Dual Citizenship

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  1. #1

    Join Date
    Dec 2004
    Posts
    1

    Dual Citizenship

    Hi,

    Would there be someone who can help me with the following issues!?

    I was born in HK before 97. I left HK to Australia for studies, after years of stay in Australia, i applied to migrate and now having Australian permanent residence. I am aware that I remain a Chinese citizen as i got my HKSAR passport in a visit back in 2003. Now I am about to decide if I should acquire Australia citizenship. Can some one suggest if I should or not as I am afraid of losing my chinese citizenship once I acquire foreign citizenship as stipulated in chinese nationality Law.

    Australia recognize dual citizenships, but China does not! While being a HK resident, I am well aware many are dual national before 1997. And NPC has ruled that their foreign nationality are not recognied until they deliberately declare so at immigration office. But there is a grey area however for period after 1997. Now is 2004 , I am considered a Chinese Citizen. If once I acquire Australia Citizen, do I automatically lose the Chinese one as suggested in the Law.

    Also, I have concern about the travel issue. In case I acquire Australian passport and upon entry I used my Australian passport to pass HKG custom,
    Does that mean I am considered an Australian citizen in my stay in HKG?
    What happened if I dun leave with in the visa free period, would I get extradicted? Also, does this act automatically translated to declaring renoucing Chinese citizenship?

    And if I wish to continue to be considered as HKG -Chinese citizen, all that I need is n't to pass HKG custom with my ID card instead of my Australia passport? In such, my Australia citizenship is transparent so long my stay in China's territory?

    Also, I have friends from PRC. They are people from other provinces.
    He comes from inner mongolia. He also similar to me have acquireed Australia PR and about to get Australia citizenship! Would he lose his Chinese Citizenship automatically upon his acqusition of Australia citizenship?

    Thanks alot!


  2. #2

    Join Date
    Apr 2003
    Posts
    12,384

    Um.. really not sure what your question is.

    If Chinese law prohibits dual citizenship, then well, there is no way around it, is there?


  3. #3

    Join Date
    Jul 2004
    Posts
    3,702

    I guess... There are two simple answers to your question
    (1) Legal:- As answered by KIA
    (2) Illegal:- Thousands of HK chinese residents have HK passports and hold Aus passport in their pocket. Which one to use where and when is simply a matter of common sense. Find out one of those guys and see how they do it practicaly


  4. #4

    Join Date
    Sep 2003
    Posts
    107

    Chinese law doesn't prohibit dual citizenship, it just states that the government doesn't recognise it, just as it doesn't recognise the fact that Taiwan is an independent country, even though it has been such since 1949. It then goes on to state that Chinese citizens who take another citizenship while settled abroad automatically lose it (unless they are HK passport holders in which case they have to declare the fact they have another citizenship in order to lose their Chinese nationality), and that foreigners who take it up have to give up their other citizenship(s), plus a couple of other things to do with children of Chinese parents born abroad. (Doesn't say anything about children of mixed Chinese-foreign parentage born in China though, which means they have Chinese citizenship as well as the foreign one).
    To answer our friend above, you need do nothing as you keep your Chinese citizenship unless you declare your new citizenship to HK Immigration on a specified form and pay a fee. HK and China will consider you as a HK Chinese citizen unless you do this, so you'll be free to have your Aussie and HK passports, plus your Home Return Permit etc.


  5. #5

    Join Date
    Sep 2003
    Posts
    107

    As for the people from other parts of China, I once met a Chinese citizen who had Chinese, Irish and US passports. I guess that he always renewed his Chinese passport in China (or at least while travelling abroad on his Chinese passport) and was clever about where he travelled and on what passport before entering China


  6. #6

    Join Date
    Dec 2004
    Location
    The Netherlands/Hong Kong/Shenzhen
    Posts
    24
    Quote Originally Posted by Roger:
    As for the people from other parts of China, I once met a Chinese citizen who had Chinese, Irish and US passports. I guess that he always renewed his Chinese passport in China (or at least while travelling abroad on his Chinese passport) and was clever about where he travelled and on what passport before entering China

    how did this guy managed to get out of china. without the appropriate visa for leaving china??????

  7. #7

    Join Date
    Sep 2003
    Posts
    107

    He didn't say, but if a Chinese passport holder has another country's visa in his passport and a ticket to that country, China will let him out.


  8. #8

    Join Date
    Oct 2005
    Posts
    109

    (A) ABOUT YOUR CITIZENSHIP STATUS (NARIB)

    1) Whether or not you lose your Chinese nationality by virtue of getting Australian citizenship depends on the provision of the Chinese nationality law

    2) China does not RECOGNISE dual nationality (the nationality law does not say Chinese citizens CANNOT have dual nationality)- it is possible in reality for some Chinese citizens to have dual nationality, yet China would ONLY RECOGNISE their Chinese nationality

    3) once you've gained your Australian citizenship under Australian law, the question remains as to WHETHER CHINA RECOGNISES WHAT YOU HAVE ACQUIRED IS FOREIGN CITIZNESHIP.
    Given that you are HK Chinese citizen- the Interpretation of the NPCSC applies:
    Your Australian citizenship gained under Australian law, would be considered, under Chinese law, as RIGHT OF ABODE IN AUSTRALIA (NOT CITIZENSHIP). This means you can remain a Chinese citizen.

    you can choose to declare a change of nationality (i.e. declare you are an Australian citizen, and that you no longer wish to remain a Chinese citizen) to the HK Immigration dept. you can apply directly to the Immigration Dept, or through Chinese consulates/embassies abroad.

    (B) About your friend from Inner mongolia:

    1) Since he is not HKSAR resident, the Interpretation of the nPCSC does not apply to him

    2) Once he has got Australian citizenship by settlement in Australia, China will recognise that he has gained foreign citizenship, and consequently, he would lose his Chinese nationality.

    ** The main question is whether CHINA CONSIDERS YOU HAVE GAINED FOREIGN CITIZENSHIP BY SETTLEMENT IN A FOREIGN COUNTRY (You can refer to Art 9 of the Chinese Nationality Law; or the relevant Article of the Law regarding automatic loss of CHinese nationality by virtue of settlement overseas and gaining foreign citizneship)