Question

Asked by Michael from china | Sep. 26, 2020 19:28

About:Dual Nationality

UK/Chinese children

I have a British passport and I am currently living and working in China (and will be for the foreseeable future). I am married to a Chinese woman and we are planning on having a child. I have looked online but found no clear answers so, can anyone tell me if we were to have a baby what nationality would it be legally allowed to have? I also read that certain benefits (milk allowance etc.) can be given from the UK (I find this hard to believe). any help would be appreciated even if just a link to a site to gain the answers I seek.
Thank You

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Answers (2)

Answered by Emily | Sep. 29, 2020 18:31

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As I know, the place of birth decides the nationality.

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Answered by Orem Frien | Nov. 19, 2020 18:07

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Either one, but not both.

Both the UK and China allow for the child to inherit nationality by jus sanguinis (descent from a citizen). There is a wrinkle in British Law that says that a child who inherited British nationality by descent cannot pass British nationality by descent himself (e.g. your grandchild will not be able to be British unless he acquires citizenship some other way), but this does not affect your child.

Under the Chinese Nationality Law, as a child born to a Chinese citizen (his mother), he has the right to acquire Chinese citizenship.

Under the British Nationality Law, as a child born to a British citizen who was born in the UK (his father), he has the right to acquire British citizenship. (Father and child would have to go to Consulate at a young age register the child; it would not be automatic.)

However, the Chinese Nationality Law forbids dual nationality, so you would have to choose.

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