Children with Dual Nationality

[johnd]

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!

[gato]

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.cn/chn/lsfw/lszl/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.

[skylee]

These pages are relevant ->

Nationality Law of China in English -> http://www.immd.gov.hk/ehtml/chnnationality_4_1_natlaw.htm

Renunciation of Chinese Nationality -> http://www.immd.gov.hk/ehtml/chnnationality_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.

[horas]

*

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.

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[roddy]

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.

[johnd]

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.

[gougou]

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?)

[gato]

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.

[gougou]

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.

[banjo67xxx]

On 7/18/2006 at 2:46 PM, gato said:

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.

 

When my wife renewed her passport at the Chinese Embassy in London, she was asked to get a "Certificate of non-aquisition of British Citizenship" from the UK Home Office, and yes, the form does exist.

 

Further, when my youngest son was born in China we applied for an Exit Permit for him. As he has a British Passport he is not allowed to have a Chinese Passport, but as a potential Chinese citizen he cannot have a Visa in a British Passport. So he has to have an Exit Permit for the first time he leaves China, and then we got an Entry Permit from the Chinese Consulate in Zürich.

 

My eldest son doesn't have an Entry Permit as he was born in the UK.

 

On 7/17/2006 at 12:30 PM, horas said:

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

 

Does this ruling mean that my eldest son is therefore, not entitled to Chinese citizenship?

[ChTTay]

6 hours ago, banjo67xxx said:

Does this ruling mean that my eldest son is therefore, not entitled to Chinese citizenship?

This thread is 14 years old. The person you’re quoting last posted 13 years ago. Perhaps unlikely you’ll get a reply. 
 

Might be better (in the future?) to start a new thread and reference this one. 

[roddy]

I'd recommend that - this is definitely one area where things have changed.