Wife has ILR, newborn baby in China, returning to UK

Hi everyone! I'm British born and my wife has had ILR since 2007. She went to stay with her family in China for the birth of our first child who is 2 months old. They want to return to the UK in May and we've been trying to work out the best way to do it.

Am I right to understand that as I'm British our baby will be considered British too, even though as she was born in China she is considered Chinese by the Chinese authorities?

So, rather than trying to renounce Chinese nationality then applying for a British passport, can our baby travel with her mum on a Chinese passport with a visa to enter the UK? I can't find the right form for that anywhere on the UK Border Agency site Are there any difficulties with this that I'm not aware of?

If we get her a British passport in China I've heard that the Chinese won't let her out as they'll consider her Chinese, and they won't issue an exit visa for someone holding a British passport. So, it's either renounce Chinese citizenship which we don't want to do and seems like a lengthy process anyway, or get her a Chinese passport to enter UK, even though in UK's eyes she's also British by default of me being British!

Please help!

You are correct.

If a parent is British otherwise than by descent, then child is automatically British (2(1)(a)) from birth.

Child may apply either for a British passport or a Certificate of Entitlement to the Right of Abode at any time. Obtaining the latter, placed in child's Chinese passport, may be the simplest.

Consular birth registration is optional.

See also Nationality and here.

China doesn't recognise dual citizenship and according to the link below Chinese citizenship is automatically lost on acquisition of another citizenship. This implies that it doesn't actually have to be renounced but being in China you are in a better position to find out how this works in practice.

Your daughter is British and you can get for her either a certificate of entitlement or a British passport from a British consular post in China (see vinny's post above). This would ensure that she will have no problem entering the UK regardless of what documents she is using (at passport control + airline) when leaving China.

The question is on what documents should she travel on when leaving China. You could get her a Chinese passport based on her mother being a Chinese national and apply for and obtain a UK settlement visa (form VAF4) based on her mother's settled status in the UK.

This forum is principally about UK immigration and it would probably be more productive if you sought advice from a British consular post in China as beside the UK's immigration and nationality rules they are also likely to have knowledge of the rules applicable in China and how the two ineract.

http://www.travelchinaguide.com/essenti ... nality.htm
http://www.ukba.homeoffice.gov.uk/visas ... ying-visa/

If the British Embassy is aware that the child is British, then they shouldn't issue a settlement visa for the child.

I believe that the Child under Article 4 of the Chinese nationality law can be both Chinese and also be British (jus sanguinis).

Hi,
Does anyone have an update on the best step to take? I am in a similar position, except baby was born in the UK and has a Chinese passport (I am British). I am thinking that the CoE is the best way to get back to the UK, but am concerned how the Chinese authorities would view the CoE in the Chinese passport? (We don't want to jeopodise the Chinese nationality and hukou).

The other alternative is applying for a UK visa - family settlement visa? - but am reluctant because of the huge cost and hassle and the fact that baby is a UK national! So CoE looks the best bet...as long as the Chinese don't mind. Anyone?

Thanks,
Jo

Settlement visa (or any visa) is not an option, as a citizen does not require a visa to visit their own country.

India has similar rules about citizenship being lost on exercise of another citizenship (such as a child having dual citizenship acquiring a British passport). It is however accepted practice for children born dual citizens to get an Indian passport with a CoE-RoA, as the certificate itself does not state that the child has another citizenship, only that it has the right to stay in the UK.

Here is an online image of what it looks like.

Here is the UK Government's official advice for people with claims to both British and Chinese nationality.