Jump to content


CLI ad

Put your message here

Welcome to Chinese-forums.com


Since 2003 we've been helping people learn Chinese, study and work in China, find Chinese books, movies or music. We are active, friendly and helpful. Check out recent and popular posts on the home page, see the full forums listing or sign up for free now.

Member quotes:

"This forum is a goldmine of information, and I'm so glad it's here!"
"...the kindest, most interesting and most useful help."
"...a godsend!"

Popular Posts

Photo
- - - - -

Children with Dual Nationality


  • Please log in to reply
8 replies to this topic

#1 share johnd

johnd
  • user photo
  • Members
  • 248 posts
  • Location:深圳

Posted 17 July 2006 - 01:19 PM

My wife is Chinese and I am British, and our baby girl was born in China, so she will have two passports. The British Embassy offers this advice on the subject, so I know this is possible. And since the Chinese government does not recognise Dual Nationality she must use her Chinese passport when first leaving China. That much I understand.

But I have also read (can’t remember where), that when Chinese citizens take up the nationality of another country, they must renounce their Chinese citizenship – and vice versa.

Does anyone have experience with this situation? Is it legitimate, from the Chinese point of view, for the child to have both passports? Should I ensure that Chinese officials don’t see both passports at once?

Any advice about travelling with a half-half child would be appreciated!
  • 0

Site Sponsors

Pleco for iPhone / Android iPhone & Android Chinese dictionary: camera & hand- writing input, flashcards, audio.
Study Chinese in Kunming 1-1 classes, qualified teachers and unique teaching methods in the Spring City.
Learn Mandarin in Beijing Tailored, intensive classes from professional teachers, for real results. Business Chinese
Learn Chinese in China Learn to speak Chinese 1MonthChinese.com -Mandarin School in China.
Learn Chinese Characters Learn 2289 Chinese Characters in 90 Days with a Unique Flash Card System.
The Hutong School in China Learn Chinese, intern or volunteer in Beijing, Shanghai and Chengdu with the Hutong School.
Popup Chinese Translator Understand Chinese inside any Windows application, website or PDF.
Chinese Grammar Wiki All Chinese grammar, organised by level, all in one place.
Put your message here

#2 share gato

gato
  • user photo
  • Members
  • 6,531 posts

Posted 17 July 2006 - 04:36 PM

But I have also read (can’t remember where), that when Chinese citizens take up the nationality of another country, they must renounce their Chinese citizenship – and vice versa.


Article 9 of the PRC Nationality Law states that any PRC citizen who "obtains citizenship of a foreign country automatically loses his or her PRC citizenship."

 http://www.fmprc.gov.../xgfg/t9783.htm
中华人民共和国国籍法
第九条 定居外国的中国公民,自愿加入或取得外国国籍的,即自动丧失中国国籍。

However, what the British Embassy website suggests might just work because there's no requirement to tell the Chinese government when one obtains another country's citizenship. If they don't know, I don't see how they can revoke a person's Chinese citizenship. I don't know how this automatic loss of citizenship measure is enforced. If your child uses a UK passport when entering or leaving China, my guess is that they won't be able to check his/her name against a database to find that he/she is a Chinese citizen, as well. So maybe this is one of those things that works on an "honor" system, more or less.
  • 0

#3 share skylee

skylee

    香港分舵舵主

  • user photo
  • Members
  • 13,664 posts
  • Chinese:高不成低不就
  • Location:852

Posted 17 July 2006 - 05:48 PM

These pages are relevant ->

Nationality Law of China in English -> http://www.immd.gov...._4_1_natlaw.htm

Renunciation of Chinese Nationality -> http://www.immd.gov....tionality_5.htm

I think it is that if you have Chinese nationality, unless you have renounced it, you will be treated as Chinese in China even if you have another passport. Not sure, though.
  • 0

#4 share horas

horas
  • user photo
  • Members
  • 142 posts

Posted 17 July 2006 - 06:30 PM

*

AFAIK traditionally the Chinese government follows the principle of ius sanguinis, so even children having Chinese blood (from the father - so having the family name of the father) born not in China would be automatically be a Chinese citizen.

As an example:
People with Chinese blood (from the father) born in Indonesia must refute their Chinese citizenship before taking the Indonesian citizenship.

If the Chinese blood is from the mother - so the child doesn't have a Chinese family name - CMIIW the rule doesn't apply.

-
  • 0

#5 share roddy

roddy

    向Imron同志学习

  • user photo
  • Administrators
  • 16,091 posts
  • Chinese:暂无
  • Location:London

Posted 17 July 2006 - 08:30 PM

I think Gato's right - it's unlikely anyone is going to say 'Hey, you can't be Chinese any more.' I know people who have gone abroad, acquired foreign passports, used them to enter China and then gone back to using their Chinese ID card for day to day purposes. Does anyone know of someone who has renounced their Chinese citizenship or had it forcibly removed? I don't think it would be a problem unless someone gets caught up in a court case and starts trying to get help from a foreign embassy or something.

Having said that, I'm as foreign as foreign can be, so don't have any direct experience.
  • 0

#6 share johnd

johnd
  • user photo
  • Members
  • 248 posts
  • Location:深圳

Posted 18 July 2006 - 10:48 AM

Thanks for your advice guys. Perhaps the rules and the implementation are not completely in accordance! I reckon that dual nationality is economically and culturally advantageous to China, so perhaps the rules will change before too long.

I guess that as long as you are consistent with which passport you enter-leave China, then things will go smoothly.
  • 0

#7 share gougou

gougou

    Admin

  • user photo
  • Members
  • 2,814 posts
  • Chinese:Rapidly decreasing
  • Location:Germany *sigh*

Posted 18 July 2006 - 11:45 AM

Hmm, I'm not a lawyer, so I might be off, but isn't the British Embassy in essence encouraging people to use an invalid passport for international travel (provided that they accept the Chinese regulations that stipulate that the child has lost its Chinese nationality?)
  • 0

#8 share gato

gato
  • user photo
  • Members
  • 6,531 posts

Posted 18 July 2006 - 08:46 PM

Yes, the UK Embassy is suggesting that you go around the literal reading of the law. Most overseas Chinese I know who are naturalized American citizens come back to China with their American passports. In fact, I don't know of anyone personally who comes back with their old Chinese passports. One problem is that the Chinese passports expire at some point, and you might have to lie to get them renewed. For example, it's possible that the renewal form would ask you if you've become another country's citizen since you last applied or such, though I don't know if they in fact ask you that. Moreover, for adults, one gains some added legal protection by entering China as a foreign citizen. That's not so important for kids, perhaps.
  • 0

#9 share gougou

gougou

    Admin

  • user photo
  • Members
  • 2,814 posts
  • Chinese:Rapidly decreasing
  • Location:Germany *sigh*

Posted 19 July 2006 - 09:28 AM

I met a guy who was acquired the German nationality and in the process put down his Chinese nationality. However, he said that ID cards were handled by an authority separate from that for passports. So in effect, he only renounced the rights to one of these documents, and still held the other as proof of Chinese citizenship.
  • 0


1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users