China: Information on whether the Chinese government allows minor children born to Chinese citizens in Canada, who possess Canadian citizenship, to enter and reside in China, on whether or not the parents were returning voluntarily to China would affect this decision, on whether these children can acquire Chinese citizenship, and if so, on the procedures for them to acquire Chinese citizenship, particularly when one of the children is mentally disabled
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1995 |
| Citation / Document Symbol | CHN19301.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, China: Information on whether the Chinese government allows minor children born to Chinese citizens in Canada, who possess Canadian citizenship, to enter and reside in China, on whether or not the parents were returning voluntarily to China would affect this decision, on whether these children can acquire Chinese citizenship, and if so, on the procedures for them to acquire Chinese citizenship, particularly when one of the children is mentally disabled, 1 January 1995, CHN19301.E, available at: https://www.refworld.org/docid/3ae6ac5d9c.html [accessed 8 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to an official at the visa office of the Embassy of the People's Republic of China in Ottawa, minor children born in Canada to Chinese citizens, and who possess Canadian citizenship, can enter and reside in China regardless of whether or not their parents return to China voluntarily (12 Jan. 1995). The same official stated that under the Nationality Law of China, minor children born in Canada to Chinese citizens, and who have acquired Canadian citizenship, are considered to be Canadian citizens (ibid.).
The same visa official indicated that to enter in China, minor children born in Canada to Chinese nationals must apply for an entry visa at the nearest Embassy of the People's Republic of China or the office of one of its diplomatic representatives (ibid.). In order to acquire an entry visa to China, the applicant must submit a visa application form and his or her Canadian passport and pay a fee of Cdn$50 (ibid.). Although the DIRB is unable to corrobrate this information at the present time, the attached 31 October 1994 consular information sheet issued by the United States Department of State, which provides an American perspective on this issue might be of interest.
The visa official at the Embassy of the People's Republic of China indicated that to extend his or her stay in China, a minor possessing Canadian citizenship must apply for an extension of his or her visa at the public security bureau of the municipality or county where he or she resides (ibid.). If the public security bureau is satisfied that all of the documents are in order, the minor will be allowed temporary residence in China for up to six months (ibid.). Further information on this subject could not be obtained from this source.
Article 7 of the 1980 Nationality Law of the People's Republic of China states that
Aliens 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.
According to article 8 of the same law,
Any person who applies for naturalization in China 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.
With regard to the procedure for acquiring Chinese nationality, article 14 of the Nationality Law states that
Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the 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 of the same law states that
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 representatives and consular offices.
And according to article 16,
Applications for naturalizations 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.
The official at the visa office of the People's Republic of China indicated that an application to acquire Chinese nationality in China takes "a few months" to be processed (12 Jan. 1995). The official further stated that mentally disabled children are not subject to any special requirements (ibid.).
According to Professor T.C. Wang at the Lausanne University law faculty, the 1980 Law of Nationality does not set a minimum period of residence before a person can apply for Chinese nationality (1983, 10). With regard to what information must be submitted with the application form, the same source indicates that the applicant must provide information on his or her nationality, place of birth, domicile, names and date of birth, and his or her reason for applying (ibid.). The application form must be submitted with documents "to prove that all requirements for naturalization are satisfied" (ibid.). Wang notes that under the 1980 Law of Nationality, the Ministry of Public Security has the discretionary power to accept or reject an application for Chinese nationality (ibid., 11).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Embassy of the People's Republic of China, Ottawa. 12 January 1995. Telephone interview with visa official.
People's Republic of China. Nationality Law of the People's Republic of China. 10 September 1980. Copy sent to the DIRB by the Embassy of the People's Republic of China in Ottawa.
Wang, T.C. 1983. "Chine," Juris Classeur: Nationalité. Edited by Charles Closset and Michel J. Verwilghen. Paris: Editions Techniques.
Attachments
People's Republic of China. Nationality Law of the People's Republic of China. 10 September 1980. Copy sent to the DIRB by the Embassy of the People's Republic of China in Ottawa.
United States Department of State. 1 November 1994. "State Department Travel Information-China." (3 pages) (DIRB country file)
Wang, T.C. 1983. "Chine,".Juris Classeur: Nationalité. Edited by Charles Closset and Michel J. Verwilghen. Paris: Editions Techniques, pp. 1-17.
