Overseas Born Chinese returning to China

Discussion in 'Chinese Chat' started by deliriouslybored, May 10, 2007.

  1. How far true is this:

    Through the grapevines, i heard that any overseas born chinese can opt to go back to China, and will automatically be granted citizenship there.

    Have tried googling it, but seemingly, you end up with more pages on how to opt out of Chinese citizenship, rather than to get one. :p

    How are you going to prove that your ancestors are from China anyway? Especially if you are a 2nd or 3rd generation OBC - and your grandparents / greatgrandparents have long passed away?

    And how do you tell from what region of China you are from - especially if your parents themselves have no idea too.
     
  2. hiake

    hiake Vardøgr of da E.Twin

    I don't know, but then personally I wouldn't really want a Chinese citizenship. No dual citizenship and it is not very travel-friendly @_@b
     
  3. dim8sum

    dim8sum ♫♪♫♪♫♪♫♪♫♪♫♪....

    ^ no dual citizenship?? are you not allowed???

    Im Chinese nationality (hong kong SAR) and British national -shrug
     
  4. hiake

    hiake Vardøgr of da E.Twin

    Yeah, but not CHINESE Chinese. They don't allow dual citizenship if you are not a SAR citizenship holder :p
     
  5. Hmm...not that I actually plan to go back to China.

    Was just wondering, since being an OBC, despite being born overseas, some still deem you a foreigner in that country.

    [In certain countries, even though in theory, we are all citizens, the real nationals - non-immigrant, get certain rights/ benefits the immigrants (OBC) do not get]

    And yet, even if you were to go to China, they too deem you a foreigner, with the non-china chinese accented mandarin a big giveaway you are not a local.
     
  6. hiake

    hiake Vardøgr of da E.Twin

    Of course, they are very cliqued... China. Different region has different accent/tongue...

    And I don't know, I would love to keep my dual citizenship just so I can get most of the world covered without the bothersome visa :p
     
  7. hannah666

    hannah666 Well-Known Member

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    im chinese but i wont want to have a citizenship in china anyway
     
  8. wind2000

    wind2000 Self Schemata

    Dont know about China, but for Jewish ppl, you can definitely do it.
     
  9. dim8sum

    dim8sum ♫♪♫♪♫♪♫♪♫♪♫♪....

    ic ic
     
  10. brown_bear

    brown_bear ☆‧° ☆﹒﹒‧ ☆ ﹒﹒‧☆‧° ☆

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    wow tong tong dual nationality thats so cool
     
  11. Arctic_fire

    Arctic_fire Well-Known Member

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    just marry a chinese.. and u will get it ..
     
  12. dim8sum

    dim8sum ♫♪♫♪♫♪♫♪♫♪♫♪....

    lol yep 2 passports too -lol
     
  13. Vinnie_boy

    Vinnie_boy Well-Known Member

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    i dunno but when you say chinese citizenship what do you mean??
     
  14. dim8sum

    dim8sum ♫♪♫♪♫♪♫♪♫♪♫♪....

    ^ as in be a chinese citizen

    maybe you have to show birth cerificates, anything that shows ancestory in china i guess
     
  15. Vinnie_boy

    Vinnie_boy Well-Known Member

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    ^ = = ok u jst repeated what i asked lol its like me asking what is maths? n u reply its mathematics lol.
     
  16. pirvee

    pirvee Well-Known Member

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    If you are born overseas, then there is little chance u will have chinese nationality. China doesn't allow/recognise dual nationality for its citizens, if u have chinese nationality and acquire a foreign nationality, u will automatically lose your chinese citizenship. (See article 5 and article 9 of the CHN Nationality law)

    But for HK and Macao...there is an exception for those people who already held foreign passports before the handover....they are allowed to continue to hold foreign passports. So there are HK peeps who hold british passport and HKSAR (chinese) passports at the same time.

    For more information, some chinese laws:
    Nationality law of China (http://www.immd.gov.hk/ehtml/chnnationality_1.htm)

    Nationality Law of the People's Republic of China
    (Adopted at the Third Session of the Fifth National People's Congress, promulgated by Order No. 8 of the Chairman of the Standing Committee of the National People's Congress and effective as of September 10, 1980)
    Article 1 This law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.

    Article 2 The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.

    Article 3 The People's Republic of China does not recognize dual nationality for any Chinese national.

    Article 4 Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.

    Article 5 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.

    Article 6 Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.

    Article 7 Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:

    (1) they are near relatives of Chinese nationals;

    (2) they have settled in China; or

    (3) they have other legitimate reasons.

    Article 8 Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.

    Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

    Article 10 Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:

    (1) they are near relatives of foreign nationals;

    (2) they have settled abroad; or

    (3) they have other legitimate reasons.

    Article 11 Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.

    Article 12 State functionaries and military personnel on active service shall not renounce Chinese nationality.

    Article 13 Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.

    Article 14 Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.

    Article 15 Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.

    Article 16 Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.

    Article 17 The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.

    Article 18 This Law shall come into force as of the date of its promulgation.

    Remarks : Concerning the questions of the implementation of this Law in the Hong Kong Special Administrative Region, the Standing Committee of the National People's Congress has made certain explanations. Please refer to the 'Explanations of some questions by the Standing Committee of the National People's Congress concerning the implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region' adopted by the Standing Committee of the National People's Congress on 15 May 1996.

    Incorporating the exception for HK and Macao in nationality law (http://www.immd.gov.hk/ehtml/chnnationality_2.htm)

    Explanations of some questions by the Standing Committee of the National People's Congress concerning the implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region
    (Adopted at the Nineteenth Session of the Standing Committee of the Eighth National People's Congress on 15 May 1996)
    According to Article 18 of and Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Nationality Law of the People's Republic of China shall be applied in the Hong Kong Special Administrative Region from 1 July 1997. Taking account of the historical background and the existing circumstances of Hong Kong, the Standing Committee gives the following explanations concerning the implementation in the Hong Kong Special Administrative Region of the Nationality Law of the People's Republic of China-
    Where a Hong Kong resident is of Chinese descent and was born in the Chinese territories (including Hong Kong), or where a person satisfies the criteria laid down in the Nationality Law of the People's Republic of China for having Chinese nationality, he is a Chinese national.
    All Hong Kong Chinese compatriots are Chinese nationals, whether or not they are holders of the "British Dependent Territories Citizens passport" or "British Nationals (Overseas) passport". With effect from 1 July 1997, Chinese nationals mentioned above may, for the purpose of travelling to other countries and territories, continue to use the valid travel documents issued by the Government of the United Kingdom. However, they shall not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned British travel documents.
    According to the Nationality Law of the People's Republic of China, the British Citizenship acquired by Chinese nationals in Hong Kong through the "British Nationality Selection Scheme" will not be recognised. They are still Chinese nationals and will not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China.
    Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned documents.
    If there is a change in the nationality of a Chinese national of the Hong Kong Special Administrative Region, he may, with valid documents in support, make a declaration at the authority of the Hong Kong Special Administrative Region responsible for nationality applications.
    The Government of the Hong Kong Special Administrative Region is authorised to designate its Immigration Department as the authority of the Hong Kong Special Administrative Region responsible for nationality applications. The Immigration Department of the Hong Kong Special Administrative Region shall handle all nationality applications in accordance with the Nationality Law of the People's Republic of China and the foregoing provisions.

    Note: The English translation text is prepared by Department of Justice, Government of the Hong Kong Special Administrative Region. It is for reference purposes and has no legislative effect.
     
  17. thanks!

    So basically, the news that OBC (2nd generation and above) can return to China and will be granted citizenship is a myth.
     
  18. dim8sum

    dim8sum ♫♪♫♪♫♪♫♪♫♪♫♪....

    lol cause its hard to explain it anyother way :)

    just like being a british citizen, you become a chinese citizen

    a "Citizenship is membership in a political community (originally a city but now usually a state), and carries with it rights to political participation; a person having such membership is a citizen"
     
  19. brown_bear

    brown_bear ☆‧° ☆﹒﹒‧ ☆ ﹒﹒‧☆‧° ☆

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    wow 2 passports -ohmy even my rents only have the HK ID card even if they were born there though -what? what colour is the HK passport? is it black? so dont ya use the ID card? whats the point in having the HK passport?
     
  20. dim8sum

    dim8sum ♫♪♫♪♫♪♫♪♫♪♫♪....

    Hk passport is like navy blue

    Basically i always use my ID card getting in and out of HK (basically around HK immigration), i dont really use my hk passport cause when i travel to other countries i use my british one cause its more convenient. But i did use my hk passport to go japan, cause you dont need a visa with hk passport