Grenada high court clarifies spouse citizenship rights in CBI cases

Grenada’s High Court ruled that a spouse may still seek citizenship under the Constitution even if the other partner became a citizen through the country’s Citizenship by Investment program after the marriage. The decision offers new guidance for CBI families and confirms that investment-based citizenship remains full Grenadian citizenship.

Why it matters: - The ruling expands clarity for families tied to Grenada’s Citizenship by Investment program. - A marriage that predates one spouse’s CBI citizenship does not automatically block the other spouse from using the constitutional citizenship route. - The decision may affect how current and future CBI families structure applications and assess citizenship options.

What happened: - The High Court of Justice in Grenada ruled on Oct. 7, 2026, in Keturah Heather James v. The Ministry of Home Affairs, Claim No. GDAHCV2024/0401. - Harvey Law Group represented the claimant in the judicial review. - The claimant and her husband married on Aug. 27, 1999. - The husband became a Grenadian citizen through the CBI Programme on Oct. 23, 2023. - The wife applied for Grenadian citizenship under section 98 of the Constitution and section 5(3) of the Citizenship Act. - The Ministry of Home Affairs refused to process the application under that route. - The Ministry said section 98 was only available where the marriage happened after the other spouse became a Grenadian citizen.

The details: - The High Court rejected the view that the timing of the marriage barred the claimant from section 98. - Section 98 allows a person married to a Grenadian citizen to apply, in the prescribed manner, to be registered as a citizen of Grenada. - The Court found no requirement in section 98 that the marriage must occur after citizenship is acquired. - The Court also held that citizenship obtained under Grenada’s CBI legislation is still citizenship of Grenada. - The Court said the husband’s CBI status did not force the wife into the CBI framework as her only route. - The Court quashed the Ministry’s decision and ordered it to process and determine the application according to law. - The judgment did not itself grant the claimant citizenship. - Grenada’s CBI framework already allows qualifying spouses and other family members to be included in, or in some cases added to, a CBI application.

Between the lines: - The ruling narrows an administrative interpretation that had limited access to section 98 for spouses of CBI citizens. - It also reinforces that investment-based citizenship does not carry a reduced constitutional status. - For families, the practical issue is route selection: inclusion in a CBI file is not necessarily the only path when a separate legal right may exist. - The Court’s decision remains case-specific and does not mean every spouse of a Grenadian citizen qualifies automatically.

What’s next: - The claimant’s application now goes back to the Ministry for consideration under the law. - Future applicants may need to assess both the constitutional spouse route and the CBI framework before filing. - Harvey Law Group said the decision provides greater clarity for Grenadian CBI citizens, their spouses and prospective applicants.

The bottom line: - Grenada’s High Court said a spouse is not barred from section 98 just because the other partner obtained citizenship through investment or because the marriage came first.