Child born in Mainland to two naturalized ROC (Taiwan) citizens not holding other nationality

[LinZhenPu]

I've posted this question on Forumosa: http://tw.forumosa.com/t/child-born-in-mainland-to-two-naturalized-roc-taiwan-citizens-not-holding-other-nationality/157086

And I'm posting it here too. I hope it creates an interesting discussion.

 

A situation popped into my imagination today in which a child is born in Mainland China to a mother and father who are naturalized Taiwanese citizens and as such have renounced their previous citizenships/nationalities. Several questions have popped into my head thinking about this.

The PRC government is unlikely to won't them as PRC nationals (whereas Taiwanese nationals of Chinese descent are ostensibly considered as PRC nationals), nor can they be considered nationals of any other state. As such, this situation would fall under Article 4 of the PRC nationality law where a child born in China whose parents' nationalities cannot be determined is given PRC citizenship.

Can we speculate about the ramifications of such a situation and the complications that would exist? Has this ever actually happened?
What types of scenarios could particular different circumstances lead to?
Could this lead to the child holding both a valid genuine PRC passport and a valid genuine ROC passport simultaneously which has probably never occurred in history?

How about one or both of the parents returning to their countries of previous nationalities and resuming citizenship and getting the child registered as a citizen of their countries?

How would the parents obtain travel documents? Would the PRC government grant the child status as a PRC citizen and issue a PRC passport? This applies to regular Taiwanese folk who happen to birth children while in Mainland China: Can they just apply for a Taiwan Compatriot Permit for the child? How is this done for Taiwanese children born within Mainland China? I'm aware of the entry-exit permit that needs to be obtained for foreigners having children to Chinese parents in China, but this situation is a bit different.

I think the most likely outcome is that China would not determine the child to be a citizen under Article 4 and would instead issue a 1951 Convention Travel Document by China to let the child join their parents in returning to Taiwan. But what would the PRC government be implying by doing this?

[Lu]

nor can they be considered nationals of any other state.

That would depend on what the parents' original nationality was. For example, two friends of mine, with two different non-Dutch passports, have a child who is Dutch because the mother's mother is Dutch (there were some more complicated rules, but that was the gist of it).

 

I was reading Michael Crichton last week, a novel about time travel. What about time paradoxes, asks one of the prospective travellers, what if I kill my own grandfather? The answer was both obvious and elegant: that doesn't happen. You won't get to your grandfather, or you won't be able to pull the trigger, or someone else will kill you before you kill your grandfather. It basically just won't happen.

I feel quite the same way about this scenario. If it has ever happened, I'd be interested in hearing from the parents or the child, but until then, it's just speculative fiction.

[LinZhenPu]

After more reading and some replies to my thread on Forumosa.

If they're in the PRC with no nationality other than ROC nationality, they are there with a 台胞证 Taiwan Compatriot Permit, meaning the PRC recognises them as Chinese nationals for purposes of travel between the Taiwan strait.

This 台胞证 card is the defacto national ID card for Taiwan residents in the PRC and virtually acts as a 身份证 giving ROC nationals indefinite right of abode and working rights. In Shanghai it gives access to services that makes it act like a Shanghai hukou.