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Can a UK-born baby be issued with a Chinese passport in UK?

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spriter
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Can a UK-born baby be issued with a Chinese passport in UK?

Post by spriter » Sat Aug 07, 2010 2:02 pm

Hi all,

Me: UK national, working in UK.
Wife: Chinese (mainland) national in UK on Spouse Visa (apply for ILR next year).

We're due to have our first baby in December. Would the baby be able to have a Chinese passport issued in the UK as per the mother or are we not able to choose? Furthermore, if it could be given a Chinese passport, are there further applications needed for the baby to stay?

Similarly, what are the issues if we had a baby and it was born in China and given a Chinese passport? What would be the procedures to bring it to the UK?

I'm asking in relation to working/moving to China in the future so would need to consider the baby's nationality.

Any information is much appreciated :)

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sat Aug 07, 2010 2:43 pm

As i understand it China doesn't allow dual nationality so this might be an issue for your wife too.
An chéad stad eile Stáisiún Uí Chonghaile....

spriter
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Posts: 5
Joined: Sun May 16, 2010 7:09 am

Post by spriter » Sat Aug 07, 2010 3:08 pm

Hi Wanderer,

Yes, that's correct. I'm aware of not being allowed dual nationality, more if the nationality of the baby can be chosen as either British or Chinese, not both, when born?

:)

geriatrix
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United Kingdom

Post by geriatrix » Sun Aug 08, 2010 2:50 am

Article 5 wrote:Any person born abroad whose parents are both Chinese nationals and one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Am no expert in reading legal texts, but it seems possible - if the application is made before your wife is granted settlement in the UK (blue text). Once your wife is granted settlement, your child will not be eligible for Chinese citizenship (red text).
Wikipedia: Nationality law PRC: Citizenship by birth wrote: A foreign-born person with at least one parent that is a Chinese national has Chinese nationality so long as that parent has not "settled" in that country. The term "settled" is usually taken to mean that the Chinese national parent has permanent residency in the country concerned. A person born outside China, including those with parent(s) of Chinese nationality, does not have Chinese nationality if a foreign nationality is acquired at birth, if the Chinese national parent has settled abroad.

regards

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