When it comes to citizenship, jus sanguinis and jus soli are the terms that come up most often, but what do they mean exactly? These two Latin expressions indicate the principle that governs the acquisition of citizenship within different States. Citizenship in Italy, for example, is governed by jus sanguinis and granted by jus soli only in a few exceptional cases. Let’s see in detail what distinguishes citizenship by jus sanguinis from citizenship by jus soli and how to obtain it in different cases.
What are the two models of citizenship?
The right to citizenship is one of the fundamental rights of the individual, as also stated in art. 15 of the “Universal Declaration of Human Rights”. The criteria for acquiring citizenship of a State vary, however, based on the laws in force in the country. Jus sanguinis and jus soli are the legal principles that define the two main citizenship models, with some variations between states. The two models can also coexist within the same state, usually with one prevailing over the other and with certain limits. For example, in countries such as Germany, France and the United Kingdom, conditional jus soli models are applied. In Italy, jus sanguinis is the model for acquiring citizenship with very few exceptions, while the United States applies a jus soli without conditions.
What is meant by jus sanguinis?
Jus sanguinis is a Latin expression that literally means “Right of blood” and indicates the acquisition of citizenship based on blood ties. In states where jus sanguinis is in force, one has the right to citizenship if one has a parent or an ascendant who is a citizen of the state in question.
In Italy, there is an unlimited form of jus sanguinis, as one is entitled to Italian citizenship even if one has only one parent or ascendant who is an Italian citizen. However, Italian citizenship through the maternal line is accepted only for individuals born after January 1, 1948. According to a 2018 survey by the Global Observatory on Citizenship, 59% of the world’s states provide for the application of jus sanguinis in an unlimited version. 24% of countries grant jus sanguinis citizenship in a conditional version, while 17% of states do not provide for jus sanguinis.
What does jus soli consist of?
Jus soli in Latin means “Right of the territory” and indicates the criterion for acquiring citizenship as a consequence of being born within the borders of the State. Jus soli is independent of the citizenship of the parents, at least in its unlimited forms. In France, for example, a form of tempered jus soli is in force, as is the case in Germany and the United Kingdom. Those born in France to foreign parents can therefore only access citizenship after five years of stable residence in the country. Citizenship by jus soli in Italy is granted only in some exceptional cases such as:
- for those born in Italy to stateless parents
- for those born in Italy to unknown parents
- for those born in Italy to parents unable to transmit their citizenship according to the laws of the country of origin
How to acquire Italian citizenship by jus sanguinis?
Even though Italian citizenship is a right for those born to Italian parents or ascendants, the process for having it recognized can be complex. Those born abroad to Italian ascendants will have to demonstrate their descent in order to obtain citizenship by jus sanguinis. In particular, it will be necessary to apply to the Italian Consulate, or to the Municipality of residence, if the foreigner already resides in Italy, attaching:
- full copy of the birth certificate of the Italian ancestor who emigrated abroad, issued by the Italian Municipality in which he was born;
- birth certificates of all his descendants in direct line, including that of the person requesting Italian citizenship;
- death certificates of deceased ascendants in direct line;
- marriage certificate of the Italian ancestor who emigrated abroad;
- marriage certificates of descendants in direct line, including that of the parents of the applicant for Italian citizenship;
- certificate issued by the competent authorities of the foreign country of emigration, attesting that the Italian ancestor who emigrated from Italy at the time did not acquire the citizenship of the foreign country before the birth of the applicant;
- certificate issued by the competent Italian consular authority, attesting that neither the ascendants in direct line, nor the person requesting possession of Italian citizenship, have ever renounced it;
- any certificate of residence (if the application is submitted in Italy).
Jus sanguinis citizenship in Italy: get it with our help
Do you want to apply for Italian citizenship jus sanguinis but don’t know how to find documents that prove it? With a long experience in genealogical research for citizenship purposes, MIA – My Italian Ancestry tracks down for you the documents that attest to the connection with your Italian ancestors. Retracing the traces of the past and finding the necessary documents requires commitment and expertise to access the records kept in the State archives and in the parishes of the city of your ancestors. With our help, you can reconnect with your roots and find the essential documents to obtain citizenship jus sanguinis. All you need to do is provide us with the information you already have useful for research purposes and we will take care of the rest with our team of expert genealogists. Contact us to find out how we can help you obtain Italian citizenship jus sanguinis.
