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Thread: US or PRC Citizenship for baby?
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[quote=APAULT,364114]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. [/quote]
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