Trends in Birthright Citizenship in EU 28 2013-2020 4. Varieties of ius soli citizenship in the EU 28 Ius soli citizenship, based on birth in the state, can be applied either at birth or after birth. Compared with descent from citizens, the provisions for citizenship on the basis of birth in the country are more complex; they may be usefully considered in the following categories: (i) citizenship awarded on the basis of birth in the country, irrespective of the parents’ citizenship (sometimes referred to as ‘second generation’ ius soli) (ii) citizenship for children born in the country to parents who themselves were born in the country (sometimes referred to as ‘third generation’ or ‘double’ ius soli) (iii) citizenship for foundlings or children of unknown parentage in the state (iv) citizenship for persons born in the country who would otherwise be stateless (v) citizenship for persons born in the country, acquired not at birth, but at some time after birth.6 Ius soli provision is much less broadly available in Europe than citizenship based on descent. 5 countries award citizenship at birth on the basis of birth in the territory (i) subject to certain conditions, but no country in the European Union now provides unconditional ius soli. 7 EU Member States have some provision for double ius soli (ii). However, more specialised provision for foundlings (iii) (27) and for stateless persons (iv) (26) are present in most, but not all states. 19 Member States have provision for ius soli citizenship that can be acquired at some time after birth (v).7 (i)Citizenship for those born in the country irrespective of the parent’s citizenship The five EU Member States with ius soli provision at birth for children born in the country, irrespective of their parents’ citizenship, are: Belgium, Germany, Ireland, Portugal and United Kingdom. The main condition for ius soli for the second generation in these countries is a period of prior parental residence, for example, 2 years in Portugal, 3 years in Ireland, 8 years in Germany and 10 years in Belgium, or a ‘settled’ residence status (without immigration restrictions) in the United Kingdom. (ii) Citizenship for those born to persons themselves born in the state A slightly larger number, seven EU Member States have ‘double’ ius soli provision for the third generation. Children born to persons themselves born in the state can acquire citizenship at birth in Belgium, France, Greece, Luxembourg, Netherlands, Portugal and Spain. In some cases this is unconditional and automatic (France, Luxembourg, Spain), while other countries apply conditions, such as a residence requirement for the applicant (Belgium), or parental residence: either at the time of birth, for a period of years, or a particular residence status (Belgium, Greece, Netherlands and Portugal). 6 This categorization is drawn from that of the GLOBALCIT Global Database on Modes of Acquisition of Citizenship. Global Database on Modes of Acquisition of Citizenship, version 1.0. San Domenico di Fiesole: Global Citizenship Observatory / Robert Schuman Centre for Advanced Studies / European University Institute. Last accessed at: http://globalcit.eu/acquisition-citizenship/, 19 February 2020. For further details see 7 These numbers reflect the fact that several countries have provisions under multiple categories. 6 RSCAS/GLOBALCIT-Comp. 2020/2 - © 2020 Authors