Pros&Cons: Visa Application for Chinese with Foreign Nationality

Recently we have received more inquiries from Chinese with foreign nationality about their visa needs. 

We will summarize the advantages and potential risks that Chinese with foreign nationality need to be aware of when applying for visas in China.

In this article, Chinese with foreign nationality refers to:

• Those who once held Chinese nationality and later joined other nationalities; 

• The second or third generation of Chinese immigrants abroad. (Those with Overseas Compatriot Card 侨胞证, if you need one, you can contact VisaOfChina team to help with application)

Advantages

• With a certificate of cancellation for your previous Chinese Hukou, you can apply for a five-year work permit (usually validity period of work visa is one year)

• When applying for permanent residence:

1) Chinese with foreign nationality, who holds a doctoral degree, can apply without meeting the annual salary and tax requirements;

2)  If you are Chinese with foreign nationality and have worked in the free trade zones for four consecutive years, you do not need to meet the annual salary and tax payment requirements to apply. (Contact VisaOfChina team to check whether your company belongs to an eligible free trade zone)

Potential Risks

• China does not admit dual nationality. Therefore, Chinese with foreign nationality who have joined other nationalities should cancel their Hukou.

  Otherwise, they will not be able to apply for a residence permit in China.

• Children of Chinese with foreign nationality (one of the parents holds a Chinese nationality when born) are required to undergo Nationality Examination and Verification to declare the renunciation of their Chinese nationality when applying for a residence permit.

  Otherwise, they cannot apply for a residence permit.

According to the Nationality Law of the People's Republic of China:

Article 3 

The People's Republic of China does not recognize dual nationality for any Chinese national.

Article 9

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

According to Regulations of Shanghai Municipality on Permanent Resident Registration (上海市常住户口管理规定):

Article 46 

If one obtains a foreign nationality, the person should go to the local police station where the Hukou is registered to apply for cancellation of the Hukou registration.

出国定居或者加入外国国籍的，本人应当向户口所在地公安派出所办理注销户口登记。

Successful Case

Ms. Y obtained a doctorate degree while once held Chinese nationality, then joined  US nationality.

We successfully assisted her to apply and obtained permanent residence in China.

If you have any questions about China visa applications(work visa, PU letter, company registration and more) or getting  Overseas Compatriot Card 侨胞证, please contact our visa consultant Annie (WeChat ID: AnyHelper-ss)

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