2022 Statelessness & Citizenship Review 4(1) in 1608.5 Ann Dummett and Andrew Nicol in their book — Subjects, Citizens, Aliens and Others: Nationality and Immigration Law (1990) — argued that the common law’s long-standing reliance on jus soli, or the rule of birthplace, stemmed from the heterogeneous nature of the English nation from which it evolved.6 A common allegiance and identity was required to bring together a variety of peoples living in the same territory. In The New Politics of Immigration and End of Settler Societies (2016), Catherine Dauvergne argues that in the United States and Great Britain’s dominions, including the settler states of Canada, the United Kingdom, Australia and New Zealand, jus soli birthright citizenship had the added benefit of encouraging immigrant integration and bridging diverse ethnic groups into a shared political identity.7 However, in the 20th and 21st centuries, jus soli birthright citizenship has been called into question in Great Britain and each of its former dominions, as political debates about birthright citizenship have been shaped by broader disputes about immigration and social welfare policy. In Britain (effective 1983), 8 Australia (effective 1986),9 Ireland (effective 2004)10 and New Zealand (effective 2006), 11 changes to citizenship attribution rules were designed as immigration control measures targeting non-citizen parents. Australia, New Zealand, the United Kingdom and Ireland each primarily accord citizenship to persons at birth based on their parent’s citizenship and legal permanent residence there and have a residency requirement for children of non-permanent residents to obtain citizenship ranging from three years in Ireland 12 to 10 years in the United Kingdom and Australia.13 While a child may enjoy some local legal protections during this time, 10 years provides immigration authorities with ample time to deport non-permanent resident parents with native-born children.14 Canada has retained a broad application of jus soli birthright citizenship as s 3 of its Citizenship Act affords it to all persons born in the country, with the exception of the children of foreign diplomats. 15 However, both Liberal and Conservative Canadian governments have considered changes to the Citizenship Act that limit citizenship by territorial birth.16 As recently as 2018, the 5 6 7 8 9 10 11 12 13 14 15 16 Calvin’s Case (n 2). Ann Dummett and Andrew Nicol, Subjects, Citizens, Aliens and Others: Nationality and Immigration Law (Weidenfield Publishers 1990) 21–22. Catherine Dauvergne, The New Politics of Immigration and End of Settler Societies (Cambridge University Press 2016) 20. Zig Layton-Henry and Czarina Wilpert, Challenging Racism in Britain and Germany (Palgrave Macmillan 2003) 73. Gianni Zappalà and Stephen Castles, ‘Citizenship and Immigration in Australia’ (1999) 13(1) Georgetown Immigration Law Journal 273, 284. Eithne Luibhéid, Pregnant on Arrival: Making the Illegal Immigrant (University of Minnesota Press 2013) 149. Caroline Sawyer, ‘The Loss of Birthright Citizenship in New Zealand’ (2013) 44 Victoria University of Wellington Law Review 653, 654; ‘Types of Citizenship: Birth, Descent and Grant’, New Zealand Government (Web Page, 15 March 2022) <https://www.govt.nz/browse/passports-citizenship-and-identity/nz-citizenship/types-ofcitizenship-grant-birth-and-descent/>. Olivia Kelly, ‘Citizenship Waiting Times to be Reduced for Children’, Irish Times (online, 8 June 2021) <https://www.irishtimes.com/news/crime-and-law/citizenship-waiting-times-tobe-reduced-for-children-1.4586944>. Thomas Janoski, The Ironies of Citizenship (Cambridge University Press 2010) 30–31. Zappalà and Castles (n 9) 284. Citizenship Act 1985 (1985) Revised Statutes of Canada c C-29, s 3 (Canada). Margaret Young, ‘Canadian Citizenship Act and Current Issues’ (Working Paper No BP-445 E, Law and Government Division of the Government of Canada, October 1997) <http://publications.gc.ca/Collection-R/LoPBdP/BP/bp445-e.html>. 68