Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Legislation

The Nationality Law of the People's Republic of China of 1980, as provided by the website of the government of the Hong Kong Special Administrative Region (HKSAR)'s Immigration Department, provides the following:

Article 1: This law is applicable to the acquisition, loss and restoration of nationality of the People’s Republic of China.

…

Article 3: The People’s Republic of China does not recognise dual nationality for any Chinese national.

…

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

…

Article 13: Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons [1]; 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 naturalisation 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.

… (China 1980)

An English-language copy of the Nationality Law of the People's Republic of China is attached to this Response (Attachment 1).

2. Requirements and Procedures for Restoration of Chinese Nationality

According to the website of the Overseas Chinese Affairs Office of the State Council, a foreigner may apply to restore their Chinese nationality if they meet one of the following conditions:

[translation]

1. [Being a] close relative of a Chinese citizen;
2. Having settled down in China;
3. With other legitimate reasons.

Once a person is approved to have or restore his/her Chinese nationality, the person cannot keep his/her foreign citizenship. Authorities accepting the application are local municipal or county public security bureaus in China or the Chinese diplomatic missions and consular authorities outside China.

The Ministry of Public Security is responsible for the review and approval of applications to have or restore the Chinese nationality. We suggest that you consult Exit-Entry Administration Office of Shanghai Public Security Bureau for specific conditions and requirements for restoration of the Chinese nationality. (China 27 Nov. 2017)

Similarly, in correspondence with the Research Directorate, a lecturer at the University of the South Pacific, whose research interests include Chinese immigration and refugee law, and who has also worked as a lawyer in Shanghai, indicated that applications for restoration of Chinese nationality "are to be submitted to the Exit-Entry Bureau (under the Public Security Bureau, PSB) at the place of the applicant's hukou [2] registration" or at a Chinese embassy if the application is submitted from abroad (Lecturer 4 Feb. 2019). The same source added that

[t]he Ministry of Public Security is the competent authority to approve application[s] for restoration of Chinese nationality. The Guangdong government's website states that applications submitted in Guangdong will be forwarded to the Ministry of Public Security within 55 days but there is no timeframe for the Ministry's processing of such applications. (Lecturer 8 Feb. 2019)

The same source indicated, based on an article published by Chinese newspaper People's Daily, that former Chinese nationals who apply for restoration of Chinese nationality must have "'reasonable grounds'," which include "returning to China for permanent settlement and being a close relative to Chinese nationals" (Lecturer 4 Feb. 2019). The Lecturer noted that the requirements "may vary from place to place" (Lecturer 4 Feb. 2019). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The website of the Guangzhou Municipal PSB provides the following information regarding requirements and procedures to restore Chinese nationality:

[translation]

Eligibility requirements

Foreigners who once had Chinese nationality and abode by the Constitution and laws of the People's Republic of China (applications submitted by those who have obtained their foreign nationality by illegal means or are holding foreign passports illegally will not be accepted).

Documents required (three copies of each document)

1. Fill in the "Application for Restoration of Nationality of the People's Republic of China," 3 copies of the form; applicants under the age of 18 should provide signatures of both parents or the signature of his/her legal guardian (signature is required on both the inside and outside pages);
2. 4 digital photos for the exit-entry identification of Guangdong Province and also the verification receipt for the photo;
3. A written report on the application (the content of which should include the following: working experience in China, dates of emigration and obtaining the foreign citizenship, reasons for nationality restoration, detailed life experiences abroad after leaving China and reasons for applying to restore the Chinese nationality, and please specify "the applicant is applying out of his/her own free will to restore the Chinese nationality and will renounce the foreign citizenship");
4. Photocopies of the foreign passport and valid Chinese visa (the originals will be required for checking);
5. Certification of citizenship in the residence country translated by a Chinese notary public office;
6. "Foreigners' Temporary Residence Registration Form";
7. Proof of previous Guangzhou household registration cancellation;
8. Photocopy of the household register and Resident Identification Card of the relatives in China (Guangzhou) and also photocopy of the family relationship certification (the originals will be required for checking);
9. The applicant must provide the following: 1. Proof of income source (photocopies of bank account statements showing retirement plan, pension, social insurance, etc. are acceptable (an updated detailed statement for about six months before submitting the application), or certificate of deposit for a term deposit of 100 thousand yuan for over 6 months (the photocopies will be accepted after checking against the originals); 2. Real estate property in Guangzhou. (If the above income source and real estate property are in the sole ownership of the applicant’s spouse, no notarization or guarantee is required.)
10. Certificate of demission issued by the previous employee is required, if the applicant was employed before leaving China;
11. First page of the Chinese passport held by the applicant before obtaining the foreign nationality;
12. Other written materials deemed necessary by the public security authority.

Points for attention

1. Certification of marital status, birth certificate, family relation certification, citizenship certificate and certification of name and other information changes issued by foreign institutions must be authenticated by the Chinese embassy or consulate in the residence country and also translated into Chinese by a notary public office in China;
2. If the applicant is a Chinese with foreign citizenship, who has changed his/her name after obtaining the foreign citizenship and his/her English name is not the transliteration of his/her Chinese name, the name change must be notarized;
3. If any certification documents are in a foreign language, such documents should be translated into Chinese by a notary public office.

Standard fees

1. The processing fee is 50 RMB yuan [approximately C$10] (calculated per person) and it should be paid at the time of application acceptance;
2. The fee for [the] nationality certificate is charged per person, in an amount of 200 RMB yuan [approximately C$39] per person.

Processing time

When all the application materials are submitted, it will be submitted to the Ministry of Public Security for review and approval within 55 business days. (55 business days is the time limit for the materials to be submitted to the Ministry of Public Security and it is not the time limit for the final approval. The time limit for review and approval is subject to the final reply from the Ministry of Public Security. The Ministry of Public Security does not specify the time for final reply.) (China 23 Jan. 2018)

The website of the municipal government of Shenyang [in the province of Liaoning] provides the following information on requirements and procedures to restore Chinese nationality:

1. Application Requirements:
   …
   iii. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons.
2. Legal Ground
   Nationality Law of the People's Republic of China
3. Required Documents
   
   1. Application Form:
      ...
      2. Those who wish to restore Chinese nationality must fill out the Application Form for Restoration of Chinese Nationality.
      …
      The above-mentioned application form must be submitted in triplicate, each with a 2-inch bare-headed full-faced color photo of the applicant on it. An additional photo (the same one) must be provided for the certificate to be issued. The application form must be completely, correctly and faithfully filled [out] by the applicant with clear handwriting in ink. (Children and individuals unable to write can have others fill out the form on their behalf. In this case, the substitute must sign in the place indicated "Signature of the Substitute" in addition to the applicant’s personal seal or fingerprint in the place indicated "Signature of the Applicant".)
   2. The applicant must, in the application form, explicitly declare to voluntarily give up his/her original nationality upon approval of his/her application for [n]aturalization as a Chinese national (or restoration of Chinese nationality or renunciation of Chinese nationality[)].
   3. Required Documents
      
      1. For an applicant who wishes to acquire or restore Chinese nationality, the following documents are required:
         
         1. Photocopy of a foreign passport or travel documents;
         2. Photocopy of Foreigner Permanent Residence Certificate;
         3. Photocopy of Status-of-Residence Identification Form;
         4. Documents that can prove the applicant once held Chinese nationality, if the applicant is apply[ing] to restore Chinese nationality;
         5. Documents that can prove the applicant was born with a foreign nationality if one or both of the applicant's parents is/are Chinese nationals;
         6. Other materials considered relevant by the authority handling the application.
            …
4. Processing of Applications
   Applications shall first be handled by the Municipal [PSB], then examined and verified by the Provincial Public Security Department, and finally examined by the Ministry of Public Security. The Ministry of Public Security shall issue a certificate to any applicant whose application has been approved.
5. Application Fees
   The charge for each single application is RMB 50 yuan, whether it be for naturalization as Chinese nationals or for restoration or renunciation of Chinese nationality.
   The charge for the Chinese nationality certificate is RMB 200 yuan. (Shenyang 19 Dec. 2014)

The Lecturer stated that the list of required documents to restore Chinese nationality, published on the website of the government of Beijing city, contains 11 documents, including a curriculum vitae and an explanation of how the applicant acquired the foreign nationality (Lecturer 4 Feb. 2019). A sample of a certificate of restoration of Chinese nationality, provided on the website of the government of Beijing city, is attached to this Response (Attachment 2).

A June 2015 article published by Xinhua News Agency reports that a 92-year-old Chinese-Australian woman restored her Chinese nationality in the city of Wuxi (Xinhua News Agency 4 June 2015). The process started in January 2014 and her nationality was restored in April 2015; the process was expedited because of the age of the applicant (Xinhua News Agency 4 June 2015). According the article, the applicant was the first citizen to successfully restore her Chinese nationality in the past five years (Xinhua News Agency 4 June 2015). The daughter of the applicant went to the Wuxi city PSB Entry-Exit Administration Center at the end of 2013 and was told by a police officer that no one has ever asked for restoration of their nationality and that no one knows whether it can be done; after contacting Zhixin Zhao, who is both the deputy mayor and Wuxi PSB chief, the applicant was provided with the relevant documents to apply for restoration of her Chinese nationality (Xinhua News Agency 4 June 2015). The requirements included, among others, the following:

• Appl[ication] for restoration of Chinese nationality;
• Resident identification card;
• Photos;
• Fingerprints;
• Household registration [(hukou)];
• Proof of kinship;
• [translation] "Australian citizenship denunciation certificate" (Xinhua News Agency 4 June 2015).

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to a 2018 article prepared by Gary Chodorow, a China-based immigration lawyer who "has helped clients with U.S. visas, permanent residence, and citizenship matters for more than 20 years" (Chodorow Law Offices n.d.), Chinese citizens who naturalize in a foreign country lose their Chinese nationality and "[i]t may be difficult or impossible" to re-acquire Chinese nationality afterwards (Chodorow Law Offices 24 Mar. 2018). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.1 Hong Kong

According to the website of the government of the HKSAR's Immigration Department, applications for restoration of Chinese nationality "should normally be made while the applicant is in Hong Kong" and can be submitted to the Immigration Department's Nationality Sub-Section of the Travel Documents and Nationality (Application) Section in person or by mail (Hong Kong 20 Dec. 2016). The same source indicates that applicants outside Hong Kong can send their application by mail to the Immigration Department's Nationality Sub-Section or in person at the "nearest Chinese Diplomatic and Consular Mission" (Hong Kong 20 Dec. 2016). The HKSAR's Immigration Department provides the following information regarding applications for restoration of Chinese nationality:

It is not possible to set out all the circumstances in which the Director of Immigration would normally accept as having a legitimate reason but consideration will be given to:

• whether the applicant has the right of abode in Hong Kong
• whether the applicant is living in Hong Kong
• whether the applicant is of good character and sound mind
• whether it was necessary for the applicant to renounce Chinese nationality or declare a change of nationality to enable him/her to retain or acquire some other nationality or citizenship, and the reasons for wishing to restore his/her Chinese nationality now
• whether the applicant followed his/her parents' or one of his/her parents' nationality when he/she was under the age of 18, and the reasons for wishing to restore his/her Chinese nationality now
• whether there are other legitimate reasons to support his/her application. (Hong Kong 20 Dec. 2016)

The same source indicates the following requirements and procedures to restore Chinese nationality:

Completing the Application Form

Applicants should complete all parts of the application form that are applicable to them. Items that are not applicable should be crossed out and signed by the person making the declaration. There are some parts of the application form that will require their special attention.

Part 3 - Reason for restoration

Applicants must fill in this part to support their applications for restoration of Chinese nationality. Documentary proof may be required to support their applications.

Part 4 - Criminal record

Applicants must give details of all convictions by a court of law in or outside Hong Kong of any crime or offence they have committed[.]

Part 5 - Declaration

After the applicant has completed the application form, he/she should sign and date the declaration in Part 5 of the application to make it valid. If the applicant is unable to sign, he/she should impress his/her left thumbprint on the form. If the applicant is aged under 18 on the date of application, a parent or legal guardian must sign the declaration.

Supporting Documents

Applicant should submit his/her application together with the following documents and photocopies:

• Hong Kong identity card
• birth certificate
• passport(s) or travel document(s) showing his/her travel records and length of residence in Hong Kong, or any of the following documents:
  
  • letters from employers certifying the periods of his/her employment with them
  • letters from schools or other educational establishments showing the periods he/she attended
  • tax returns or a letter from the Inland Revenue Department showing that he/she has paid taxes in past years
  • any other document showing his/her residence in Hong Kong
• proof of his/her relationship with the parent/legal guardian who submits the application if he/she is under the age of 18, such as:
  
  • his/her birth certificate
  • his/her parents['] marriage certificate
  • court order granting guardianship (if the application is submitted by a legal guardian)
• Other proof to support his/her application[.]

(If the applicant cannot produce any of these documents, he/she should explain why.)

1. For applications submitted directly to the HKSAR Immigration Department
   
   If the applicant submits the application in person, original documents with photocopies are required. If the applicant submits the application by post to the HKSAR Immigration Department, only photocopies of the supporting documents should be sent with the application. Original documents should not be sent by post. The applicant will be required to produce the original documents for verification at subsequent interview(s). If the applicant is outside Hong Kong, he/she will have to provide the name and address of a local referee who will be contacted by the Immigration Department to produce the originals of the documents for verification.
   
2. For applications submitted through Chinese Diplomatic and Consular Missions
   
   If the applicant submits the application in person to a Chinese Diplomatic and Consular Mission, he/she will have to produce the original documents for verification upon application.

Fee

1. For applications submitted directly to the HKSAR Immigration Department
   
   A fee of HK$1[,]150 [approximately C$194] is payable upon submission of the application. However, the collection of [the] fee does not constitute any guarantee or assurance that the application for restoration of Chinese nationality will be approved. If the applicant pays by cheque or bank draft, it should be crossed and made payable to "The Government of Hong Kong Special Administrative Region["]. No cash should be sent along with the application.
   
   For applications submitted by post from overseas, the bank draft should be drawn [from] a bank in the HKSAR in HK or US [d]ollars (HK$1,150 or US$148). If the cheque or bank draft is not drawn [from] a bank in the HKSAR or not in HKSAR currency, the applicant should also include a bank handling charge of HK$100 (or US$13) in the same cheque or bank draft.
   
   Alternatively, the applicant can provide the name and address of a local referee who will pay the fee on his/her behalf after receiving notification from the Immigration Department.
   
2. For applications submitted through Chinese Diplomatic and Consular Missions
   
   If the applicant submits the application through a Chinese Diplomatic Consular Mission, he/she will be required to pay a handling charge and the expenses of forwarding his/her application to the HKSAR Immigration Department in addition to the application fee mentioned in paragraph (a) above.

The fee paid is non-refundable in all circumstances. (Hong Kong 20 Dec. 2016)

The same source also indicates the following:

The applicant will have the right of abode in Hong Kong after approval of his/her application for restoration of Chinese nationality if:

• the applicant had the right of abode in Hong Kong before 1 July 1997; or
• the applicant is able to meet the criteria applicable to a Chinese national:
  
  1. he/she was born in Hong Kong before or after the establishment of the HKSAR if his/her father or mother was settled or had the right of abode in Hong Kong at the time of his/her birth or at any later time; or
  2. he/she has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR; or
  3. he/she was born outside Hong Kong to a parent who was a Chinese national with the right of abode in Hong Kong at the time of his/her birth.

The applicant cannot retain foreign nationality if his/her application for restoration of Chinese nationality is approved. (Hong Kong 20 Dec. 2016)

According to HKSAR's Immigration Department, there were three applications for restoration of Chinese nationality submitted in 2017, and four in 2018 (Hong Kong 29 Jan. 2019). Information on the number of applicants whose Chinese nationality was restored could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Requirements and Procedures for Children of Chinese Nationals Born Abroad

The Lecturer indicated that "in practice, children born overseas to Chinese nationals can obtain Chinese nationality given that they are entitled to Chinese nationality" according to the 1980 Chinese Nationality Law; she noted that "[d]ocuments required and processing time may vary from place to place" (Lecturer 8 Feb. 2019). The website of the Overseas Chinese Affairs Office of the State Council provides the following information regarding children born outside China applying for acquisition of Chinese nationality:

[translation]

1. Eligible applicants for nationality: Foreigners or stateless persons, who are willing to abide by the Constitution and laws of the People’s Republic of China and meet one of the following conditions, may obtain the Chinese nationality by submitting the application for approval:
   
   1. [Being a] close relative of a Chinese citizen;
   2. Having settled down in China;
   3. With other legitimate reasons.
2. Authorities accepting the application: local municipal or county public security bureaus in China; Chinese diplomatic missions and consular authorities outside China.
3. Application procedures:
   
   1. Fill out the application form: those who want to apply for the Chinese nationality should fill out the "Application for the Nationality of the People’s Republic of China."
   2. Submit a written application, stating that the applicant is applying for the Chinese nationality.
4. Corresponding certification documents:
   To apply for the Chinese nationality, the following documents are required: a photocopy of the foreign passport, a photocopy of the foreigner’s permanent residence certificate, relevant certification of the applicant’s foreign citizenship at the time of birth is required if both of the applicant’s parents are Chinese citizens or one of the applicant’s parents is a Chinese citizen, other materials deemed relevant to the nationality application by the authorities accepting the application.
5. Other matters:
   Once a person is approved to have or restore his/her Chinese nationality, the person cannot keep his/her foreign citizenship. (China 15 June 2018)

A copy of the HKSAR's Immigration Department's application form for naturalization as a Chinese national, for persons aged under 18, is attached to this Response (Attachment 3).

Further information on the requirements and procedures for children of Chinese nationals born abroad to obtain Chinese nationality, including the length of the process, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to the Lecturer, "[t]here seems to be no official legislative/administrative/judicial interpretation of the term 'reasonable grounds' [or legitimate reasons] within the meaning of Art. 13 of the Chinese nationality law" (Lecturer 8 Feb. 2019).

[2] A hukou is "[a]n official document issued by the Chinese government, certifying that the holder is a legal resident of a particular area" (Oxford Dictionaries n.d.).

References

China. 15 June 2018. Overseas Chinese Affairs Office of the State Council. "I Am an Overseas Chinese. My Son Was Born Outside China and Is a Foreign Citizen, but He Is Now Coming Back to China With Me. How Can He Obtain the Chinese Citizenship?" Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 31 Jan. 2019]

China. 23 January 2018. Guangzhou Public Security Bureau. "Application for Restoration or Renunciation of Chinese Citizenship." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 31 Jan. 2019]

China. 27 November 2017. Overseas Chinese Affairs Office of the State Council. "What Is the Probability of Renouncing My Foreign Citizenship and Restoring My Chinese Citizenship?" Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 31 Jan. 2019]

China. 1980. Nationality Law of the People's Republic of China. [Accessed 21 Jan. 2019]

Chodorow Law Offices. 24 March 2018. Gary Chodorow. "Choosing Between U.S. and Chinese Citizenship: Pros and Cons." [Accessed 1 Feb. 2019]

Chodorow Law Offices. N.d. "Gary Chodorow, Managing Attorney." [Accessed 14 Feb. 2019]

Hong Kong. 29 January 2019. Immigration Department. "Chinese Nationality." [Accessed 4 Feb. 2019]

Hong Kong. 20 December 2016. Immigration Department. "Application for Restoration of Chinese Nationality." [Accessed 4 Feb. 2019]

Lecturer, The University of the South Pacific. 8 February 2019. Correspondence with the Research Directorate.

Lecturer, The University of the South Pacific. 4 February 2019. Correspondence with the Research Directorate.

Oxford Dictionaries. N.d. "Hukou." [Accessed 5 Feb. 2019]

Shenyang. 19 December 2014. "Information on How to Acquire, Renounce or Restore Chinese Nationality." [Accessed 5 Feb. 2019]

Xinhua News Agency. 4 June 2015. Wei Ma. "A 92 Year Old in Wuxi Restored Her Chinese Nationality Successfully: 'I'm Just So Happy to Be Home!'" Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 7 Feb. 2019]

Additional Sources Consulted

Oral sources: academic who focuses on Chinese studies; academic who has experience with Chinese asylum claims; associate professor who is the author of three books on law in China; Council on Foreign Relations – expert on Southest Asia; five law firms in Guangdong; international law firm with lawyers in China; law firm in Fujian; law firm in Guangzhou; lawyer practicing in Beijing; lawyer who holds a PhD in law and is knowledgeable about China's current legal practices; three law firms in Guangxi; two law firms in Hainan.

Internet sites, including: Australia – Department of Foreign Affairs and Trade; Center for China and Globalization; China – Consular Affairs, consulate in Montreal, consulate in Vancouver, embassy in Australia, embassy in Germany, embassy in Ottawa, embassy in the UK, embassy in the US, Ministry of Public Security, State Council; China Daily; China National Radio; EU – European Asylum Support Office; Factiva; Guangdong – Division of Exit and Entry Administration Department of Public Security; Guangzhou – Municipal Public Security Bureau; Liaoning – Division of Exit and Entry Administration Department of Public Security; Shandong – Shandong Talents; Shanghai Observer; Sina Blog; US – Department of State; Yantai – Municipal Public Security Bureau.

Attachments

1. China. 1980. Nationality Law of the People's Republic of China. [Accessed 21 Jan. 2019]
2. China. N.d. The People's Government of Beijing Municipality. "The People's Republic of China Nationality Restoration Certificate." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 31 Jan. 2019]
3. Hong Kong. N.d. Immigration Department. "Application for Naturalization as a Chinese National (For Persons Aged Under 18)." [Accessed 31 Jan. 2019]