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Birth within a territory

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Nowadays relatively few countries grant citizenship to anyone who is born within their territory. The US is the most important of those countries. The principle that citizenship is passed on by birth within a certain territory is called ius soli (law of the soil). In most countries which apply the ius soli principle, however, this is limited to second-generation immigrants and requires the parents to be legally resident for some time in order for the children born in the country to become citizens at birth.

If you know where you were born you can find out relatively easily whether you may have the right to another passport – or, in case of the US, whether you may actually be a US citizen (and possibly never filed tax returns and therefore need to consult urgently with a US tax lawyer).

You can plan your children’s citizenship portfolio to a certain extent. If your children are born in a country that grants them citizenship either right away, or will make the acquisition easier later on, the right steps need to be taken prior to their birth. Some countries faced significant birth tourism35 and adjusted their laws to make it more difficult to just fly in and give birth. Countries which did not adjust their laws, like the US and some Caribbean nations, are trying to be restrictive in granting visas to pregnant women.

Global Residence and Citizenship Handbook

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