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Apply British citizenship without getting British passport

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Lynne-q
Newly Registered
Posts: 1
Joined: Thu Jan 11, 2024 2:27 pm
United Kingdom

Apply British citizenship without getting British passport

Post by Lynne-q » Thu Jan 11, 2024 2:42 pm

My husband and I, both holding Chinese passports, currently have Indefinite Leave to Remain (ILR) in the UK. Our baby was born before we obtained ILR. We applied for a Chinese passport for our baby when he was over two months old. Now, we wish for him to apply for British citizenship without obtaining a UK passport initially and then apply for the Right of Abode (ROA). Is this feasible?

meself2
Moderator
Posts: 3440
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Apply British citizenship without getting British passport

Post by meself2 » Thu Jan 11, 2024 3:05 pm

Lynne-q wrote:
Thu Jan 11, 2024 2:42 pm
Now, we wish for him to apply for British citizenship without obtaining a UK passport initially and then apply for the Right of Abode (ROA). Is this feasible?
If you want to keep child's Chinese nationality - no.
Not having a British passport doesn't mean your child does not have British citizenship, citizenship will be obtained once registration takes place-> your child will lose Chinese nationality once registered.
http://www.npc.gov.cn/zgrdw/englishnpc/ ... 384056.htm
Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: Apply British citizenship without getting British passport

Post by secret.simon » Thu Jan 11, 2024 10:40 pm

There are two separate questions here.

(a) Can the child register as a British citizen and not have a British passport, but a CoE-RoA?
- Yes, so long as the child is entitled to a non-British passport.

(b) If the child registers as a British citizen, can they also retain Chinese citizenship?
- That is a question on Chinese law and for a Chinese lawyer/expert to respond to.
meself2 wrote:
Thu Jan 11, 2024 3:05 pm
http://www.npc.gov.cn/zgrdw/englishnpc/ ... 384056.htm
Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
This is unclear at best.

Can a child be stated to have "acquired foreign nationality of his own free will" if registered as a child by their parents?

Is there a provision for them to retain both nationalities until they come of age and then must make a choice?

That is something for somebody more learned in Chinese law to clarify.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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