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Chinese Nationality? Foreign-born

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  1. #11

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    Jun 2013
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    Quote Originally Posted by appleapple:
    I may contact HK immd with this one, however I have got a feeling that they will only give me a rehash of what Article 5 is and not give me any definite answers that apply to my situation.
    Yes I think this is exactly what will happen. ImmD does not give any specific answers unless it relates to an existing application.

    In your scenario, if you claim that your Vietnamese-born child has not "acquire a foreign nationality", HK ImmD will likely ask for official document/letter from the Vietnamese government and Australian embassy stating that he had not acquired their respective nationality, or have the Vietnamese/Australia passport application rejected.

  2. #12

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    Google user hairballs guide to roa/rtl, probably child can live with RTL

    imparanoic likes this.

  3. #13

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    The RoA downgrade to RTL route is for children of HKers born before1997. Since then, if born overseas, one is either born with Chinese nationality and will have HK RoA for life, or otherwise, will have no immigration status in HK and has to live in HK is on a dependent visa, and gain ROA after 7 years as a non Chinese citizen.

    Last edited by kma88; 07-11-2015 at 10:51 AM.
    dossier and Morrison like this.

  4. #14

    What is your purpose to give birth in Vietnam? To get Vietnamese nationality? You should check if Vietnam allows dual nationality or not. If Vietnam goverment knows the baby has other nationalities, the baby maybe denied Vietnamese nationality by Vietnam. Check carefully how Vietnam do things there.

    What passports will the baby be using to leave Vietnam and enter HK or Australia??? This is another important issue for you. Maybe quite troublesome.

    If you give birth in HK or Australia, it will be much more simple. The governments use English. The child will be eligible to apply a HKSAR or Australian passport right after birth.

    For your case, I don't think both of you are considered settled in Vietnam. But maybe considered settled in Australia. Your child is an Australian at birth even if he or she is not born in Australia.

    Now, if Vietnam does not allow dual nationality, your wife is actually not a current Vietnamese national, she may not know it.


  5. #15

    Give birth in Vietnam??
    Level of medical care in Vietnam are not as good as HK and Australia.

    Quote Originally Posted by wtbhotia:
    Just have the baby in HK why so much headache, think for the babies future where he/she will have HKID / SAR passport / Home return permit / Aussie passport / Dont think Vietnamese Passport is worth having to be honest for travelling purpose.

  6. #16

    A Vietnamese normally lose his or her Vietnamese citizenship when he or she volutarily accquire another nationality. If your wife was born a Vietnamese citizen and later accquired Australian citizenship, her Vietnamese citizenship can be cancelled by the Vietnamese government according to Vietnamese laws. Any descedent's Vietnamese citizenship is subsequently cancelled as well.

    Vietnam has compulsory conscription for male citizens, this can lead to some problems later on if the child is a boy.

    Vietnamese passport holders cannot visit HK or Australia visa-free. Applying a visa is troublesome as some Vietnamese still smuggle from Shenzhen to HK illegally every month. Some Vietnamese come to HK to and try to stay by claiming aslyum as political refugees. Law enforcement in HK pay special attention checking on Vietnamese, South Asians and Africans.

    Quote Originally Posted by imparanoic:
    In other words, best of both worlds, and more importantly, no hassle for kid, while owing a Vietnamese passport will cause head ache for the kid in future
    Last edited by QueensHKG; 10-11-2015 at 03:06 PM.

  7. #17

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    I would be interested to know if anyone on geoexpat has either been (or has had their own child who has been) born abroad (outside of Chinese territory - i.e. not the PRC, HKSAR, MSAR or Taiwan), and has been deemed to be a Chinese Citizen under Chinese Nationality Law Article 5 on the grounds that their parent (or parents) were not settled abroad at the time of their birth, nothwithstanding the fact that they (or the child) obtained foreign nationality at birth.

    I ask as clearly most of the geoexpat posts relate to those who were denied Chinese Citizenship and ROA on the grounds of CNL 5 "settled abroad", and it would be interesting to hear cases where it actually did work and they were granted Chinese Citizenship.


  8. #18

    to the OP i'm in a similar situation nationality-wise and we decided to have the baby in HK (even though it is much more expensive). As far as all the research I did your child can't get Chinese Nationality otherwise. HK ID isn't an issue if you're born overseas, but Chinese Nationality / Home Return Permit you need to be born in China (incl HK/Macau ,etc)


  9. #19

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    Quote Originally Posted by twelve98:
    to the OP i'm in a similar situation nationality-wise and we decided to have the baby in HK (even though it is much more expensive). As far as all the research I did your child can't get Chinese Nationality otherwise. HK ID isn't an issue if you're born overseas, but Chinese Nationality / Home Return Permit you need to be born in China (incl HK/Macau ,etc)
    It really comes down to the Chinese parent(s) visa status in the child's birth country OR,
    whether Child acq, foreign nat by birth if both parents settled abroad.
    Last edited by Morrison; 09-12-2015 at 04:24 PM.

  10. #20

    Further to my original post, I found this interesting notice on the website of the Chinese embassy in Hanoi.

    中国公民与越南公民的婚生子女加入 国籍、申领中国护照须知

    It is only available in Chinese, but it lists the procedures on how to obtain Chinese nationality for children born to a Chinese and a Vietnamese parent, as in my case. It also confirms my understanding as mentioned in my original post, that due to the particularities in the Vietnamese Nationality Law, children born to a Vietnamese and a non-Vietnamese parent will not acquire Vietnamese Nationality automatically upon birth. The parents can choose the nationality for the child. However, it is also noted on the notice that if the parents choose Vietnamese nationality for the child, the child will not be entitled to Chinese nationality.

    I guess the only remaining concern I have is would HK immigration department interpret things the same way as Chinese embassy in Hanoi? I know that the notice on Chinese embassy in Hanoi is directed more to Mainland residents instead of HK residents holding Chinese nationality, so I am not 100% sure if I can utilise the procedures on this notice and apply for Chinese nationality for my child with HK immigration department.