Countries that Grant Citizenship by Birth

 Countries That Grant Citizenship by Birth: A Global Overview

Citizenship by birth, or jus soli (Latin for “right of soil”), is a principle where individuals born within a country’s borders are automatically granted citizenship, regardless of their parents’ nationality. While this practice is relatively rare globally, it remains a cornerstone of immigration and citizenship policies in certain regions, particularly the Americas. This article explores the countries that offer unrestricted and restricted birthright citizenship, delving into their historical contexts, modern policies, and unique nuances, with a special focus on Luxembourg as requested in the context of your previous inquiries.

Unrestricted Birthright Citizenship: A Global Snapshot

As of 2025, approximately 33 countries and two territories grant unrestricted birthright citizenship, meaning anyone born on their soil is automatically a citizen, with minor exceptions (e.g., children of foreign diplomats). This policy is most prevalent in the Americas, a legacy of colonial efforts to attract settlers and post-independence inclusivity for diverse populations, including freed slaves. Below is the comprehensive list:

• North America: Canada, Mexico, United States
• Central America and Caribbean: Antigua and Barbuda, Barbados, Belize, Costa Rica, Cuba, Dominica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago
• South America: Argentina, Bolivia, Brazil, Chile, Ecuador, Guyana, Paraguay, Peru, Uruguay, Venezuela
• Africa: Chad, Lesotho, Tanzania
• Oceania: Fiji, Tuvalu
• Asia: Pakistan
• Territories: Pitcairn Islands (UK), Tokelau (New Zealand)

Notable Examples and Nuances

• United States: The 14th Amendment (1868) ensures citizenship for those born on U.S. soil “subject to the jurisdiction thereof.” Recent executive attempts in January 2025 to limit this for children of undocumented immigrants or temporary residents were blocked by courts, preserving the policy’s broad application.
• Canada: One of the few non-American countries with unrestricted jus soli, Canada’s policy stems from its history as a settler nation. It applies to all born on Canadian soil, including in airspace or territorial waters.
• Costa Rica: While unrestricted, citizenship requires registration with the government before age 25, a minor administrative hurdle.
• Pakistan: The 1951 Citizenship Act grants citizenship to anyone born in Pakistan, including retroactively, making it a rare Asian example.
• Tanzania: Unrestricted in theory, but practical recognition often requires descent from a Tanzanian parent, reflecting inconsistent enforcement.

Restricted Birthright Citizenship: Conditional Pathways

Beyond the 33 countries with unrestricted policies, approximately 32 nations offer restricted birthright citizenship, where citizenship is granted to those born on the soil but only under specific conditions, such as parental residency, citizenship, or the child’s continued residence. This is more common in Europe, Africa, and Asia, where jus sanguinis (citizenship by descent) historically dominates. Below are key examples:

• Europe:
• France: Children born to foreign parents can claim citizenship at 18 if they’ve lived in France for five years since age 11. If a parent was also born in France (double jus soli), citizenship is automatic at birth.
• Luxembourg: Citizenship is granted if one parent was born in Luxembourg or if the child, born in Luxembourg, resides there for five consecutive years before age 18 and applies. Additionally, children born to parents present in Luxembourg for 12 months before birth can apply at 18.
• Portugal: Citizenship is available if one parent has resided in Portugal for at least one year or if the child completes primary school there.
• Spain: Grants citizenship via double jus soli (if a parent was born in Spain) or if parents are stateless or from countries that don’t grant citizenship to the child.
• United Kingdom: Citizenship is granted if one parent is a citizen or permanent resident, or if the child lives in the UK until age 10.
• Ireland: Requires parents to have lived legally in Ireland for three of the four years before the child’s birth, a restriction added in 2004 to curb “birth tourism.”
• Italy: No automatic birthright citizenship, but children born in Italy can apply at 18 if they’ve resided continuously since birth.
• Other Regions:
• Australia: Citizenship is granted if one parent is a citizen or permanent resident, or if the child resides in Australia for 10 years after birth.
• Dominican Republic: Since 2010, citizenship requires parental legal status, a shift from its former unrestricted policy.
• Tunisia: Citizenship is granted if the father and grandfather were born in Tunisia, and the child declares intent before age 20.
• Thailand and Malaysia: Conditional on parental residency or legal status, often requiring registration or application.

Luxembourg’s Unique Approach

Luxembourg, a small yet prosperous Grand Duchy, exemplifies restricted jus soli. Its citizenship policy balances openness with integration, reflecting its multilingual and multicultural society. A child born in Luxembourg can acquire citizenship under these conditions:

• Parental Connection: If one parent was born in Luxembourg or is a Luxembourg citizen, the child is eligible for citizenship at birth.
• Residency Requirement: A child born in Luxembourg to foreign parents can apply for citizenship at 18 if they’ve lived there continuously for five years before turning 18.
• Pre-Birth Parental Presence: If both parents were physically present in Luxembourg for at least 12 months before the child’s birth, the child can apply for citizenship at 18.

This policy aligns with Luxembourg’s emphasis on residency and cultural integration, common in European nations wary of unrestricted immigration. Luxembourg’s approach also prevents statelessness by offering citizenship to children of stateless parents or those unable to acquire another nationality.

Historical and Modern Context

The prevalence of jus soli in the Americas stems from colonial policies to encourage settlement and post-independence efforts to build inclusive societies. For example, Brazil’s 1824 Constitution and the U.S.’s 14th Amendment were designed to integrate diverse populations, including indigenous groups and former slaves. In contrast, Europe, Asia, and Africa traditionally favor jus sanguinis due to historical legal traditions like the Napoleonic Code, which prioritized lineage over birthplace.

In recent decades, some countries have tightened jus soli policies due to concerns over “birth tourism” or immigration pressures. Ireland’s 2004 referendum, Australia’s restrictions, and the Dominican Republic’s 2010 constitutional change are notable examples. Conversely, countries like Latvia (since 2020) have liberalized policies to grant citizenship by default to children born on their soil unless parents opt for another nationality, aiming to reduce statelessness.

Preventing Statelessness

Many countries, even those without unrestricted jus soli, grant citizenship to children born to stateless parents or those unable to acquire another nationality. This aligns with international conventions like the 1961 UN Convention on the Reduction of Statelessness. For example, Italy and Portugal offer pathways for stateless children born on their soil, ensuring they aren’t left without a nationality.

Exceptions and Limitations

Across all jus soli countries, exceptions exist for children of diplomats, foreign military personnel, or those born in specific circumstances (e.g., on foreign warships or in transit). These exemptions ensure that jus soli doesn’t conflict with international diplomatic norms.

Conclusion

Birthright citizenship, whether unrestricted or restricted, reflects a country’s historical, cultural, and political priorities. The 33 countries with unrestricted jus soli—mostly in the Americas—offer a straightforward path to citizenship, fostering inclusivity but sometimes sparking debates over immigration. Restricted systems, like Luxembourg’s, balance openness with integration, requiring residency or parental ties. As global migration patterns evolve, jus soli policies continue to adapt, shaped by national interests and humanitarian commitments to prevent statelessness.

For those interested in specific countries, policies vary widely. Luxembourg’s conditional approach highlights its focus on residency, while nations like Canada and the U.S. maintain broad, inclusive systems. If you’re curious about a particular country’s policy or want to explore related topics like jus sanguinis or citizenship by investment, further details are available upon request!

Sources: World Population Review, Al Jazeera, Library of Congress, and recent X posts (verified for accuracy). Data accurate as of July 27, 2025.

This article is prepared to you by the team of dedicated immigration professionals from Migrate Global.