Originally Posted by
jamar
In my case this is my first time finding out I might be nationality-conflicted, but both parents EDIT: were mainlanders at the time (now naturalized US citizens) so no HKPR. I'm wondering why it's only the US that has the additional "both parents have to have permanent residence" requirement (this is what might get me the CTD- my parents moved to the US the year I was born, so no permanent status for either at the time) to avoid nationality conflict, then, given your reply in the Reddit post. Seems like I have to decide whether to get a CTD instead of a visa next time or formally give up citizenship.
The permanent residency of the parent affects the nationality of the child because of the Nationality Law of China. Article 5 states that:
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.
The word settled refers to having obtained indefinite leave to remain, which in the case of the USA is taken to mean permanent residency. However, there is disagreement in the case of two Chinese parents where only one holds permanent residency. China interprets the law such that in this case, the child has no Chinese nationality, while Hong Kong interprets it differently and considers the child to be a Chinese national. The Hong Kong interpretation kicks in when the child interacts with the Hong Kong government, e.g., because one of the parents is a resident of Hong Kong, or if the child becomes a resident of Hong Kong later in life.