| US or PRC Citizenship for baby? | |
|---|---|
| Nov 15, 2008 19:25 |   |
 | I am married to a Nantong girl; and, we are having a baby in the New Year. Apparently, I can register the birth at the Shanghai Consulate for US citizenship or register it with the PRC for Chinese citizenship. We plan to live in China for a few years, at least. After that, we are unsure--we might return to the US. So, what are the practical advantages and disadvantages of registering the newborn as a US or a PRC citizen? (school, costs, papers, travel and immigration visas, ???) Anyone have experiences to share? Thanks for your help! |
| Nov 16, 2008 11:38 | #1 |
| If you plan to return to the US then I would think that you should ensure that your children are US citizens. It will be a whole lot easier in the future for your child if she/he holds a foreign passport. Just means you will have to apply for visa but you may also be able to acquire dual citizenship. You should make inquiries at the US consulate and with Chinese Authorities well in advance so that you are well informed of your choices and the pros/cons of each |
| Nov 16, 2008 22:09 | #2 |
| Why not register at both? The question that comes to mind is what are the respective laws behind citizenship in each country? If the child has a right to be a US citizen (or Chinese) because of parentage, I am not sure that registering is the main issue, I would guess that simply ensures the status as born in China on a certain date of certain parents, rather than citizenship itself. |
| Nov 16, 2008 22:50 | #3 |
| My understanding is that neither country allows dual nationality. A friend of mines wife recently gave birth. He had the birth registered at the UK consulate and had the little blokes passport in two days. I know what option I’d be taking. Dodger. |
| Nov 17, 2008 07:38 | #4 |
| America does allow dual citizenship. However, if the baby is registered as Chinese, then bringing the child to the US can become very expensive and burdensome with the USCIS and Homeland security, with forms, filing fees and long waits for consulate meetings. |
| Nov 17, 2008 22:28 | #5 |
| Jerry, a Mr. Murdock, an Australian had to relinquish his Australian citizenship to be able to take out American nationality some time ago. Have the rules been changed? Cheers, Dodger. |
| Nov 19, 2008 06:37 | #6 |
| Dodger, if I remember correctly, Murdoch had to given up his Aussie citizenship in order to comply with media ownership laws. CAN YOU imagine it...???? Give up being an Aussie a? UNBELIEVABLE!! And...to become a Septic!!! Strewth, the lure of $$$$$$!! If it is actually possible to register with both nations...do it! Worry about the niceties later!! |
| Nov 23, 2008 11:39 | #7 |
| GUEST92228 | The US rules are somewhat confusing. First, it's correct that the US does not have a prohibition on dual nationality. A US citizen can hold other citizenships without risking loss of his US citizenship. In particular, a person who is born with both US citizenship and another citizenship is free to keep and make use of both citizenships, from the point of view of the US. Such a person is treated by the US the same as any other person who holds US citizenship alone. For example, he or she must enter the US on a US passport, even if eligible to also hold a foreign passport, because US law requires US citizens to enter the US on a US |
| Dec 3, 2008 18:36 | #8 |
| The baby will be a US citizen when born due to you are the father. Now this is very important, when receiving the birth certificate have the hospital add the english name one the it. They may have to hand write it in and tell you they cannot do it, but they can. (I am sure you know the drill). The is no hurry to do the next steps if you are planning on staying in china for some time. Since the baby was born in China with a chinese national, it is regarding as a chinese citizen. Her is where it gets tricky depending on your aim. The Chinese do not recognise dual citizenship but the US does. I think the ideal position is for child is to have the Chinese Hokou (spelling?) and be in china as a US citizen. So in theory the baby would have all benifits of a chinese national and still be protected by us law. It could have the best of both worlds. It is much easier said then done as well as it my take some luck. So perhaps these are the steps you may want to take. Use the attached form on the birth certificate for a chinese passport and Hokou. Then apply for the US passport and request a performa visa for the baby's chinese passport so it can leave the country. When in the US, get a chinese visa for the US passport and reenter China with the US passport and add a chinese resident's permit to the US passport. Please let me know if you have any questions and how your experience was at the birth. :) |
| Dec 7, 2008 04:29 | #9 |
| Well explained, Entriprenneur: thatw as what I thought might be possible but without knowing the reulations. The basic point then, is that a US parent provides US citizenship, and that is something that cannot be taken away by a foreign government or its regulations. Right? I guess logically, if the Chinese understand this, and as their own rules forbid dual citizenship, then they should never register a child of mixed Chinese /US (or many other countries) parentage as a Chinese citizen. As a point of interest and understanding: if two foreign nationals have a child in China, can they register the birth with the Chinese authorities? Or are they expected to register at their own embassy/consulate? Actuallly, this is really an international question: where do foreigners register births? Is there an international arrangement? |
| Apr 13, 2009 05:13 | #10 |
| I just came across the following re children born in China to foreign parents and hope it might be useful. The Chinese side would apply to most foreign nationals No doubt there are special regulations for HK, Macau, and Taiwan residents. Your child will need to obtain a visa/permit [for the child to remain in China]. The [Australian] Embassy provides a letter when issuing passports to facilitate visa processing. According to Chinese visa regulations, foreign babies cannot exit China until they obtain a one-time Exit Visa/Permit. NOTE: Chinese and Australian laws governing citizenship differ. Pursuant to Section 10B of the Australian Citizenship Act, 1948 Australian Citizenship by descent may be acquired by a person born outside Australia who is the natural child of an Australian parent. However, Article 3 of The People’s Republic of China Nationality Law does not recognise dual nationality. And Article 4 of The People’s Republic of China Nationality Law states that any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. This may mean a child born to a Chinese national, regardless of their partner’s nationality, will automatically acquire Chinese citizenship and may experience problems when applying for a Chinese exit visa at some local Public Security Entry and Exit Bureaus because the Chinese government does not recognise their Australian citizenship (even though Australia does). In some cities, the Municipal Public Security Entry and Exit Bureau issue a one-time exit permit to assist the child to leave the country. But the local public security entry and exit bureau in many other cities do not offer such service. In order to legally leave the country, the parents will have to apply with the local public security authorities to renounce the Chinese citizenship for the child. The process can take more than three months. Once the child's Chinese citizenship is officially forsaken, the local public security entry and exit bureau will recognise the child's Australian passport and issue an exit visa for the child. |
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