Yet another visa question
 

This isn't about me, but rather about a friends friend (I got ask by him, if I know more about it, which I don't, that's why I've come here to ask)

He managed to aquire a EU passport* (legally, given he lives here long time, perfect language skills etc.), while not giving back his Chinese passport.

While this is, from what I know, absolutely OK for the european country he got the new passport, the Chinese system still does not allow to have a second nationality. Well, as we all know this might change in the next couple decades, and given that China will grow stronger he is very keen on keeping the Chinese nationality.

Now, he is planing on a trip to China and has some questions about the process.

Shall he apply for a Chinese visa for his EU passport? I assume the Chinese will always do a double-check for "chinese" looking pax if they handed in their chinese citizenship when someone does so? So, that would be a no-no then? Or do they not bother with it?

The other idea was he just travels to China showing his Chinese Passport at exit in the EU, which should let him out of EU without any problems, and at entry into China he can just go ahead with his Chinese passport.

But, for the return to EU, he would have to show a legal exit form, which would be only his EU passport, as his Chinese passport doesn't have a valid EU visa anymore since months (since he aquired EU passport)

So, what would the best way for him to solve this be? Anyone made some experience? Maybe is there a loophole travelling over HK or something? (Money is NOT really a big issue, of course the cheapest working solution would be best)


*=of course it's from one specific EU country, it just doesn't matter

The Americans I know in that situation show the US passport in the US, the Chinese passport in China. The other passport is shown to show that you have the right to enter the destination country as you don't have a visa for it.

A couple of years ago my wife had to show her old passport when getting a new Chinese visa as they wanted to make sure she didn't have a Chinese passport. (She's China-born.)

I think a Chinese visa is needed under the current rules. They check your id when you exit. If you do not exit with the id you came in with, you will be in big trouble.

The only way to get around this is to add a third country. (i.e. enter JP as EU, enter China as CN, leave China as CN and leave JP as EU, you will also need a JP visa on your Chinese passport)

BTW, he can probably only keep his Chinese passport for 5 yrs max, unless he keeps his Chinese id and renew his passport in China.

How would this work? You do not need to show ID to leave US. If you show Chinese passport to leave China you have to have a valid visa on it.

Show US passport to the airline and Chinese passport to the officials. I have a friend who does this drill ~10x per year, though with a HK ID (instead of a PRC passport). One time, an official caught a glimpse of his US passport, and deported him to HK immediately. He returned the next day, but told me it wasn't a pleasant experience.

With Chinese passport, entry is not a problem. Exit is. You need something to exit and it must have an entry stamp on it. With HK id I assume it's much easier.

Show both passports.

Huh? I thought China didn't care about this.

Two things will happen if you do that at the exit:

1. You will be detained, and made to pay the penalty for lack of proper visa for your stay.

2. You will be asked to go back to your local police and surrender your passport and any residency id, before you can leave China.

I'm not so sure about that. My hunch that reason so many people are able to play this game is because the airlines that issue BPs are responsible for verifying foreign documents, not the exit officials (after all, there are a handful of countries that PRC nationals can travel to without visas,... and there are cases of standalone visas and invitations that are not affixed to passports, visa on arrival, etc).

Thanks for all the information guys ^

He will not try this then, but rather get a correct visa into his EU passport.

Which leaves me (or better him :p ) with the question if the consulate handing out the Visas will actually double-check with Chinese central register (is there any?) if he's Chinese national?

He told me he won't have problems in getting a new Chinese passport in China itself. (Asked him about this, as mntblue suggested to take care about it.) Probably he knows someone there :rolleyes:

There is no need for a central registry.

In most passports there's information about birth place. If the passport says that the birth place is China, and there is no Chinese visa on the passport, one will be asked to show his/her old Chinese passport. This is how they enforce it in the Chinese consulates in US.

When my wife hit that situation they wanted the old US passport with Chinese visas.

He's no longer a Chinese citizen since China does not recognize dual-citizenship, and citizenship is automatically revoked when a Chinese becomes a citizen of another country.

I wonder how he would be able to renew his Chinese passport when it expires. IME almost all Chinese consulates require proof of legal status in the host country for renewing passport.

Theoretically you are right. In practice he can travel back to China, conceal his EU citizenship and get the passport renewed through some connections.

Lots of oversea Chinese double-dip like this.

Chinese Passport
 

I believe your friend will be in trouble when exiting China since he could NOT prove that he was legally admitted into China using EU passport. At that time, if and when your friend shows his Chinese passport as well as the EU passport, his Chinese passport will be confiscated for sure.

It is NOT wise to play this kind of the game in my opinion.

I don't buy this argument because people with Chinese passports don't need to prove they've been admitted to China.

I think the point is, should the Chinese authorities find out about his EU citizenship while he is in China, he could be detained for entering the country without a visa and get into major trouble. Having a passport isn't the same as having a citizenship. I don't know how exactly this is handled in China, but if the Chinese citizenship is automatically lost when aquiring another citizenship, it means he was no longer a citizen when entering China - regardless whether his passport was still in his possession.

Of course, if he is lucky, it will probably work. But there is a risk involved.

Yes, the airlines want to make sure that you are not returned on their dime.
So once they issue a boarding pass exit officials just verify identity.

I thought overseas Chinese are ethnic Chinese who don't have direct ties to the PRC (or the RoC/Taiwan).

I still fail to compute any of the luck/risk at stake, assuming the actor isn't stupid enough to produce both documents at the same time. In other words, the exit guy isn't empowered to perform any crazy searches; show him the Chinese passport and move on.

The more I've thought about the OP's friend's case (during the evolution of this thread), the more I've come around to the idea that the original plan is/was solid.

As part of the airline contract with the government , the airline bares all the financial liabilities associated with denied entry to a foreign country.

13.3 Refusal of Entry

If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

13.4 Passenger Responsible for Fines, Detention Costs, Etc.

If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred.

OP wants to enter mainland China with PRC passport and leave with EU passport. The risk is that exit control will check his entry stamp on the EU passport. No entry stamp no exit.

If the OP uses his PRC passport to exit, he needs a valid visa. (Yes there are a few countries mainland Chinese can go without visa, but somehow the exit control guys don't seem to care)

I'm not familiar with the rules governing HK/TW id. I assume it's much easier as you basically have dual citizenship with two entities other than PRC.

Again, the concept is to show the airline the foreign passport and the exit official the PRC passport.

Chinese Passport
 

I would suggest that if your truly believe that your friend's method is sound and workable. He should then proceed with it and report back to this back here after he returns back to EU.

Good luck to him...

Not my friend, the OP's. In any event, the fact that many people work it on a regular basis (including my own best friend, albeit with HKID) suggests that it's tried and true.

One hitch could be that some airlines have started printing the passport number on the boarding pass.