Attention parents with mixed Chinese children

http://www.ryan-mclaughlin.com/blog/china-expat-life/attn-parents-of-mixed-chinese-kids/

The city’s Exit-Entry Administration Bureau on Monday strongly advised parents of biracial infants born in China with Chinese nationalities to make sure their paperwork is in order before arriving at local airports, after some 100 families have been prohibited from taking their infant children out of the country this year.

Mixed children with a Chinese nationality require a “pass certification” before they are permitted to go abroad, according to Chinese law.

“But the majority of parents are unaware of the policy, or cannot be bothered apply for the certificate, which mixed kids living in China need,” Li Feng, a press officer for the bureau, told the Global Times on Monday. “If their parents don’t get the certificate, then biracial kids are not legally allowed to leave the country.”

After completing a national validation for their biracial children, parents can apply for the certificate at the city’s Exit-Entry Administration Bureau, a process that takes at least seven working days and costs 100 yuan ($15).

Mixed children who hold a foreign nationality do not need the certificate, but are required to have the same travel documents as foreigners living in China. Dual citizenship is not recognized by China.


The tricky part is that last sentence, “Mixed children who hold a foreign nationality do not need the certificate.” This is complicated because AFAIK just having foreign nationality isn’t enough. Just as any child born in China to at least one Chinese parent is officially “Chinese” at birth, any child born of a Canadian parent is “Canadian” at birth, regardless of where they’re born. But as the above mentioned (and every bi-national set of parents knows), China doesn’t allow dual-citizenship. Thus, the way I understand it, until a child leaves the country and returns as a citizen of the non-China country (with a Chinese visa), they are viewed by China as Chinese.

So, as an example, despite my son Casey having Canadian citizenship by birth, as well as proof of that citizenship in the form of a Canadian Citizenship Card, China will continue to see him as “Chinese” until he leaves China and returns using Canadian documentation. Again, AFAIK, there is no way to change this (ie. renounce Casey’s Chinese citizenship) inside of China.

A pain in the ass, but about on par with every other bureaucratic thing in this country or elsewhere. I’ve still a helluva rant yet to be written down about the absolute absurdity of getting Casey’s Canadian citizenship card.

Thanks for that reminder Stil, you're absolutely right about the kids who have foreign passports but who haven't left the country yet (like mine). This isn't a new regulation, but lots of people aren't aware of it. I know wasn't until I read about it here on this very forum a few years ago.

I wasn't aware of it either, so thanks from us as well, Stil!

Thanks, my American/Chinese couple friends are about to make me an uncle any day now. If they plan on moving to her place in the States, she may not know this

There is a bit more on the topic at:

 http://www.startinchina.com/shenzhen/baby/exit_entry_permit.html

Hello All
         I am an American living in Shan Xi Tai Yuan. I have a Chinese wife who is from Shan Xi and we gave birth to a son in China last April 2010. We progressed a USA passport for him last December, so he is now in China, with a USA passport. We are preparing to leave China to visit the USA August 1st, and this is the 1st time our son will have left China since he was born. I have just been thru this procedure here in Shan Xi, which was much more complicated than if my wifes Hu Kou was from Shang Hai, Bei Jing etc. In the remotes, they are still not good at progressing foriegner issues. Here is what I have learned regarding children of 1 Chinese parent, 1 Foriegn parent who was born in China and now posses a foriegn issued passport:
1.) There is a new law that came effective Jan 1 2011. Prior to this, the foreign child could have both a foreign passport as well as be registered into the Chinese parent's Hu Kou
2.)Now it can only be one or the other
3.)If the child wants to leave China for the 1st time, You need to get a 1-time exit, entry/Exit book. Eventually when the process is completed successfully, You will receive a book that is good for a 1-time exit from China (NO re-entry)
4.)You will need to go to the issuing local place of the Chinese paents Hu Kou and process some preliminary forms/paperwork (In our case it was Shan Xi, Jiang Xian)
5.) You will then need to take this paperwork to the administering area for this locally issued Hu Kou (In our case it was Shan Xi, Yun Cheng) More paperwork will be processed there.
6.) Then Your completed paperwork will go to the capital of your residing province and a Exit/Entry book finally will be issued (In our case it was issued at the Capitol of Shan Xi, Which is Tai Yuan)
7.) You will then use this book to get your child out of China
8.) While out of China, You will need to go to a Chinese Embassy and get a Chinese Visa into your childs passport. This is the only way they will be allowed back in China, and from this point forward enter/exit China as a foreigner and after the first cycle of this, You will no longer need the exit/entry book.

                 This issue I still have not progressed is my childs Visa from the Chinese embassy in USA. (We are going to USA Aug 1st)
                 Seems there are 2 types of relevant visa's that can be issued:
A.) "D" Visa which is for resident visa processing when You return to China. Since I have a resident visa issued here in Tai Yuan, I am assuming I will progress a "D" visa in USA, this is good for a 1-time entry into China for 6-month duration. Then when I return to Tai Yuan I apply for a 1-year resident visa that attaches to my 1-year resident/work visa permit
B.) If You do not have a resident visa You can apply for a "L" visa. There is a special classification of "L" visa for children of Chinese nationals, who hold a foreign passport. This can be isued for 2-years and is good for entries into China of 180-day durations

                         This is my experience till now

                                    Steve

Steve, for what it's worth I think you are better getting your child a 1-month tourist (L) visa, then once you arrive you can apply for a 2-year L visa category something like visiting family - for children of Chinese nationals, this is valid for 2 years and can be renewed in country. We did this for our sons and the only extra paperwork we needed was a translated, notarised copy of their birth certificates. This was because they were born in the UK, I assume for your child born in China a copy of the Chinese birth certificate would be sufficient.

The advantage of this visa is it is tied to the Chinese parent, not the foreign parent, so if you change your place of work/visa you don't need to change your child's visa. It's slightly troublesome to get - your wife will need to provide a fair amount of paperwork but she is probably used to that. And at least once you have it things are straightforward.

Good luck, saosao.

Good job I read this.  Dont want to get stopped at the airport next time I want to leave the China with my little one.

After our baby is born, we will get it a US passport, but my wife was born a Chinese citizen but has since become a US citizen with a US passport. She traveled to China on that and has received a temporary residence permit. Will they hold that even though she is now a USC, because she ethnically Chinese, the baby is considered Chinese as well and thus needs the travel permit?

No, neither your wife nor child are Chinese. China does not have citizenship by birth in-country.

Just confirming what Brandex said. Since your wife has traveled on her US passport and even has a Chinese visa, China no longer considers her officially Chinese (what Chinese people consider her is another question!). Your child will be an American and will need to get a passport and then a visa just like your wife, but no exit permit like kids born to one Chinese parent do.