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Baby's nationality

Questions and Answers about living in Shanghai here.

Baby's nationality

Postby ranmachen » Sat Sep 04, 2010 4:33 pm

If the father is Canadian and the mother is from mainland China, and the mother gives birth in Hong Kong, is the child Hong Kongnese and ultimately is a Chinese citizen with a Hong Kong passport?

Or can the baby's citizenship be easily changed to Canadian if the parents wanted to?
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Re: Baby's nationality

Postby victorinchina » Sat Sep 04, 2010 4:58 pm

Why would the baby become Hong Kongnese if neither of the parents are?
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Re: Baby's nationality

Postby ranmachen » Sat Sep 04, 2010 5:05 pm

I thought the baby would be a citizen of the country/location that he/she was born in regardless of the parent's citizenship.
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Re: Baby's nationality

Postby BuddhaOnline » Sat Sep 04, 2010 5:08 pm

technically yes.. the baby will be a hongkongese.
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Re: Baby's nationality

Postby miesby » Sat Sep 04, 2010 5:20 pm

Being in Hong Kong has nothing to do with citizenship. The United States and some other countries have birthright citizenship (i.e. jus soli - anyone born in the country is a citizen of the country) but China does not.

Since mom is Chinese and dad is Canadian, the kid can be either but the choice has to be made. Choose Canada. Not exactly sure how it works, I think you just have to register the kid at the consulate.
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Re: Baby's nationality

Postby GaryA » Sat Sep 04, 2010 7:18 pm

In the US, if your child is born on US soil, it is automatically a US citizen regardless of the nationality of the parents. What happens after that, I have no idea. I also have no idea if it is the same in Hong Kong.
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Re: Baby's nationality

Postby victorinchina » Sat Sep 04, 2010 7:23 pm

ranmachen wrote:I thought the baby would be a citizen of the country/location that he/she was born in regardless of the parent's citizenship.


I don't know... just thought it would be strange if it was the case... :D
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Re: Baby's nationality

Postby Renovator » Sat Sep 04, 2010 10:28 pm

The rules for nationality are different in each country and to make it even more complex they change from time to time so that just because someone is one nationality today, they can be another tomorrow, or of multiple nationality. China, for example, does not recognize dual nationality. The US frowned on dual nationality for a long time and now are OK with it. Countries establish nationality basically on where a person is born or where their parents have their nationality established. Requirements at birth vary from country to country but all questions can be answered by consulates involved. Children often can have dual nationality only until a certain age such as 18 or 21 and then have to choose.

Two important factors as a child grows up revolve on military service obligations and income tax obligations. Later on in life, retirement options are often based on citizenship.
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Re: Baby's nationality

Postby johnny_tropicana » Sun Sep 05, 2010 12:20 am

Renovator wrote:The rules for nationality are different in each country and to make it even more complex they change from time to time so that just because someone is one nationality today, they can be another tomorrow, or of multiple nationality. China, for example, does not recognize dual nationality. The US frowned on dual nationality for a long time and now are OK with it. Countries establish nationality basically on where a person is born or where their parents have their nationality established. Requirements at birth vary from country to country but all questions can be answered by consulates involved. Children often can have dual nationality only until a certain age such as 18 or 21 and then have to choose.

Two important factors as a child grows up revolve on military service obligations and income tax obligations. Later on in life, retirement options are often based on citizenship.


Have you heard that the government admitted, after earlier denial, that Obama has dual citizenship?

Regardless, I would choose the Canadian citizenship for my child were I in your position.
Gives the child a host of options and opportunities they might not have otherwise.
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Re: Baby's nationality

Postby ayall » Sun Sep 05, 2010 7:10 am

miesby wrote: I think you just have to register the kid at the consulate.


this is true - example; my American co-workers went to the American consulate immediately after their kids were born (same in Singapore, japan & china). kids are considered US citizens and nothing else with passport place of birth being Singapore/japan/china.

call your consulate for details instructions.

i too agree it's likely wise to choose Canadian over chines.
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Re: Baby's nationality

Postby KalanStar » Sun Sep 05, 2010 7:47 am

I heard a year or so ago that Canada was changing it's citizenship policy at the request of the Conservatives. Canadian citizens abroad do not have the same rights as those based within Canada. Also, children born to citizens that were born on foreign soil can no longer claim Canadian citizenship.

An interesting article for Canadian expats:
Canadian expats risk becoming 'second-class' citizens: study
Of particular current concern is a new law, set to come into affect in April that will prevent children born to or adopted by Canadians outside the country from passing citizenship on to their children if they are also born abroad - in other words children born to naturalized Canadians would not have the same citizenship rights as children of those born in Canada.


Read more: http://www.financialpost.com/todays_pap ... z0yY5TVjQl
http://www.financialpost.com/todays_pap ... id=1273181

Another article here: http://www.theglobeandmail.com/news/opi ... 970179.ece

Something to think about.
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Re: Baby's nationality

Postby mmhm » Sun Sep 05, 2010 4:28 pm

The generations outside Canada (or the US, for that matter) has been around for some time. Your child will be entitled to Canadian Citizenship. You register the birth with the Canadian consulate, (this next step is very, very slow) to eventually receive a certificate of birth abroad - a citizenship card. The problem lies if your child has your grandchild outside Canada, the grandchild is not entitled to citizenship. The way around this is to have your child reside in Canada for a minimum of three years (college will do) and then the clock starts fresh-your child is able to transmit citizenship to the next generation outside of Canada.
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Re: Baby's nationality

Postby scotch » Mon Sep 06, 2010 4:18 pm

If the kid is born in HK, he will automaticaly have HK ID. However, parents can still apply for Canadian nationality
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Re: Baby's nationality

Postby TIC » Tue Sep 07, 2010 9:24 am

He will be a HoCaChi
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Karl: “You haven’t been to China.”
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