Second Child in China?

[Randy W]

 

 

An American child living in China would be perfectly legal. I'm simply suggesting that as a possible alternative, in case there are no better options.

 

True... with the proper visa. The headache would be maintain the visa status over long periods of time.

 

 

 

That headache amounts to about $125USD every year under current laws. The child may be eligible for permanent residency.

 

If you are correct about the hukou registration, I believe that solves the problem completely for Fu Lai. The child can be raised as a Chinese citizen, and then can claim his/her American citizenship later in life, if desired.

 

The issue, to me, seems to rest entirely on that hukou registration - whether the mother's second child can be registered, and/or what fines may have to be paid to do so. Only the local hukou authorities can answer that.

[newacct]

This is true for every Chinese citizen - most, however, do not have the option of an American passport.

No, it is not the same. Chinese citizens who are not U.S. citizens can get a U.S. visa. However, a U.S. citizen cannot get a U.S. visa. Since they do not have a visa on their Chinese passport, they will need an entry/exit permit in order to leave China.

 

Yes, you do. Many do exactly that - refuse their Chinese citizenship and acquire a foreign passport instead. The Chinese authorities issue an exit visa to allow them to leave the country under their foreign passport. A Chinese passport, ID, and hukou registration will not be available to these citizens.

You are plain wrong. Chinese law says it very clearly. This person is a Chinese citizen. Period. There is no basis anywhere in the law for "refusing Chinese citizenship". China will issue an entry/exit permit to Chinese citizens who also have foreign passports. This does not mean they are not Chinese citizens.

 

Hukou and Chinese citizenship are two separate things. Many Chinese people born and raised in China lost their hukou when they went abroad to study and live, even though they did not acquire foreign nationality. This does not mean they are not Chinese citizens.

 

More than simply ignoring - if a Chinese citizen is discovered to have acquired foreign citizenship, their passport is voided, and they may lose their hukou registration (although this doesn't always happen automatically).

No, this is completely different. If a Chinese citizen voluntarily acquires foreign nationality, then they no longer have Chinese nationality, by Article 9. I was talking about Chinese citizens who have dual nationality, like the OP's child. So this is not related.

Edited August 3, 2013 by newacct (see edit history)

[Randy W]

Sorry, guy! Let's stick to the topic, which is how best for Fu Lai to raise his child. His issue is with registering his child's hukou - not with the Nationality law.

 

There is no point whatsoever in clouding that issue with a debate over the semantics of China's Nationality law - which is NOT at issue.

 

There are laws and policies covering "returning overseas Chinese", which currently do not enter Fu Lai's picture at all.

 

Fu Lai wants his child to grow up in China as a Chinese citizen. Yes, he/she will also be an American citizen, should he/she wish to claim that citizenship at a later date. There are no issues there.

[Randy W]

You (Fu Lai) may want to read up on this, but I think it'll basically trell you that you need to talk to your local officials. It does say that both the hukou and the current place of residence come into play there, and says something about a "Certificate of Family Planning", but I haven't seen anything about how one is acquired or where it is needed.

I believe this is current as of 2012, and has been re-affirmed for 2013.

Population and Family Planning Law of the People's Republic of China

http://www.npfpc.gov.cn/policies/201202/W020120223352837882699.jpg

Edited February 21, 2021 by Randy W (see edit history)

[david_dawei]

 

But if one day the child needs to visit the U.S. (even briefly, just as a tourist), they will need a U.S. passport. Surely you're not gonna avoid the U.S. forever?

 

Each person will make that decision and the impacts when they get there. I only pointed out the preferred course is to get on the Hukou initially; WHen and if one might visit the US is a later issue .... often many years later.

 

If we stick to the topic, Fulai plans to live in china for good... so that decision to visit the US is his and much later in time.

[david_dawei]

 

 

 

An American child living in China would be perfectly legal. I'm simply suggesting that as a possible alternative, in case there are no better options.

 

True... with the proper visa. The headache would be maintain the visa status over long periods of time.

 

 

 

That headache amounts to about $125USD every year under current laws. The child may be eligible for permanent residency..

 

 

Until there is permanent residency, the headache might include having to leave china and re-entering to get another visa. I know some have been able to simply 'extend' over and over and over and even get longer extensions each time.

 

I would only say that we do agree in general and the local authorities are also the ones who would deal with these extensions vs residency issues... best to find a local friend-of-a-friend-of-a-friend who is in the police station; sometimes that works wonders.

[Randy W]

 

 

 

 

An American child living in China would be perfectly legal. I'm simply suggesting that as a possible alternative, in case there are no better options.

 

True... with the proper visa. The headache would be maintain the visa status over long periods of time.

 

 

 

That headache amounts to about $125USD every year under current laws. The child may be eligible for permanent residency..

 

 

Until there is permanent residency, the headache might include having to leave china and re-entering to get another visa. I know some have been able to simply 'extend' over and over and over and even get longer extensions each time.

 

I would only say that we do agree in general and the local authorities are also the ones who would deal with these extensions vs residency issues... best to find a local friend-of-a-friend-of-a-friend who is in the police station; sometimes that works wonders.

 

 

The laws and policies have liberalized quite a bit.

 

I simply go to the PSB once a year and buy a new visa as the spouse of a citizen - in Yulin, they sell me an L-visa with no entry or exit restrictions, since I don't have a work permit. Most are getting one year residence permits, with up to 5 years available. I haven't left China since Dec., 2009, except for a two week visit to the U.S. in Jan., 2011.

 

They tell me that I'll be eligible for permanent residency in Dec., 2014.

 

I don't know for sure, but I believe the PSB visas are available even for a naturalized American citizen, if they have immediate family members or own property.

[Fu Lai]

Has anyone on CFL ever had a second child in China with their Chinese spouse? Did they have to pay a fine as if they were both Chinese having a second kid?

[warpedbored]

According to my wife who was a lawyer in China it is as Randy said. You need to go to the office of family planning and apply for a permit to have another child. If they say yes no penalty. Obviously if they say no and you do it anyway then you'll have problems.

[Fu Lai]

Okay, so I guess no one here has ever done this. Well, there's a first time for everything.