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Are my children potentially Chinese Citizens?

Are my children potentially Chinese Citizens?

Old Sep 17, 18, 11:03 am
  #1  
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Are my children potentially Chinese Citizens?

I stumbled on the thread dealing with 5-year visas (or residence permits), which led me to this link. https://www.scmp.com/news/china/soci...ou-qualify-new

One quotation from the link was: " According to China’s official definition, a foreigner of Chinese origin refers to a former Chinese citizen who has obtained foreign citizenship, or the offspring of present or former Chinese citizens."

My deceased wife was born in Wuhan and was a Chinese citizen for her whole life. I am an American citizen, By her I have a 17-year-old boy and a 13-year-old girl who were both born in the US. In stumbling on several articles, it appears that when my children turn 18, they have the right to apply for Chinese citizenship. I realize that China doesn't permit dual citizenship, and I they certainly wouldn't consider encouraging them to become Chinese citizens now, but if they do have the right to become Chinese citizens, it could give them interesting choices 20 years from now. (assuming that Chinese citizenship doesn't have to be claimed a short time after your 18th birthday.)

An interesting side light to this is that I and my children have the right to become dual citizens of Italy by virtue of my Italian grandfather.
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Old Sep 17, 18, 12:53 pm
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I seem to recall that this was touched on (citizenship) several years ago (starting at post 9 or so).
Any disadvantage of Italian Dual Citizenship for Children who are Half-Chinese by eth

Here is the link to the discussion about the 5-year visa for ethnic chinese:
New 5-year visa for ethnic Chinese?

Last edited by jerry a. laska; Sep 17, 18 at 12:59 pm
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Old Sep 17, 18, 1:17 pm
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According to the Chinese nationality law, a Chinese national can only pass on her nationality to their children born abroad if she has not "settled" there (usually interpreted for those in the US as having a green card) at the time of the child's birth OR the child does not obtain another jus soli nationality. (E.g. a Chinese couple give birth in Japan and the baby will be Chinese regardless of their residency status because the baby does not have Japanese nationality.)
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Old Sep 18, 18, 7:16 am
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Originally Posted by DaileyB View Post
I stumbled on the thread dealing with 5-year visas (or residence permits), which led me to this link. https://www.scmp.com/news/china/soci...ou-qualify-new

One quotation from the link was: " According to China’s official definition, a foreigner of Chinese origin refers to a former Chinese citizen who has obtained foreign citizenship, or the offspring of present or former Chinese citizens."

My deceased wife was born in Wuhan and was a Chinese citizen for her whole life. I am an American citizen, By her I have a 17-year-old boy and a 13-year-old girl who were both born in the US. In stumbling on several articles, it appears that when my children turn 18, they have the right to apply for Chinese citizenship. I realize that China doesn't permit dual citizenship, and I they certainly wouldn't consider encouraging them to become Chinese citizens now, but if they do have the right to become Chinese citizens, it could give them interesting choices 20 years from now. (assuming that Chinese citizenship doesn't have to be claimed a short time after your 18th birthday.)

An interesting side light to this is that I and my children have the right to become dual citizens of Italy by virtue of my Italian grandfather.
Did your wife have a US green card when she gave birth? If so then your children are not eligible for Chinese citizenship. If not then they would be eligible to receive Chinese Travel Documents under the current rules. However, I presume they have already applied for Chinese visas in the past. This would complicate things as the issuance of a Chinese visa may be construed as a ruling by the Chinese authority that the recipient has no claim to Chinese nationality. But it is a grey area so if you really care then you should talk to your local embassy/consulate.
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Old Sep 18, 18, 7:21 am
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BTW for minors China now essentially allows dual citizenship from birth with the caveat that they can only apply for the Chinese Travel Document as opposed to a proper passport. The former is valid for only two years instead of five. Also it can't be renewed from within China, where you'd have to apply for a one-off Exit/Entry Permit instead. Depending on their Chinese parent's place of residence they may or may not be able to get a hukou.
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Old Sep 18, 18, 9:06 pm
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Originally Posted by tauphi View Post
Did your wife have a US green card when she gave birth? If so then your children are not eligible for Chinese citizenship. If not then they would be eligible to receive Chinese Travel Documents under the current rules.
My wife (now deceased) did have a green card when my children were born. Seems like they are not eligible, which is OK and not surprising.
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