Jus Sanguinis or Jus Soli – Are you a candidate for dual citizenship?




There are two fundamental principles on which countries base their citizenship requirements: sanguinis juice (law of blood, also known as I swear sanguinis, by which a child acquires the nationality of his parents) and jus soli (land law, automatic and unrestricted right to citizenship by territorial birth). Your nationality may depend on the blood flowing through your veins, in which territory you took your first breath, or a combination of the two. You may have dual citizenship of a foreign country and not even know it. This article looks at the history of sanguinis juice and jus soli and the requirements to use the principles for claiming dual citizenship in Ireland or Italy.

The first questions from most readers will be, “What does this have to do with me?” and “Why would I be interested?” Here are your answers.

If you have Irish or Italian ancestry, a grandfather or even a great-grandfather that can be proven by documentation, it is very possible that you are eligible for dual citizenship in that country, that is, you can obtain a passport from the country of origin of your ancestors. . Why would you want to get a second passport? I’ll get to that later, but for now, it’s important that you understand the story behind the two principles of sanguinis juice, which extends the right to nationality or citizenship based on the nationality of the child’s parents, and jus soli, which extends citizenship based on the territorial jurisdiction in which the baby is born. Currently, the vast majority of countries use a combination of both principles when granting or denying citizenship.

However, since 2004, no European country recognizes only territorial birthright for citizenship by unconditional birthright. The unified bloc of countries solidified in 2004 when Ireland revoked its automatic right to citizenship solely by territorial birth.

Understand the difference between nationality by land rights (jus soli) and blood rights (sanguinis juice) requires a visit to ancient Rome in the middle of the 5th century BC, when the idea of ​​nationality was a basic principle of Roman Law – ah ha! That is why the terms are in Latin. For the Romans, an individual was first and foremost a member of a family, a tribe or a people, not just a territory.

The principle of recognition of the right to blood was, at some point, the only means of determining nationality in European countries. It still adheres to most of Central and Eastern Europe, as well as Asia; however, it is now linked, in some cases, by the principle of territorial birthright. But the main practice of jus soli it is observed by a minority of the world’s countries – the United States and Canada are among that small number.

The principle of territorial birthright in the US is protected by the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the state in which they reside. “

The similarities between Canada and the US include the fact that they are part of the Americas and therefore considered the New World. The International Monetary Fund defines them as “advanced economies”.

There are multiple reasons why there is a trend toward revocation of jus soli; one is to reduce “citizen tourism” or “anchor babies”, a practice by which people travel to preferred countries to have children in that territory. As an example, all you have to do is look at the US-Mexico border with its 330 ports of entry and 45 US-Mexico border crossings. Border cities especially affected by the “anchor baby” trend include San Diego, California; Douglas and Nogales, Arizona; Columbus, New, Mexico; and several Texas cities, such as El Paso, Laredo, Eagle Pass, and Brownsville, all of which provide portals to Mexican citizens seeking US citizenship for their babies. Historically, for babies born to women who cross the border to give birth in the U.S., full citizenship is obtained through the principle of jus soli, prompting several US legislators to support the abolition of the territorial birthright principle in the US.

The choice of European countries to follow the path of blood birthright extends not only from the desire to end “citizenship tourism”, to curb the influx of asylum seekers, but also to recover, to some extent , to the millions of citizens who fled their respective countries during various diasporas (large-scale migrations of citizens leaving a country).

The Irish diaspora during the 1840s was fueled by the Great Famine. Italy’s diaspora began around the time of the country’s unification in 1861, and ended in the 1960s when Italy’s economy took a miraculous turn.

Those of you who are of Irish or Italian descent now understand why the countries of your ancestral origin want you to return. Now you must decide why you would want to establish citizenship in these countries. Even if you have no interest in obtaining dual citizenship, you may want to keep the option for your descendants.

Advantages of having dual citizenship

• The US does not require you to renounce your US citizenship if you become a dual citizen

• Irish and Italian passports allow a person to travel freely in the European Union (EU), which included 27 countries.

• An Irish passport entitles the holder to live and work within the EU

• Fiscal benefits

• Educational rights

• You can buy a property and open a bank account

• After working in an EU country for a specified time, you are entitled to unemployment compensation, healthcare and pension rights.

• The cost of living may be lower than in the US and therefore good for retirement.

• Easier to start a business

Requirements for dual citizenship

Ireland

If your father or mother, paternal / maternal grandmother or grandfather was an Irish citizen at the time of your birth, even if you and both parents were born outside the island of Ireland, through your Irish grandparents, you can claim citizenship. You can also claim dual citizenship through marriage. To claim Irish citizenship, you must register with the Foreign Birth Register of an Irish embassy or consular office, or with the Dublin Department of Foreign Affairs.

Italy

You may be eligible for dual citizenship in Italy if your father was an Italian citizen at the time of your birth; your mother was an Italian citizen at the time of your birth and you were born after January 1, 1948, but before April 27, 1965; his paternal grandfather was an Italian citizen at the time of his father’s birth; your maternal grandmother was an Italian citizen at the time of your mother’s birth, and your mother was born after January 1, 1948. Contact the Italian consulate in your state to request the appropriate forms.

Required documentation and paperwork

You will need to prove your lineage by requesting the appropriate birth, marriage, and death certificates from your parents, grandparents, and great-grandparents. You may need to send copies of naturalization certificates and green cards.

If this paper test is available to you, great, you can start the process. However, if you don’t have these records, the process of acquiring them can be overwhelming. You may need to seek the services of a professional genealogist.

Arrivederci and Slán are going to fill up.

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Post