What Is Citizenship by Descent? Eligibility for Dual Citizenship Through Ancestry

You’re probably wondering: What is Citizenship by Descent? Citizenship by descent, also known as jus sanguinis or "right of blood," is a concept that allows individuals to acquire citizenship based on the nationality of their parents or ancestors.

Understanding citizenship by descent is becoming more important for those seeking to reconnect with their heritage, expand their travel and work opportunities, or secure additional rights and benefits.

This comprehensive guide will delve into the intricacies of citizenship by descent, focusing on countries in the EU, while also exploring other notable examples.

What Is Citizenship by Descent, and What is The Difference Between Jus Sanguinis and Jus Soli?

At its core, citizenship by descent is based on the principle of jus sanguinis, which grants citizenship to individuals whose parents or ancestors are citizens of a particular country.

This differs from jus soli, or birthright citizenship, which is based on an individual's place of birth. The concept of citizenship by descent has evolved over time, with each country establishing its own specific requirements and criteria.

The eligibility for citizenship by descent varies from country to country, with some nations extending the right to multiple generations, while others limit it to the first or second generation. Understanding these generational levels is crucial for individuals seeking to acquire citizenship through their ancestral ties.

What are Different Types of Citizenship By Descent?

First-Generation Citizenship by Descent

First-generation citizenship by descent refers to the acquisition of citizenship through one's parents. In many countries, such as the United States, Canada, and Australia, an individual born to a citizen parent automatically acquires citizenship, regardless of the place of birth. For example, a child born to an American citizen parent, whether in the United States or abroad, is generally considered a U.S. citizen by birth.

Second-Generation Citizenship by Descent

Second-generation citizenship by descent extends the eligibility to grandchildren of citizens. Countries like Ireland, Italy, and Greece allow individuals to claim citizenship if their grandparent was a citizen of the respective country. In Ireland, for instance, an individual with a grandparent who was born in Ireland is eligible for Irish citizenship by descent, provided certain conditions are met.

Third-Generation Citizenship by Descent and Beyond

Some countries, such as Italy and Spain, allow citizenship by descent to extend beyond the second generation. Italian citizenship by descent can be passed down through multiple generations, provided there were no voluntary renunciations of Italian citizenship along the way. Similarly, Spain offers citizenship to descendants of Sephardic Jews who were expelled from the country in the 15th century, even if the ancestral connection dates back several generations.

Eligibility Criteria for Citizenship by Descent

Eligibility for citizenship by descent varies widely depending on the country in question. Some common requirements include having a parent, grandparent, or great-grandparent who was a citizen of the country, being able to provide documentation proving ancestry, and meeting specific residency or language requirements.

For example, in Ireland, individuals with a parent or grandparent born in Ireland are eligible for citizenship by descent. Italy allows citizenship by descent to be passed down through multiple generations, provided there were no voluntary renunciations of Italian citizenship along the way. Poland, on the other hand, has more stringent requirements, generally limiting citizenship by descent to those whose parents were Polish citizens at the time of the applicant's birth.

Greece grants citizenship by descent to individuals with a parent or grandparent who was born in Greece and held Greek citizenship. The Greek government recognises the importance of maintaining strong ties with its diaspora and has streamlined the process for those seeking to acquire Greek citizenship by descent.

Similarly, Spain offers citizenship by descent to individuals whose parent or grandparent was born in Spain and held Spanish citizenship. Spain's laws also provide a pathway to citizenship for descendants of Sephardic Jews who were expelled from Spain in the 15th century, demonstrating the country's commitment to reconnecting with its historical diaspora.

Benefits of Citizenship by Descent

Acquiring citizenship by descent offers numerous benefits, including the ability to hold multiple citizenships, expanded travel and work options, access to education and healthcare systems, inheritance and property rights, and voting and political participation rights in the country of acquired citizenship.

For instance, those who successfully acquireItalian citizenship by descent gain the right to live, work, and study anywhere within the European Union.

Similarly, Irish citizenship opens up opportunities across the EU and the United Kingdom, while Polish citizenship provides access to a rapidly growing economy and a rich cultural heritage. Greek citizenship by descent offers individuals the opportunity to reconnect with their Hellenic roots, access Greece's rich cultural heritage, and enjoy the benefits of EU citizenship.

Spanish citizenship by descent provides similar advantages, allowing individuals to live and work in Spain and other EU countries, as well as maintain a strong connection to their Spanish heritage.

Challenges and Limitations of Citizenship by Ancestry

Pursuing citizenship by descent is not without its challenges. One of the primary obstacles is gathering the necessary documentation to prove ancestry, which may involve navigating complex bureaucratic processes and dealing with language barriers. Additionally, some countries have residency or language requirements that must be met before citizenship can be granted.

Acquiring citizenship by descent may have tax implications and potential military service obligations in the new country of citizenship. It is essential to carefully consider these factors and seek professional guidance when necessary.

In the case of Greece, the country has faced a significant backlog in processing citizenship by descent applications due to high demand and limited resources. As a result, applicants may face longer wait times and more stringent documentation requirements.

Spain's citizenship by descent process can also be complex, particularly for those applying under the Sephardic Jew provisions. Applicants must demonstrate a strong cultural and historical connection to Spain, which may require extensive genealogical research and documentation.

How To Get Citizenship by Descent?

The process of acquiring citizenship by descent typically involves conducting thorough research to gather necessary documents such as birth, marriage, and death certificates, naturalisation records, census records, and family trees. Once the required documentation is collected, the next step is to complete the appropriate application forms, submit supporting documents, and pay any associated fees.

Processing times for citizenship by descent applications can vary significantly, ranging from several months to a few years, depending on the country and the complexity of the case. In some instances, seeking the assistance of legal professionals or genealogists may be beneficial to navigate the process more efficiently.

For those pursuing Greek citizenship by descent, the application process involves submitting documents to the nearest Greek consulate or embassy. The Greek government has also implemented an online application system to streamline the process and reduce processing times.

Spanish citizenship by descent applications must be submitted to the Spanish Ministry of Justice, either directly or through a Spanish consulate or embassy. The process may also require an interview and a language proficiency test, depending on the specific circumstances of the applicant.

Which Countries Offer Citizenship by Descent?

Numerous countries offer citizenship by descent, each with its own unique requirements and provisions. Some notable examples include:

Poland:

Individuals with a Polish parent who was a Polish citizen at the time of the applicant's birth are eligible for citizenship by descent.

Greece:

Greek citizenship by descent is available to individuals with a parent or grandparent who was born in Greece and held Greek citizenship.

Greece has a strong commitment to maintaining ties with its diaspora and has streamlined the citizenship by descent process in recent years.

Ireland:

Those with a parent or grandparent born in Ireland are eligible for Irish citizenship by descent.

Italy:

Italian citizenship by descent can be passed down through multiple generations, provided there were no voluntary renunciations of Italian citizenship.

Portugal:

Portuguese citizenship by descent is available to individuals with a parent or grandparent who was born in Portugal and held Portuguese citizenship.

Spain:

Spanish citizenship by descent can be acquired by individuals whose parent or grandparent was born in Spain and held Spanish citizenship. Spain also offers a unique path to citizenship for descendants of Sephardic Jews who were expelled from the country in the 15th century.

Exceptions and Special Provisions to Obtain Dual Citizenship by Descent

There are some exceptions and special provisions to the general rules of citizenship by descent. One notable example is the case of individuals whose parents were citizens of the former Soviet Union.

After the dissolution of the Soviet Union, some of the newly independent states, such as Ukraine and Belarus, allowed individuals born in their territories to claim citizenship, even if their parents were Soviet citizens at the time of their birth.

Another special provision exists in the case of citizenship by descent through a parent who is a citizen of a country but resides in another country. In the United Kingdom, for example, a child born to a British citizen parent who is residing in the UK or a British Overseas Territory is automatically a British citizen by birth.

However, if the parent is a British citizen by descent and is residing outside the UK, the child may not automatically acquire British citizenship and may need to register as a British citizen.

Children born to a German parent, regardless of the place of birth, are typically German citizens by birth. However, if the child is born abroad and the German parent is also born abroad after January 1, 2000, the child must be registered with the German authorities before turning one year old to retain German citizenship.

Portugal offers citizenship by descent to individuals who can prove a connection to aPortuguese Sephardic Jewish ancestor, even if the ancestral connection dates back several generations. This provision aims to rectify the expulsion of Jews from Portugal in the late 15th century.

Other countries have simpler provisions that even extend to the descendants of citizens who may have lost their citizenship. For example, Cambodia allows individuals with a parent or grandparent who held Cambodian citizenship to apply for citizenship by descent, even if the ancestor lost their citizenship due to historical circumstances such as war or political turmoil.

Renunciation and Loss of Citizenship by Descent

In some cases, individuals may choose to voluntarily renounce their citizenship by descent, often to avoid tax obligations or military service requirements. Each country has its own procedures for voluntary renunciation.

Involuntary loss of citizenship by descent can occur due to various factors, such as serving in a foreign military or government, committing crimes or acts of treason, or obtaining citizenship through fraud or misrepresentation.

In Greece, individuals who acquire Greek citizenship by descent may lose their citizenship if they voluntarily acquire another citizenship without permission from the Greek authorities. However, recent changes to Greek law have made it easier for Greek citizens to maintain dual citizenship.

Spain allows its citizens to hold dual citizenship with certain countries, particularly those with historical ties to Spain, such as Latin American nations. However, Spanish citizens who voluntarily acquire citizenship in a country that is not on this list may face the loss of their Spanish citizenship.

Navigating the Complexities and Understanding Country Stances to Obtain Ancestry Citizenship

Dual citizenship, also known as multiple citizenship, is a status that allows individuals to hold citizenship in two or more countries simultaneously. While many countries recognise and permit dual citizenship, others have strict policies against it, requiring individuals to renounce their existing citizenship upon acquiring a new one. Understanding a country's stance on dual citizenship is crucial for those considering acquiring citizenship by descent or through other means.

For example, Greece allows dual citizenship, enabling individuals who acquire Greek citizenship by descent to maintain their existing citizenship. This policy encourages those with Greek heritage to reconnect with their roots and enjoy the benefits of Greek citizenship without having to sacrifice their current nationality. On the other hand, countries like Austria and India generally do not allow dual citizenship, with some exceptions for those who acquire another citizenship at birth or through marriage.

When exploring the possibility of acquiring citizenship by descent, it is essential to research the specific country's laws and regulations regarding dual citizenship. Some countries, such as Spain, allow dual citizenship with certain nations, particularly those with historical ties, while requiring individuals who acquire citizenship from other countries to renounce their Spanish citizenship.

The United States, for instance, allows its citizens to hold dual citizenship, although specific requirements and obligations may apply. American citizens who acquire another citizenship through descent or other means must still comply with U.S. tax laws and may face additional reporting requirements. Similarly, Canada permits its citizens to hold dual or multiple citizenships, but it is important for individuals to understand the implications and responsibilities associated with each citizenship they hold.

Citizenship by Descent in the Caribbean: A Pathway to Generational Citizenship through CBI Programs

The Caribbean region offers a unique combination of citizenship by investment (CBI) programs and straightforward citizenship by descent laws, allowing individuals to acquire citizenship and pass it down to future generations with ease. Countries such as St. Kitts and Nevis, Antigua and Barbuda, Grenada, Dominica, and St. Lucia have attractive CBI programs that provide a range of benefits, including visa-free travel, tax advantages, and access to desirable lifestyles.

What sets Caribbean CBI programs apart is the simplicity of their citizenship by descent laws, which enable the smooth transfer of citizenship to children and future generations of CBI investors, regardless of their place of birth. This ensures that the benefits of Caribbean citizenship can be enjoyed by descendants without the need for additional investments or complex procedures.

The combination of CBI programs and simple citizenship by descent laws in the Caribbean creates a powerful opportunity for individuals to secure a lasting legacy of global mobility and benefits for their families, making it an attractive region for those seeking to invest in citizenship.

As the world continues to become more interconnected, exploring citizenship by descent options will likely grow in importance. This guide aims to provide a comprehensive overview of the topic, focusing on countries such as Poland, Greece, Ireland, Italy, Portugal, and Spain, while also acknowledging the provisions of other nations.

Greece and Spain, in particular, have demonstrated a strong commitment to engaging with their diasporas and facilitating citizenship by descent processes. Both countries recognise the cultural, economic, and social benefits of maintaining strong ties with descendants of their citizens abroad.

For those interested in pursuing citizenship by descent, conducting thorough research, gathering necessary documentation, and seeking professional guidance when needed are essential steps in the process. With dedication and perseverance, the rewards of acquiring citizenship by descent can be significant, both personally and professionally.

By reconnecting with one's heritage and expanding global opportunities, individuals who successfully acquire citizenship by descent in countries like Greece and Spain can embark on life-changing journeys while also contributing to the rich tapestry of multicultural societies in an increasingly globalised world.

Citizenship By Descent: Final Thoughts

Citizenship by descent offers a unique opportunity for individuals to reconnect with their ancestral roots, expand their global opportunities, and secure additional rights and benefits. By understanding the requirements, benefits, and challenges associated with acquiring citizenship by descent, individuals can make informed decisions about pursuing this path.

To know more about what citizenship by descent is, contact Savory & Partners today to book a comprehensive consultation with one of our experts.