Does our (Chinese born) daughter need a visa to be in China?

[Sydney Matt]

I have read through previous threads related to this topic, but still somewhat confused.

My Chinese wife and I have a baby born in Kunming who is now six months old. Our daughter now has Australian citizenship and an Australian passport.

If we don't get the Hukou, does this mean our baby needs a visa to be in China? Or is she a PRC citizen until such time as we get the one time entry/exit permit and leave China? In other words, regardless of whether or not we put her on my wife's Hukou, she is legally okay to be in China without a visa?

These visa and citizenship issues are a bit confusing, so starting to doubt myself. Any help appreciated.

Reason for edit: fixed mistake in title

[Lu]

All foreigners need a visa to be in China. If your daughter is Australian, she cannot also be Chinese, and since she is not Chinese, she needs a visa. She's not a PRC citizen if you didn't register her as one. So as far as I can tell, she is currently in China illegally. She probably won't be thrown out, but you might get a rather large fine.

 

Perhaps ask your embassy, they should know more about what paperwork to wrangle if an Australian baby is born in China.

 

EDIT: As pointed out below by someone knowledgable on the subject, the above is incorrect. Please refer to the posts below.

[langxia]

Maybe this is of some help :

 

http://www.beijing-kids.com/blog/beijingkids/2012/12/31/More-Bureaucratic-Bumbling-for-Mixed-Nationality-Chinese-Foreign-Babies

http://www.startinchina.com/shenzhen/baby/hukou_for_mixed_kids.html

[vellocet]

A child, born in China, to a Chinese parent, is Chinese.  The government won't kick one of their own people out of the country.  You can have a foreign passport, but when push comes to shove, the authorities will point out that the child has lived its entire life in China and foreign citizenship doesn't apply. 

 

This is why most people choose to have the baby back home.  Then, there isn't any doubt about the baby's citizenship.  You'll notice every passport has "PLACE OF BIRTH" written on it.  This is important.  The baby, born on foreign soil, enters China under a foreign passport and a family visa.  Then there are no questions about the issue.

[kdavid]

All foreigners need a visa to be in China. If your daughter is Australian, she cannot also be Chinese, and since she is not Chinese, she needs a visa. 

 

 

This is inaccurate.

 

As the child of a Chinese national, your child is a Chinese citizen until she comes of age and renounces this citizenship. You cannot do this for her by applying for and/or acquiring another country's citizenship on her behalf.

 

She requires no documentation to remain in China. Note that your decision to or not to get her a hukou should depend on your short- and long-term plans (e.g. will she attend school in China?).

 

In order for her to leave the country, she'll either need a Chinese passport OR a Chinese exit/entry booklet. The former requires a Chinese hukou, the latter does not.

 

Source: Eight years in China with two sons, both born in China. Multiple (bureaucratically laborious) trips abroad with children.

[Lu]

Kdavid, I stand corrected. Will amend my earlier post.

 

A question though: to my knowledge China doesn't allow dual citizenship, so if a baby is Australian, how can it also be Chinese? Or is the 'no dual citizenship' rule only for adults?

[Shelley]

so if a baby is Australian, how can it also be Chinese

 

Maybe as far as the Chinese government is concerned, all that matters is the child was born in china so therefore is Chinese, the child is not Australian in their eyes.

 

I was born in Canada, but now live in the UK, I am Canadian but also a British citizen, I don't have dual citizenship, but the fact I was born in Canada isn't just forgotten.

[gato]

Your kid's situation is what the Chinese government refers to as “国籍冲突”. S/he doesn't a visa to stay in China. To visit outside of China, s/he can apply for 《中华人民共和国出入境通行证》 each time s/he leaves the country. The permit lasts for three months on each issuance. See below.

 

http://www.babytree.com/community/group21581/topic_1329296.html

关于混血宝宝国籍冲突问题及出入境许可证办理的一点经验谈

 

http://www.bjgaj.gov.cn/web/detail_getZwgkInfo_44408.html

 

签发《中华人民共和国出入境通行证》

 

3）因国籍冲突，不便持用普通护照出境的分以下两种情况：

 

已取得外国护照、父母一方为外国人、一方为中国人，依照中国国籍法被认定具有中国国籍的儿童办理时需提交以下材料：

 

（1）儿童外籍护照原件及复印件；

（2）《出生证明》原件及复印件；

（3）父母双方护照原件及复印件，中国一方父亲或母亲的北京市户口簿、身份证原件及复印件或注销户口证明、父母结婚证原件及复印件；

（4）三张两寸近期正面免冠彩色照片（背景为白色或淡蓝色）；

（5）填写《港澳台侨证件延期、补发申请审批表》；

（6）中方父亲或母亲无北京户籍的，还需提供由公安机关出具的在京居住半年以上的暂住证明原件及复印件，外籍一方需提供外国人在京居留许可原件及复印件（取证时间等通知）。

[kdavid]

A question though: to my knowledge China doesn't allow dual citizenship, so if a baby is Australian, how can it also be Chinese? Or is the 'no dual citizenship' rule only for adults?

 

 

Great question!

 

Yes, China does not accept dual citizenship. Chinese citizenship overrides any other until the Chinese citizenship is formally renounced by the of-age individual in question.

[kdavid]

To add to Gato, that's exactly what we had to do with my boys. Unfortunately, the *one* person who processed this paperwork in Harbin was corrupt and would only affix the appropriate stamps once a "red bag" (read: bribe) was given.

 

I've heard this is not the case in all cities. In fact, our situation appeared to be an exception.

[Sydney Matt]

Sorry for the late reply - just wanted to say thank you very much to you all for your help with this! Feel things are already much clearer now.