on the territory of the relevant association. B, his biological mother or biological father was born on the territory of the relevant association. C, his grandmother or grandfather was born on the territory of the relevant association.”
Dr Browne said FIFA’s rules specifically state that the grandparent must be born in the country that the player is trying to represent.
In winding up the debate, Parliamentary Secretary in the Ministry of Sport and Youth Affairs David Nakhid said that once a passport is issued by Trinidad and Tobago to a player, FIFA will recognise it.
“How do you receive a nationality? You receive a passport without being required to undertake any further administrative requirements. B, acquired a nationality by undertaking a naturalisation process. So in all ways, however you look at it, once you hold that passport and you come to FIFA and say, well, I want to play for Trinidad and Tobago, and Trinidad and Tobago grant you that passport, FIFA doesn't go into any background check whether you got it from your grandmother or your grandfather, you got it from here.”
The question about the law being in harmony with FIFA’s eligibility was raised again at the Committee Stage of the Bill by Opposition Senator Faris Al-Rawi.
“Is the Honourable Parliamentary Secretary saying for the record that citizens by descent at the grandparent level will in fact qualify under the cumulative requirements, let me stress that, cumulative requirements of FIFA's Article 9?”
Nakhid replied, “Mr. President, that is not a matter for this bill. That is something that is completely different from the intent of this bill.”
The Attorney General supported him, saying, “My colleague is saying that the bill on the whole meets the requirements of FIFA for third generation players. I would not like to be tied to saying on the record that clauses 4c and d achieve that result. I say that the bill in 4 and 5 cumulatively would achieve that result.”
The Opposition Leader had previously expressed concern that the amendments could open the door to voter padding.
However, Jeremie sought to address that before the bill went to a vote.
“You can't vote by just being a citizen in the United States. A Trinidad citizen in the United States. It's because you're not in a constituency if you're in Washington. We have constituency voting. And there's no way that you can vote in Washington. And where will you go to cast that ballot? At the high commission? They lock you up.”