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Nationality Help! British & Chinese couple.

Couple with a child

dcrowie
post 26.Feb.2013, 08:09 PM
Post #1
Joined: 24.Jan.2013

Hello,

This is my situation. My wife is Chinese and I am British. Our son was born in Sweden and we want him to have Chinese Nationality. To apply for a passport, the Chinese Embassy is asking to provide prove that our son does not have British Nationality.

Firstly I call the embassy in Stockholm. They told me to email ukbanationalityenquiries@ukba.gsi.gov.uk. Who reply with a quote from the website, which does not have information about this matter.

Secondly I email a British consular in Denmark, who replied "Your child’s nationality is dependent on how you yourself became British. If you were born, registered or naturalised in the UK your child will automatically be British by descent.
You should, however, visit the following website for further details: www.ukba.homeoffice.gov.uk/britishcitizenship"

I called the FCO in the UK who also told me to email ukbanationalityenquiries@ukba.gsi.gov.uk. I told them that I have already done that and said to me sorry we can not help you.

I am proud to be British, but I am very disappointed. There must be someone in the FCO or Embassy who knows something.

Can anyone point me in the right direction please.

Thank you
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byke
post 26.Feb.2013, 08:24 PM
Post #2
Location: Europe
Joined: 28.Oct.2008

For a father to obtain british citizenship for their child, from a birth outside the UK to a "foreign" mother. The father has to apply for such.

If you havent applied for such, then your child doesnt have it.

Had you been female and british, it would have been another story.


Thats how I understand it ... Hopefully others may be able to add to this.
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mångk
post 26.Feb.2013, 08:29 PM
Post #3
Joined: 27.Jul.2008

obtain a swedish 'personbevis' for your child.
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Tomitomi
post 26.Feb.2013, 11:00 PM
Post #4
Joined: 10.Jan.2006

I believe your child will automatically be British by birth (unless you were also not born in the UK and have not kept any strong connection to the country during your life). Without looking into it, I'd suppose your next step is to cancel his/her British nationality and then forward their confirmation to the Chinese embassy.
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byke
post 26.Feb.2013, 11:24 PM
Post #5
Location: Europe
Joined: 28.Oct.2008

I really dont think it applies to male fathers of children to non British mothers.
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Westport
post 27.Feb.2013, 09:01 AM
Post #6
Joined: 23.Feb.2011

I could be wrong, but isn't your problem due to the fact that China doesn't recognise dual nationality?
So, for your son to be given Chinese nationality you will not only have to renounce his claims to British citizenship which he is entitled to through you, but also Swedish citizenship (if he has it). Certainly not a choice I would make unless you're planning on going to live permanently in China...
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Max Reaver
post 27.Feb.2013, 11:14 AM
Post #7
Joined: 26.May.2011

Yes Westport, the problem is exactly about China doesn't recognize dual citizenship.

Not sure about British. In Sweden, if the parents are married and the father is Swedish, then it's automatically Swedish citizenship for the baby. You can check if there is similar thing with the British one.
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Pursuivant
post 27.Feb.2013, 11:48 AM
Post #8
Joined: 12.Aug.2008

So, basically, you want first the Chinese nationality as they don't recognise dual, and then the British as they do have the dual...
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Essingen
post 27.Feb.2013, 12:33 PM
Post #9
Joined: 2.Nov.2008

Can I question the wisdom of giving the child Chinese nationality at the expense of Swedish, if it intended that he will grow up in Sweden. He could always renounce the Swedish when he is old enough to decide for himself and then take Chinese.

The rules about British citizenship are complicated as we found out when we wanted to give our adopted Chinese boy British citizenship. It seems to me that the e-mail address you were given should be the correct source for getting the right information, but because your case is a little unusual they have just given you the brush off. Suggest you mail them once more and imply that they might like to get off the arses and sort it out.
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Westport
post 27.Feb.2013, 06:24 PM
Post #10
Joined: 23.Feb.2011

If you are British by birth or naturalization, you will automatically pass your British citizenship on to your children - I believe this ability is strangely restricted to the father. However, this ability only extends one generation; so if you are British only due to the fact your father was British (and you yourself have never taken up residence in Britain) you can not subsequently pass this on to your children. I'm guessing that in your case you are "really" British and therefore your son is entitled to British citizenship. I applied for a British passport for my son (who was born outside Britain) and received one very quickly, no questions asked (just fill in the correct forms) based on my British citizenship through birth. I'm guessing the Chinese expect you to show proof that you have renounced your son's claim to British citizenship (there's a form for that too).
Once again, unless you intend to live your lives permanently in China I would seriously question why you would do this. I gather many Chinese that have emigrated prefer to return to China as citizens of their new country as it provides some protection from the possibility of the excesses of China's human rights violations. (ie Your son is less likely to be executed and have his organs mined if he retains his British citizenship and can not be treated as a Chinese national.) Just something to think about. mellow.gif
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byke
post 27.Feb.2013, 07:30 PM
Post #11
Location: Europe
Joined: 28.Oct.2008

Does china have any agreements with the west over child abduction?
Lets say your partner was to abscond with your child to china, and the local courts have classed the removal of the child as illegal or against your rights as a father. Does China follow the conventions in regards to missing chidden? And do they judge them differently based on the nationality of the child?
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Max Reaver
post 28.Feb.2013, 11:49 AM
Post #12
Joined: 26.May.2011

QUOTE (Westport @ 27.Feb.2013, 06:24 PM) *
If you are British by birth or naturalization, you will automatically pass your British citizenship on to your children - I believe this ability is strangely restricted to the ... (show full quote)

When such things happen, the motivation usually come from the mother's side. It's a fact that Chinese can't travel very far in Europe or America without going thru cumbersome paperwork and risk having visa application rejected for no reason at all. Most Chinese mothers cannot imagine having to apply for visa to see their children. Also because of family ties are greatly appreciated in China, European nationality makes it more difficult to have the children meet the grandparents in China. I know it doesn't look wise to pick the Chinese citizenship over the British, but each family to their own. They all have their reasons. One of my best friend is getting married, his fiancee is Chinese and they've been discussing about it a lot.
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