Based on this interpretation, citizenship should be granted to only those who owe complete allegiance to the United States and thus exclude several people such as illegal immigrants, temporary visitors, and others; this system no longer grants unconditional birthright citizenship. India abandoned the jus soli policy in the year , before which, a person born in India was granted citizenship regardless of the citizenship of their parents.
Every person born in India after 1st July but before 2nd December is a citizen of the country provided that either of the parents is a citizen at the time of the birth. In addition, every person born in the country on or after 3rd December is a citizen of the country provided both the parents are citizens or at least one parent is a citizen and the other is not an illegal migrant at the time of the birth.
Therefore, after abandoning the jus soli system, India has adopted a system where birthright citizenship is given only if the conditions mentioned are fulfilled. The conditions required to be fulfilled are mainly regarding the citizenship status of the parents, which indicates that the country has shifted to a jus sanguinis system that grants citizenship mainly on the basis of descent.
The country has also taken a strict stand against providing the privileged status of a citizen to children of illegal migrants. The system of jus soli existed in the United Kingdom since the ancient common law period and was effective till it was abolished in under the British Nationality Act of This law ended the system of unconditional jus soli citizenship and granted citizenship status only if the child is born in the UK and one parent is a British citizen, legally settled there, or a member of the UK armed forces.
The country also grants citizenship status to children born in the UK to non-citizens and non-residents if they live in the country for the first ten years of their lives with limited leave outside the country. Australia, which followed before the jus soli system to grant citizenship, shifted to a system where citizenship is automatically provided at birth only if the child is born at least to one Australian citizen or a permanent legal resident.
The country, thus, makes automatic birthright citizenship conditional and excludes children born to illegal immigrants. This has been stated under the Australian Citizenship Act of However, the country also grants citizenship to children born to illegal immigrants at the age of 10, if the child was born after and has lived in Australia for the entire 10 years.
The country has enacted such a policy as it is highly unlikely that illegal migrants remain in the country entirely for such a long duration. This provision thus enables them to filter the illegal migrants living in the country for such long durations with temporary residents or fleeing immigrants.
Citizenship is a privilege that when granted comes with its set of rights and duties. This status is granted to define the relationship that an individual has with a nation-state. Therefore, an unconditional grant of this status to all members merely on the basis of place of birth has been seen to be problematic by many. Birthright citizenship, though previously popularly followed around the world, has been witnessing a recent decline due to the several threats it carries.
While over 30 countries grant unconditional citizenship at birth even today, the global trend has seen an abandonment of this practice in exchange for naturalization or conditional citizenship automatically provided at birth. The controversy around the principle of jus soli has been a part of legal debates in several nations and has brought into light the purpose and intent of granting the right along with the threats associated with it.
Though the right might positively benefit certain groups, the possible threats upon granting the right cannot be ignored while deciding upon this issue. As a result, several countries have chosen to take a middle approach and have tried to avoid such threats while granting birthright citizenship on the fulfilment of certain conditions that vary from nation to nation.
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From Bhawna Agarwal: [email protected]. Sign in. Password recovery. Forgot your password? Visit the new DW website Take a look at the beta version of dw. Go to the new dw. More info OK. Wrong language? Change it here DW. COM has chosen English as your language setting. COM in 30 languages. Deutsche Welle. Audiotrainer Deutschtrainer Die Bienenretter. World Which countries grant unconditional birthright citizenship? A high concentration of the countries are in the Americas or had ties to the British Empire.
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Date DW News on Facebook In recent years, several countries have transitioned from birthright citizenship to jus sanguinis. Those countries include India and Malta. For you. World globe An icon of the world globe, indicating different international options.
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