Citizenship by Descent: What It Is, Eligibility, and How to Apply

Fact checked by Suzanne KvilhaugReviewed by Katie MillerFact checked by Suzanne KvilhaugReviewed by Katie Miller

What Is Citizenship by Descent?

Citizenship by descent refers to the legal process of acquiring citizenship based on one’s ancestral ties to a country. Unlike birthright citizenship, which is the practice of an individual receiving citizenship to the country they’re born in, citizenship by descent allows an individual to become a citizen of the country in which their parents, grandparents, or potentially even great-grandparents holds or held citizenship.

Key Takeaways

• Citizenship by descent allows individuals to acquire citizenship based on their ancestry.
• Eligibility criteria for citizenship by descent vary among countries.
• Acquiring citizenship by descent involves submitting documentation and forms to relevant government agencies.
• Citizenship by descent grants individuals various benefits and rights, such as living, working, and studying in a country.
• Dual citizenship is often allowed for individuals with citizenship by descent.

Eligibility Criteria for Citizenship by Descent

The eligibility criteria for citizenship by descent depends on the country for which an individual is seeking citizenship, so it’s crucial to review the specific laws of a country. In general, the criteria will include an ancestral tie, such as being born outside the country but having at least one parent who is a citizen.

The applicant will need to provide official documents like birth certificates and marriage records to prove their connection to the country in question. Additionally, there may be restrictions and limitations on acquiring citizenship by descent.

Countries That Offer Citizenship by Descent

Many countries around the globe offer citizenship by descent, though each may come with limitations. They include:

• Australia: Australia allows citizenship by descent for eligible applicants born outside the country if at least one of their parents was an Australian citizen at the time of the applicant’s birth.
• India: India allows citizenship by descent if one of the eligible applicant’s parents is an Indian citizen. Children, grandchildren, and great-grandchildren of a person of Indian origin may be eligible for overseas citizenship of India (OCI), a form of citizenship that has restrictions compared to full citizenship.
• Ireland: Ireland automatically gives citizenship to individuals if one of their parents was an Irish citizen born in Ireland. Otherwise, eligible applicants can become citizens if one of their grandparents was born in Ireland or if one of their parents was an Irish citizen at the time of their birth but was not born in Ireland.
• Italy: Italy is known as one of the easiest countries to receive citizenship through descent. Individuals may be eligible for it so long as they can prove ancestral ties to Italy. The number of generations is not limited.
• South Africa: Individuals born outside of South Africa can become South African citizens if their parents were citizens at their birth.
• The United Kingdom: Citizenship to the U.K. is usually automatically passed down for one generation to children born outside of the country. Children of British parents can apply if they were not automatically given citizenship.
• The United States: The U.S. allows citizenship by descent through a parent as long as the parent was a U.S. citizen at the time of the applicant’s birth.

How to Acquire Citizenship by Descent

The process of acquiring citizenship by descent will vary from one country to another, but it generally requires the following steps:

1. Confirm your eligibility. Before you prepare your application, ensure that you are eligible for citizenship by descent in the country you are claiming it. This will require researching specific eligibility criteria and restrictions. For example, one country may allow you to apply for citizenship through your grandparents, while another may only do so through your parents. If an ancestor renounced their citizenship, you may be ineligible. At this point, you should also consider what becoming a citizen of another country means for your current citizenship. Some governments allow dual citizenships while others do not.
2. Gather your documents. You must prove your ancestry through birth certificates, marriage records, or other official documents. Check the documents required to prove your lineage from the country you’re seeking citizenship. You may also need to take new passport-sized photos to accompany your application.
3. Prepare your application. You can find official applications on government or embassy websites. In addition to sharing your information and documents that prove your ancestry, you may be required to translate documents. Seek expert guidance from an immigration attorney if you need help. You will likely have to pay an application fee.
4. Follow any additional steps. Depending on the country’s application requirements, you may need to take a language or civics test or participate in interviews.
5. Wait for the government’s decision. The time between applying and receiving a final decision about your citizenship will vary by country. For many U.S. cities, the wait time is at least six months.

Note

Jus sanguinis is Latin for “right of blood.” This principle is the basis for citizenship by descent, which is often referred to as bloodline citizenship.

Benefits and Rights of Citizenship by Descent

The benefits and rights of citizenship by descent vary. One main benefit is the right to live, work, and study in the country in question without a visa. This means citizens can also start a business, own land, and come as go as they please.

Other benefits include access to healthcare and social services, like federal college assistance and Social Security. Citizenship by descent can also secure the right to vote.

Limitations and Restrictions of Citizenship by Descent

Countries vary in the limitations they place on citizenship by descent, such as how many generations back direct lineage can be traced or whether citizenship can continue to be passed down through generations. Some governments also have gender-based laws, which could include the allowance of citizenship by descent through the father but not the mother.

Governments that allow citizenship of descent often stipulate that an individual cannot receive citizenship by descent if they previously renounced their citizenship from the country in question. They may also impose residency requirements on the applicant or the ancestor.

Depending on the country, one may only be able to receive a level of citizenship that comes with restrictions. India’s OCI, for example, allows an individual to enter the country without a visa, and to live and to work there, but it doesn’t allow voting, ownership of agricultural land, or the ability to hold certain positions.

Dual Citizenship and Citizenship by Descent

Dual citizenship refers to the state of being a citizen of more than one country at once. The U.S., for example, does not require an individual to give up their other citizenship upon becoming a citizen. Other countries, like China, however, don’t allow dual citizenship.

While dual citizenship can be obtained through citizenship by descent, it can also be gained through other means, such as birthright, marriage, and naturalization. Because U.S. law states that anyone born in the U.S. is automatically a U.S. citizen, an individual born in the U.S. with Italian ancestry can keep their U.S. citizenship and become an Italian citizen through citizenship by descent, giving them dual citizenship, for instance.

Dual citizenship can have drawbacks, namely the prospect of having dual obligations. Dual citizens may be barred from certain jobs in some countries or face the possibility of double taxation.

Do I Have to Renounce My Current Citizenship to Acquire Citizenship by Descent?

Whether you will have to renounce your citizenship to acquire citizenship by descent depends on the laws and regulations of the two countries. If you seek citizenship by descent to a country that does not permit dual citizenship, you must renounce your other citizenship.

How Much Does It Cost to Apply for Citizenship by Descent?

Application costs vary from country to country. As of May 2024, the filing fee for an application in the U.S. is $710 for online filing and $760 for paper filing, though fees are periodically adjusted.

What Is the Easiest Citizenship by Descent Program?

Some countries have simpler paths to citizenship via citizenship by descent than others. For example, you may be eligible for citizenship by descent fairly easily in Italy, Hungary, and Poland if you can prove your familial ties to those countries.

The Bottom Line

Citizenship by descent allows an individual with ancestral ties to a country to become a citizen of that country. Countries vary regarding who they deem eligible for citizenship by descent and what the associated application process entails. Applicants will likely have to provide official documents like birth certificates and marriage records to prove their ancestral ties to a country. Often, individuals will have dual citizenship after they apply for a second citizenship via citizenship by descent.

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