Nationality in China (accessible)

Question 1

Nationality laws

Accepted Answer

Chinese and British laws governing citizenship differ. This page sets out some issues for adults who hold or have held Chinese nationality in addition to British citizenship, and for children born in China. This is a complicated area and one where you must seek legal advice.

I have British and Chinese passports

Article 3 of The People’s Republic of China Nationality Law states that China does not recognize dual nationality so if you are British and Chinese you are likely to be regarded by the Chinese authorities as a Chinese citizen, even if you travel to China on a British passport. I which case we may only be able to provide you with a limited service, which could exclude assistance if you are detained, arrested or imprisoned, amongst other things. If you enter China on a Chinese passport we may not be able to help you if you have a problem.

Please note also that if you travel to China on your Chinese passport, the authorities may also require evidence in the passport that you can enter the UK (via a UK visa or Certificate of Entitlement to Right of Abode) when leaving China. Holding a British passport may not fulfil their requirements.

You must arrive and leave China on the same travel documents.

I have renounced Chinese citizenship

If you have formally renounced Chinese citizenship, we advise you to carry clear evidence that you have done so. If you still hold ‘Hukou’ (household registration) in China, you may be regarded as a Chinese citizen.

My child was born in China

When neither parent is a Chinese national

According to information provided by Chinese authorities, a child born in China to two foreign national parents is not eligible for Chinese nationality. However, you must do certain things:

your child must be registered with the local Public Security Bureau (PSB) within a limited time of his/her birth. Please consult your local PSB for details of the time limit
you should obtain a passport for your child as soon as possible
you must obtain a visa/residence permit from the Public Security Bureau Entry-Exit Division for your child as soon as possible. Please consult your local PSB for details of the time limit. According to Chinese visa regulations, your child cannot exit China until they obtain this visa/residence permit.

When one parent is a Chinese national

Article 4 states that any person born in China where one parent is a Chinese national shall have Chinese nationality so if your child is born in China and you or the other parent is Chinese, under Chinese nationality law:

your child will automatically assume Chinese citizenship
your child will be recognised only as a Chinese citizen and not hold any other nationality until you formally renounce the child’s Chinese citizenship

The UK government recognise dual nationality and you can apply for a British passport for your child at any time if he/she can claim British citizenship under UK nationality law: https://www.gov.uk/british-passport-eligibility (contact UK Visas and Immigration (UKVI) if you’re not sure whether your child has British nationality or not), but there are some things to consider.

Which nationality should I choose for my child?

We cannot offer advice on this question but there are three options:

retain British nationality (and renounce Chinese nationality)
retain Chinese nationality
keep both,

Note that British Passports can only be issued to British Citizens. Once a child becomes a British Citizen, it cannot be renounced until 18 years old. Parents cannot renounce British Citizenship on behalf of their children. Note that if you keep both nationalities your child may be unable to travel out of China, as you may be unable to obtain an exit visa from the Public Security Bureau in your child’s British Passport. Furthermore, you may not obtain a visa for the UK in a Chinese passport if your child also holds a British passport.

I want my child to be British

If you decide to retain British nationality for your child, you will have to apply to the Public Security Bureau to renounce your child’s Chinese citizenship. You may have to go to the Public Security Bureau in the Chinese parent’s ‘Hukou’ (household registration district) to do this: this process can take several months. Once the child’s Chinese citizenship is officially renounced, the local Public Security Bureau should recognise the child’s British nationality and passport, and issue a visa/residence permit for the child. The PSB in Beijing should also be able to issue a visa, regardless of parental ‘Hukou’.

I want my child to be Chinese

If you decide to retain Chinese nationality for your child and your child already holds a British passport, you can give it up by including a covering letter asking for the passport to be cancelled and sending the passport to:

Lost, Stolen & Recovered Team
HM Passport Office
Aragon Court
Northminster
Peterborough
PE1 1QG

This does not mean you are renouncing your child’s British nationality.

You can then apply to UK Visas and Immigration for a certificate of Entitlement to the Right of Abode for travel to the UK using your child’s Chinese passport. If you need a letter disclosing details regarding passport holders, you can request information under the Freedom of Information Act by submitting a Subject Access Request to HM Passport Office to get a letter to confirm that your child does not currently hold a British passport. Please visit HM Passport Office for further information and contact details. The British Embassy and Consulates in China cannot answer any queries on this subject or the application process.

Travelling while your child’s nationality is undetermined

If you need to travel out of China before your child’s nationality issue is resolved, you may apply to the Public Security Bureau in the Chinese parent’s ‘Hukou’ (household registration district) for an Exit and Entry Permit (出入境通行证 - Chu Ru Jing Tong Xing Zheng). We understand that this document is provided by the PSB as an interim option while nationality differences are to be resolved. It is at the discretion of your local Public Security Bureau whether your child will get a Single Exit Permit; a Single Exit and Entry Permit; or a Multiple Exit and Entry Permit.

For further details on this issue contact your local Public Security Bureau (PSB). PSB contact details for Beijing, Shanghai, Guangzhou are as follows:

Division of Exit and Entry Administration of Beijing Public Security Bureau

No.2 Andingmen Dongjie
Dongcheng District
Beijing

Tel: +86 (0)10 8402 0101

Office hours: Monday to Saturday 8:30am to 4:30pm.

Division of Exit and Entry Administration of Shanghai Public Security Bureau

No.1500 Minsheng Road
Pudong New District
Shanghai

Tel: +86 (0)21 12367

Office hours: Monday to Saturday 9:00am to 5:00pm.

Division of Exit and Entry Administration of Guangzhou Public Security Bureau

No.155 Jiefang South Road
Yuexiu District
Guangzhou

Tel: +86 (0)20 12367 (2 for English) or 12345 (press 3 for English)

Office hours: Monday to Friday 9am to 12pm, 1pm to 5pm, Saturday 9am to 12pm (except for public holidays)

Question 2

Useful links

Accepted Answer

If you need general advice when travelling abroad or want to know how the Embassy can help you if you have difficulties please see Support for British nationals: A guide. We also publish and regularly update foreign travel advice with key information for 225 countries and territories around the world. The British Embassy/Consulate-Generals provide guides on the following subjects:

Adoption in China

www.gov.uk/adoption-in-china - including details of who to talk to and documents you may need

Bereavement in China

www.gov.uk/government/publications/bereavement-in-china - including information on support available and action needed

Commercial disputes in China

https://www.gov.uk/commercial-disputes-in-china - advice for British nationals and UK companies in China doing business in China

Emergency Travel Document

https://www.gov.uk/emergency-travel-document

English speaking lawyers, translators and interpreters

https://www.gov.uk/government/publications/china-list-of-lawyers - list of English speaking lawyers and translators/interpreters in China

Foreign travel insurance

https://www.gov.uk/guidance/foreign-travel-insurance