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ROA and Chinese passport

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Lucia17
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Slovakia

ROA and Chinese passport

Post by Lucia17 » Sun Oct 28, 2018 2:34 pm

Hi,

first of all I hope I posted this in the correct group.

My son has a Chinese passport from his father's side. We are planning to travel to the UK and are trying to figure out the best solution. From my side he was born as British so he cannot apply for visa only for a passport or ROA to travel back. The problem is this, due to our current situation, as we are intending to come back to China for some time, it is better to keep the Chinese passport so we are left with only ROA.

My question is this: would the Chinese government or immigration officers have any issues with him holding an ROA (since it is in a way a confirmation of a second nationality?).

Thank you!

secret.simon
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Re: ROA and Chinese passport

Post by secret.simon » Sun Oct 28, 2018 3:42 pm

Lucia17 wrote:
Sun Oct 28, 2018 2:34 pm
My question is this: would the Chinese government or immigration officers have any issues with him holding an ROA (since it is in a way a confirmation of a second nationality?).
As the question is about Chinese immigration, not UK immigration, moving to the Other Countries forum.

Other countries that do not allow dual nationality, such as India, allow CoE-RoA because the CoE-RoA does not state that the person is a British citizen. It states only that the person has the right to reside (Right of Abode) in the UK. TO somebody who does not know UK law, it would only appear as if the person has a lifelong visa to reside in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Lucia17
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Posts: 7
Joined: Fri Oct 06, 2017 9:00 am
Slovakia

Re: ROA and Chinese passport

Post by Lucia17 » Mon Oct 29, 2018 5:41 am

Thank you, Simon (for both the reply and moving it to the right forum)!

If they were to get pedantic about it though. My interpretation (that I hope is wrong) is that 1- you have unlimited residence rights=permanent residence=affects hukou
2-it confirms that you hold a nationality of another country even if you don’t hold a passport.

I called 2 lawyers to understand it better, one said it’s not an issue while the other said that it’s technically a confirmation of another nationality. So I am back to the starting point.

vinny
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Re: ROA and Chinese passport

Post by vinny » Mon Oct 29, 2018 7:30 am

Lucia17 wrote:
Mon Oct 29, 2018 5:41 am
If they were to get pedantic about it though. My interpretation (that I hope is wrong) is that 1- you have unlimited residence rights=permanent residence=affects hukou
2-it confirms that you hold a nationality of another country even if you don’t hold a passport
There's no indication that the holder has an unlimited visa to reside in the UK, as it's valid only for the duration of the holder's passport.

It doesn't necessarily confirm that the holder holds British nationality, as there are some Commonwealth nationals (born prior to 1983) who have a Right of abode but not British citizenship.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Lucia17
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Posts: 7
Joined: Fri Oct 06, 2017 9:00 am
Slovakia

Re: ROA and Chinese passport

Post by Lucia17 » Wed Oct 31, 2018 2:02 pm

Thanks Vinny!

Does anyone know if ROA cancels or negatively impacts Chinese hukou?

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