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Hello everyone
Would really appreciate any help , my daughter is 6 and holds a Chinese passport , i am her father and a British Citizen born in UK. Does anyone here have experience applying for a ROA right of abode for the UK . I have heard she could have this put in her Chinese passport then come and go to the UK.
THX in advance
I’m not a lawyer but any children of a British citizen are British, I’m quite certain it is as simple as that, no matter where you are born.
Not just ‘right of abode’, but your child is a citizen.You should just have to do whatever paperwork the British embassy wants you to do. Call them up, surely they will be able to give advice.
I have 2 friends that got a RoA for their kids. It is simple but costly ~£300. The application procedure is detailed clearly on the gov.uk website. The pitfall is that it expires with the child’s passport. So isn’t cost effective unless you just got a new passport and plan to return to the UK on a regular basis. For this reason, I don’t plan on getting one for my son. If you have any questions then drop me a message and I will put you in touch with one of my friends.
I’m not a lawyer but any children of a British citizen are British, I’m quite certain it is as simple as that, no matter where you are born.
His daughter is Chinese. He wants a British right of abode stamp in her Chinese passport so that she may travel to the UK whenever she wishes. He does not want to get her a British passport as that would be illegal.
I’m not a lawyer but any children of a British citizen are British, I’m quite certain it is as simple as that, no matter where you are born.
His daughter is Chinese. He wants a British right of abode stamp in her Chinese passport so that she may travel to the UK whenever she wishes. He does not want to get her a British passport as that would be illegal.
A little late to reply but:
Yes, his daughter is Chinese. But his daughter is also British.
Why would getting a British passport be illegal?
You do know that you don’t need a passport to be a citizen, yes?
Do you mean China does not want people have have multiple nationalities, and that that is illegal? Or, just the possession of another countries passport?
Even if so, that is China’s problem, not the daughter or father’s.
If you are REALLY worried about the law and you are certain China is so strict like that, well, you had better do something about it because like it or not, the daughter is British, so the ‘crime’ is done!
https://en.wikipedia.org/wiki/British_nationality_law#British_citizenship_by_descent
Immediately, as soon as the daughter was born, she was a British citizen. Whether China recognizes that or not, it doesn’t matter! China has no control over British citizenship (and thankfully so!) – China cannot prevent/send you to prison for your daughter automatically acquiring citizenship due to the law of another country.
Some countries, don’t want you to have multiple nationalities, and if you accept one, then you lose your original one. I think China is like this, but I’m sure we all know how strange China can be with laws… ha. And it can be different when we compare ‘naturalizing’ (applying for and becoming) with ‘acquired by birth’. Some of these strict countries don’t care/can’t care/don’t even know ‘turn a blind eye’.
Just as a thought, I would imagine IF people had to choose between having British citizenship and having Chinese citizenship. The child can still live in China fine and legally (if the father+monther can, baby can too), but in the international world, considering things like visas etc, a Chinese passport isn’t great, British is much better.
I have read so many people writing junk about multiple nationalities, once I saw someone say ‘How can you be loyal to more than one country?’…
I know first hand of people with similar sorts of situations with their children, not knowing/***not having the citizenship they should, having to get visas each time they travel to the parent’s country. – Just because of ignorance and bad information.
*** as I said above to the UK, for that you do HAVE it, no action required, it is immediate at birth, but still, if you don’t know that, yes you may be messing about with visas and rights of abode and papers for a long time if you don’t know that you can get the UK passport for travel back there. Different countries different rules, but here the father is from the UK.
For the USA it is a federal offense(!) for a citizen to travel back not as a citizen, for example, if you use your ‘other’ passport, or don’t get your child the USA passport they are entitled to. (I doubt any conviction would happen, just – that is the technical law)If I am wrong about anything above, please tell me, as you can maybe tell I’m quite interested in ‘citizenship’, so I don’t want to make mistakes and will be happy to be corrected!
Thanks 🙂
I said above to the UK, for that you do HAVE it, no action required, it is immediate at birth, but still, if you don’t know that, yes you may be messing about with visas and rights of abode and papers for a long time if you don’t know that you can get the UK passport for travel back there. Different countries different rules, but here the father is from the UK.
A certificate of entitlement to the right of abode is given to UK citizens who for whatever reason can not hold a UK passport.
https://en.wikipedia.org/wiki/Right_of_abode
“Generally, in order to have the right of abode in a certain country, a person must be a citizen”
In this case, the original posters daughter was born in China to a Chinese parent which also makes her a Chinese citizen living in China.
If she were to obtain a UK passport, she would not be able to leave the country on it as it would not contain a visa or entry stamp for China. She could leave China on her Chinese passport but she would need a UK visa in it to do so. The UK authorities will not issue a visa to a UK passport holder. This means she can not legally obtain a visa in her Chinese passport. She could lie about holding a UK passport on the UK visa application form, but this would be a criminal offence. The best option in this situation is not to apply for a British Passport, but to apply for a certificate of entitlement to the right of abode in the Chinese passport.
Basically, yes she is a UK citizen and that is what the certificate to right of abode proves.
https://en.wikipedia.org/wiki/Right_of_abode_(United_Kingdom)
Cool Ben, thanks for the information. 🙂
Yes, I understand the daughter is both citizens of UK and China, no problem.
I only really replied to your part because of “He does not want to get her a British passport as that would be illegal.”
– But I understand now that you agree that sentence is incorrect, of course lying/hiding visa stuff could be a crime, but simply getting or possessing the passport alone is ok, and can be done.I wasn’t aware China was so strict in that they don’t let you leave the country if you don’t have a visa for the UK, etc.
You are sure China wouldn’t accept seeing the UK passport as your ‘visa’/whatever to make them understand that you are allowed to go to the UK? It’s so sad when countries are so strict.
(I don’t pretend to know the laws)Or wouldn’t the easiest + fastest thing just be going to Hong Kong?
I assume the visa thing that Chinese people need to enter Hong Kong is relatively easy to obtain…? And once you get there, use the UK passport to enter.I can’t see any crime happening… no trickery, no playing the rules, whatever, seems totally clean.
Or, is it a problem to even get the UK passport from the embassy?
The right of abode is a better solution you think, and then later get the passport?Personally if it was me, I would rather China not even know that I have right of abode in another country, and keep my citizenships separate to each other.
As a side note, I had a little look online and it seems that with the UK right of abode in a passport like a Chinese one, you can’t use it to go to the schengen area. A bit limiting – and depending on the countries you travel though if not direct to the UK, you will need a schengen visa…?
Regardless of countries/culture/citizenship/people, I’m happy I don’t have and am not limited to a Chinese passport!
You are sure China wouldn’t accept seeing the UK passport as your ‘visa’/whatever to make them understand that you are allowed to go to the UK? It’s so sad when countries are so strict.
It’s not just the fact you are allowed to go to the UK. They want to check that you were in China legally and didn’t overstay your visa etc. If you have no visa and entrance stamp in the UK passport then they will question your status during your stay and demand to know how/why you are in the country. If you then produce your Chinese passport, they will require you to show a valid visa for the UK. Since China does not recognise dual nationality. In the eyes of China, a foreign Passport held by a Chinese citizen is invalid.
http://thetyee.ca/News/2016/06/30/China-Refusing-to-Recognize-Canadian-Citizenship-of-Travellers/
I know people who have gone through HK – entered HK on a Chinese ID, and left on a British passport. It’s inconvenient to say the least, especially if you mainly just want to travel back to the UK. Chengdu has a direct flight to London.
Schengen visas are free for family of EU citizens, and the process times are fast. So not a big deal.
The whole Chinese/British passport thing isn’t something that bothers me. I’m happy for my son just to have a certificate of entitlement to right of abode for now.
Ok, I understand.
Thanks for your input 🙂Just good to know the different kind of options etc. Interesting stuff I think.
About that Canadian link, the issue there is about entering China, and whether or not the person entering ‘has a Chinese passport’, even if maybe not eligible, they are being treated as Chinese nationals.
It’s something that is understandable – as long as the person legally is a citizen (whether they have the papers/passport etc) – then China should treat them as a citizen. Just the case with USA, if you are a citizen and you enter, you have to use your USA passport and be treated like a citizen, you are not allowed to use your XYZ passport.
But yeah, if these ethnically Chinese people don’t technically have citizenship for whatever reasons (for example the parents renounced etc) – but China is making them do it anyway, then that is a problem and that’s why I think people are getting upset there.Hi Ben
Just applied for a Certificate of Entitlement for my 3-year-old son to visit the UK for the first time. He is a Chinese passport holder and is registered on my wife’s family Hukou. Does anyone have experience of doing this? Will the Chinese allow him to travel with this in his passport? Could you put me in contact with your friend ?
Thx
Just applied for a Certificate of Entitlement for my 3-year-old son to visit the UK for the first time. He is a Chinese passport holder and is registered on my wife’s family Hukou. Does anyone have experience of doing this? Will the Chinese allow him to travel with this in his passport? Could you put me in contact with your friend ?
Since writing that post I successfully applied for a Certificate of Entitlement to Right of Abode for my son. He has already travelled back to the UK on it twice. So, yes, your son will be allowed to leave the country and enter the UK without issue.
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