What is Jus Soli (Right of Soil)? Definition & Guide
A principle of nationality law where citizenship is granted to anyone born within the territory of a state, regardless of parental nationality.
Jus soli (Latin for "right of the soil") is a principle under which a person acquires citizenship of the country where they are born, regardless of their parents' nationality. The United States and Canada are the most prominent examples of countries that apply unrestricted jus soli.
Most European countries do not apply jus soli. A child born in Portugal to non-Portuguese parents does not automatically receive Portuguese citizenship. The child's citizenship follows the parents' nationality under jus sanguinis. Some European countries have modified jus soli provisions: a child born in Portugal to parents who have been legal residents for at least one year at the time of birth can acquire Portuguese nationality.
In Latin America, jus soli is more common. Argentina, Brazil, Panama and most other countries in the region grant citizenship to anyone born on their territory. This is relevant for investment migrants considering Latin American residency programs, as children born during residency would acquire local citizenship automatically.
The interaction between jus soli and investment migration creates planning opportunities. An American family with a Portugal Golden Visa who gives birth in the United States produces a child with US citizenship (jus soli) who may also qualify for Portuguese citizenship through the parents' residency status.
Why It Matters for Golden Visa Applicants
Jus soli affects family planning for investment migrants. In most European Golden Visa countries, a child born on local soil does not automatically receive citizenship. The child's nationality follows the parents under jus sanguinis. However, in Latin American destinations like Argentina and Panama, children born during residency receive citizenship at birth. This distinction can influence which program a family chooses, particularly if they plan to have children while holding a residency permit. Understanding the interplay between jus soli and jus sanguinis prevents incorrect assumptions about a child's citizenship status.
Example
"Their daughter was born in Buenos Aires while they held Argentine temporary residency, so she received Argentine citizenship automatically under jus soli."