Comment by seanmcdirmid
21 hours ago
A lot of countries don’t provide citizenship automatically without condition by blood. China for example, a kid only inherits citizenship if one parent is a chinese citizen and not a PR of any other country (so kids born to Chinese parents with green cards don’t count, which doesn’t really matter in this case).
Also the USA used to have weird rules about young mothers not transferring citizenship automatically (which the whole Obama birther myth relied on).
What happens if two Chinese parents are living and working in the Netherlands with permanent residence. If they have a child, what is the nationality? I don't think it will be Dutch because the Netherlands does not have automatic birth right, unless to prevent statelessness.
The child has Chinese citizenship (and presumably some kind of Dutch PR) from birth in that case.
> Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
> Any person born abroad whose parents are both Chinese nationals or 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.
- "Settled abroad" means having unrestricted, legal permanent residence. Recently, it was clarified that the two-year conditional US green card does not count, for example.
- Due to an "interpretation," as this law was written pre-handover, the "settled abroad" limitation sentence does not apply where (one of) the Chinese parents is a HK/MO resident.
- A parent from HK/MO pre-handover, or Taiwan, is still a Chinese citizen and will transmit citizenship to their children.
If both/the only Chinese parent is a mainland or Taiwan resident, not settled abroad, the child would get a Travel Document to enter mainland China. They cannot get a visa to do so inside the foreign passport. Foreign passport can still be used for HK/MO/TW.
The child cannot get the ordinary red Chinese passport (unless they "resolve the conflict" by abandoning the other citizenship). They can, IIRC, still get a resident ID card if their parents still have hukou and register them?
In your scenario (not overseas citizen at birth), the child does have a regular red Chinese passport. Because they live overseas, they can get a permit from the Chinese embassy inside the passport to visit HK/MO, and they can also get an entry permit from the Taiwan authorities to visit for two weeks at a time, which is a loose leaf paper.
If one Chinese parent is a permanent resident of HK/MO, the child generally gets both Chinese nationality and HK/MO residence. Thus they are issued a full HK/MO passport. These passports still cannot enter the mainland directly, so they can ALSO get a Travel Document OR first visit HK/MO and then apply for the Home Return Permit using the domestic procedures.
Dual nationality for kids in China is a PITA and we were careful to avoid it for our son. I had a coworker who had a mess in figuring it out, with Beijing (where they had residence) demanding documents from Shanghai (where the mom had hukou) that Shanghai didn’t issue anymore.