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My husband and I, both holding Chinese passports, currently have Indefinite Leave to Remain (ILR) in the UK. Our baby was born before we obtained ILR. We applied for a Chinese passport for our baby when he was over two months old. Now, we wish for him to apply for British citizenship without obtaining a UK passport initially and then apply for the Right of Abode (ROA). Is this feasible?

Lynne-q wrote: ↑

Thu Jan 11, 2024 2:42 pm

Now, we wish for him to apply for British citizenship without obtaining a UK passport initially and then apply for the Right of Abode (ROA). Is this feasible?

If you want to keep child's Chinese nationality - no.
Not having a British passport doesn't mean your child does not have British citizenship, citizenship will be obtained once registration takes place-> your child will lose Chinese nationality once registered.
http://www.npc.gov.cn/zgrdw/englishnpc/ ... 384056.htm

Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

There are two separate questions here.

(a) Can the child register as a British citizen and not have a British passport, but a CoE-RoA?
- Yes, so long as the child is entitled to a non-British passport.

(b) If the child registers as a British citizen, can they also retain Chinese citizenship?
- That is a question on Chinese law and for a Chinese lawyer/expert to respond to.

meself2 wrote: ↑

Thu Jan 11, 2024 3:05 pm

http://www.npc.gov.cn/zgrdw/englishnpc/ ... 384056.htm

Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

This is unclear at best.

Can a child be stated to have "acquired foreign nationality of his own free will" if registered as a child by their parents?

Is there a provision for them to retain both nationalities until they come of age and then must make a choice?

That is something for somebody more learned in Chinese law to clarify.