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Q: Chinese wife, European husband. Baby can get Chinese or only European citizenship?
I am talking with my gf about marriage and having a baby. She is Chinese, I am from Europe. I recently read on some forum that child can get Chinese citizenship only if both parents are Chinese. Can you please share your experience with me? I know all details what to do if we decide for baby to take my country citizenship.
10 years 7 weeks ago in Family & Kids - China
If baby is born in US or EU, non US or non EU parent ( s ) can be granted US or EU citizenship.
Same apply for China: 'if baby is born in China, EU father will likely get Chinese citizenship'.
However, Chinese immigration Laws can slightly differ than US or EU Laws. Dual citizenship in China doesn't exist. You must give up EU citizenship to became Chinese citizen! GOOG 'Chinese citizenship requirements' for more info.
'China does not recognize dual nationality. The Article 3 of China Nationality Law holds that the country will not admit the dual nationality of a Chinese citizen. Moreover, the Article 9 of that law declares that as soon as a Chinese takes a foreign citizenship, he will automatically lose his Chinese citizenship.'
'A “Chinese citizen” is a person of Chinese nationality under the CNL. Hong Kong residents who are of Chinese descent and were born in the Chinese territories (including Hong Kong), or persons who satisfy the criteria laid down in the CNL as having Chinese nationality, are Chinese nationals.'
Hotwater:
Your answer is not relevant to the question asked and is wrong anyway. The baby can have either Chinese OR the European citizenship of the father but not both. There is NO WAY the father will get Chinese citizenship, irrespective of what the baby has. Best he can get for now is a Q visa (if not already living here on Z visa/residence permit) or after 5 years he might qualify for the fabled D visa.
icnif77:
You're right! I realize that later, when I was reading web link. As I understand, EU father can get Chinese citizenship by naturalization, if his kid is Chinese (born in China). My reply are first two sentences, rest is c&p.
Here goes second question. Does Hong Kong allow dual citizenship? Or EU/US parent usually/always keeps his original citizenship.
HK is China! Same Law applies in China as in HK!
The People's Republic of China does not recognise dual nationality with any other country (Article 3).[6]
It is generally difficult to have dual nationality of China and another country, due to the provisions for loss of Chinese nationality when a Chinese national naturalizes in another country (see "Loss of nationality" above), and the stipulation that a foreigner who naturalizes in China cannot retain their foreign nationality (see "Naturalization" above).
However, under the Nationality Law it is still possible for a person to have dual nationality of China and another country at birth in some circumstances. For example:
- If they were born in China, to one Chinese-national parent, they are a Chinese national at birth (Article 4). If their other parent is a non-Chinese-national, they may acquire another nationality at birth by jus sanguinis from that parent.
- If they were born outside China, to one or two Chinese-national parents who have not settled abroad, they are a Chinese national at birth (Article 5). They may acquire another nationality at birth by jus soli if they were born in a jus soli country, and/or they may acquire another nationality from their other parent (if only one parent was a Chinese national) by jus sanguinis.
http://en.wikipedia.org/wiki/Nationality_Law_of_the_People's_Republic_of_China#Dual_nationality
Click 'Dual nationality'!
Britain allows for a 'secret' birth registration, because they have some experience dealing with China. Other EU countries don't have such option. There are advantages and disadvantages to growing up as Chinese citizen in China. If they come to force my kids into China's "education" system, I might consider giving up my kids' Chinese nationality, just so the gov't has no say over their education. The fact is, you get different treatment by different local authorities all over the mainland, so the generalist advice you get here may not be the best course of action in your situation/location.
