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Citizenship and Nationality: How the Law Changed

Every country must decide who its citizens are, and the rules changed far more than most people expect. Two principles compete: citizenship by birth in the territory (jus soli) and citizenship by descent from a parent (jus sanguinis). The United States wrote the first into its Constitution in 1868; Germany built its law on the second from 1913 until 2000; France mixed them, and Britain moved from the first towards the second in 1983. The chart follows four questions: who is a citizen by birth or descent, who may become one by naturalisation, how marriage affected a woman's nationality, and when citizenship could be taken away.

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177518001825185018751900192519501975200020252050United Kingdom1844: Naturalisation by certificate1870: The right to give up British nationality1914: Wives take their husbands' nationality1948: Citizens of the United Kingdom and Colonies1948: A wife's nationality no longer follows her husband's1983: End of citizenship by birth alone2006: Unmarried fathersUnited States1790: Naturalization Act of 17901857: Dred Scott v. Sandford1868: Fourteenth Amendment1870: Naturalisation for people of African descent1882: Chinese Exclusion Act1898: United States v. Wong Kim Ark1922: Cable Act1924: Indian Citizenship Act1943: Chinese exclusion repealed1952: McCarran-Walter Act1967: Afroyim v. RuskFrance1804: Descent through the father1851: Double jus soli1889: Born in France, French at majority1927: Faster naturalisation1927: A French woman keeps her nationality1940: Review of naturalisations1945: Nationality Code1973: Mothers and fathers equal1993: A declaration of will1998: Automatic again at eighteenGermany1913: Descent only1935: Reich Citizenship Law1949: Protection in the Basic Law1974: Mothers pass on nationality2000: Birth in Germany counts2014: No forced choice2024: Dual citizenship allowed

1844United Kingdom· Becoming a citizen later (naturalisation)

Naturalisation by certificate

The Naturalization Act 1844 let a foreigner become a British subject by a certificate from the Home Secretary, instead of a private Act of Parliament.

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These charts show the main turning points in the law of several countries, from our own knowledge. Each entry is one law or decision, dated by when it was passed or decided; the date it took effect is sometimes later. A chart is a map of turning points, not a complete history, and it records the law on paper, not how it was applied. Check the statutes and decisions named for the exact wording. It is general information, not legal advice.

The story in each country

United Kingdom

From subjects of the Crown to citizens: a common code for the Empire in 1914, citizenship of the United Kingdom and Colonies in 1948, and the end of automatic citizenship by birth in 1983.

United States

A race-based naturalisation law from 1790, birthright citizenship in the Fourteenth Amendment of 1868, and the removal of racial bars between 1870 and 1952.

France

Descent through the father in 1804, the 'double jus soli' of 1851, citizenship for those born in France in 1889, then reversals and restorations in 1993 and 1998.

Germany

Citizenship by descent only from 1913 to 2000, the Nazi stripping of Jews' citizenship in 1935, constitutional protection from 1949, and a new law that allows dual citizenship in 2024.

Every turning point, in order

United Kingdom

  1. 1844 Naturalisation by certificate

    Becoming a citizen later (naturalisation)

    The Naturalization Act 1844 let a foreigner become a British subject by a certificate from the Home Secretary, instead of a private Act of Parliament.

  2. 1870 The right to give up British nationality

    Losing and keeping citizenship

    The Naturalization Act 1870 let a British subject renounce nationality; before it, the rule was 'once a subject, always a subject'.

  3. 1914 Wives take their husbands' nationality

    Women, marriage and nationality

    The British Nationality and Status of Aliens Act 1914 gave one nationality code for the Empire and provided that a woman who married a foreigner lost her British status.

  4. 1948 Citizens of the United Kingdom and Colonies

    Citizenship by birth and descent

    The British Nationality Act 1948 created citizenship of the United Kingdom and Colonies, with Commonwealth citizens keeping the status of British subjects.

  5. 1948 A wife's nationality no longer follows her husband's

    Women, marriage and nationality

    The British Nationality Act 1948 ended the rule that a woman's nationality changed automatically on marriage.

  6. 1983 End of citizenship by birth alone

    Citizenship by birth and descent

    The British Nationality Act 1981, in force from 1983, ended automatic citizenship for everyone born in the United Kingdom: a child now needs a parent who is a British citizen or settled.

  7. 2006 Unmarried fathers

    Citizenship by birth and descent

    From 2006, a child born to a British father who is not married to the mother can be a British citizen, as one born to a British mother always could.

United States

  1. 1790 Naturalization Act of 1790

    Becoming a citizen later (naturalisation)

    The first naturalisation law limited it to 'free white persons' of good character after two years of residence.

  2. 1857 Dred Scott v. Sandford

    Citizenship by birth and descent

    The Supreme Court held that people descended from enslaved Africans could not be citizens of the United States.

  3. 1868 Fourteenth Amendment

    Citizenship by birth and descent

    The Fourteenth Amendment made everyone born or naturalised in the United States, and subject to its jurisdiction, a citizen, overruling Dred Scott.

  4. 1870 Naturalisation for people of African descent

    Becoming a citizen later (naturalisation)

    The Naturalization Act of 1870 extended naturalisation to 'aliens of African nativity and persons of African descent'.

  5. 1882 Chinese Exclusion Act

    Becoming a citizen later (naturalisation)

    The Chinese Exclusion Act barred Chinese labourers from entering and denied Chinese immigrants the right to naturalise.

  6. 1898 United States v. Wong Kim Ark

    Citizenship by birth and descent

    The Supreme Court held that a child born in the United States to Chinese parents is a citizen at birth.

  7. 1922 Cable Act

    Women, marriage and nationality

    The Cable Act ended the rule that a woman citizen lost her citizenship on marrying a foreigner, though it kept exceptions for women who married men barred from naturalising, which lasted until 1936.

  8. 1924 Indian Citizenship Act

    Citizenship by birth and descent

    The Indian Citizenship Act made Native Americans born in the United States citizens.

  9. 1943 Chinese exclusion repealed

    Becoming a citizen later (naturalisation)

    Congress repealed the Chinese Exclusion Acts in 1943 and let Chinese immigrants naturalise.

  10. 1952 McCarran-Walter Act

    Becoming a citizen later (naturalisation)

    The Immigration and Nationality Act of 1952 removed the last racial bars to naturalisation, so that people of every race could become citizens.

  11. 1967 Afroyim v. Rusk

    Losing and keeping citizenship

    The Supreme Court held that Congress cannot take away a person's citizenship without the person's consent.

France

  1. 1804 Descent through the father

    Citizenship by birth and descent

    The Civil Code made French nationality pass by descent from a French father, in place of the older rule based on birth in the kingdom.

  2. 1851 Double jus soli

    Citizenship by birth and descent

    A law of 7 February 1851 made French a child born in France to a foreign parent who had also been born in France.

  3. 1889 Born in France, French at majority

    Citizenship by birth and descent

    A law of 26 June 1889 made a child born in France to foreign parents French at the age of majority unless he or she declined.

  4. 1927 Faster naturalisation

    Becoming a citizen later (naturalisation)

    A law of 10 August 1927 cut the period of residence for naturalisation to three years.

  5. 1927 A French woman keeps her nationality

    Women, marriage and nationality

    The same law of 1927 provided that a French woman who married a foreigner kept her French nationality unless she chose to take her husband's.

  6. 1940 Review of naturalisations

    Losing and keeping citizenship

    A Vichy law of 22 July 1940 ordered a review of all naturalisations since 1927; about 15,000 people lost their French nationality, some 6,000 of them Jews.

  7. 1945 Nationality Code

    Becoming a citizen later (naturalisation)

    An ordinance of 19 October 1945 brought the French nationality rules into a single code, the Code de la nationalité.

  8. 1973 Mothers and fathers equal

    Women, marriage and nationality

    A law of 9 January 1973 let a French mother pass French nationality to her child on the same terms as a father.

  9. 1993 A declaration of will

    Citizenship by birth and descent

    The Pasqua law of 1993 required a person born in France to foreign parents to declare, between 16 and 21, that he or she wished to be French.

  10. 1998 Automatic again at eighteen

    Citizenship by birth and descent

    The Guigou law of 1998 restored automatic French nationality at 18 for those born in France to foreign parents who have lived there, ending the declaration.

Germany

  1. 1913 Descent only

    Citizenship by birth and descent

    The Reich and State Nationality Law of 1913 based German citizenship on descent from a German parent, which remained the rule until 2000.

  2. 1935 Reich Citizenship Law

    Losing and keeping citizenship

    The Reich Citizenship Law of September 1935, one of the Nuremberg Laws, limited citizenship to people of 'German blood' and reduced German Jews to 'state subjects'.

  3. 1949 Protection in the Basic Law

    Losing and keeping citizenship

    The Basic Law of 1949 forbids depriving a German of citizenship and lets those whose citizenship was taken away between 1933 and 1945 regain it.

  4. 1974 Mothers pass on nationality

    Women, marriage and nationality

    In 1974 the Federal Constitutional Court held unconstitutional the rule that only a German father could pass on citizenship to a child born in wedlock; a law of 1975 followed.

  5. 2000 Birth in Germany counts

    Citizenship by birth and descent

    The nationality law reform in force from 2000 made a child born in Germany to foreign parents a German citizen if a parent had lived there legally for eight years.

  6. 2014 No forced choice

    Losing and keeping citizenship

    In 2014 Germany ended the duty of those who grew up in the country, with two nationalities from birth, to choose one at adulthood.

  7. 2024 Dual citizenship allowed

    Becoming a citizen later (naturalisation)

    A law in force from June 2024 generally allows dual citizenship and shortens the residence needed for naturalisation from eight years to five.

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TheLawToKnow Tools. Citizenship and Nationality: How the Law Changed. https://tools.thelawtoknow.com/law-evolution/citizenship-and-nationality.