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Does our baby need a visa to be in China?

KMdragon (17 posts) • 0

I have read through previous threads related to this topic, but still somewhat confused.

My Chinese wife and I have a baby born in Kunming who is now six months old. Our daughter now has Australian citizenship and an Australian passport.

If we don't get the Hukou, does this mean our baby needs a visa to be in China? Or is she a PRC citizen until such time as we get the one time entry/exit permit and leave China? In other words, regardless of whether or not we put her on my wife's Hukou, she is legally okay to be in China without a visa?

These visa and citizenship issues are a bit confusing, so starting to doubt myself. Any help appreciated.

OceanOcean (1193 posts) • 0

Your baby is a Chinese citizen as far as the Chinese authorities are concerned. They do not recognise dual citizenship, so her Australian passport is irrelevant to them. She can travel within China on her birth certificate. To leave China temporarily (and return) you need an entry/exit paper from the PSB for her. She uses that to leave China and then goes on her Australian passport. You can only use it once - you have to get another one for each trip outside the country. It's easy enough to get. I'm less sure about the implications if you get her in a hukou. Should be OK, but I haven't done that yet with my son (who also has mixed parents). But I would strongly advise you not to gtet a Chinese Passport for your daughter as will cause all sorts conflicts and paperwork.

YuantongsiYuantongsi (717 posts) • 0

Once you get her on your wifes Hukou then the PSB will no longer issue her an exit/Entry permit. She will have to get a Chinese passport to leave China. If you want to get her into Australia from China direct you won't be able to as the Aussies know she is an Aussie and won't issue her a visa for Australia.

Instead you could go to Thailand or any other country where Chinese can get a visa on arrival, then when you land in that country use her Aussie passport to continue your journey to Oz.

Unless you never plan to live in Oz for the next 18 years I wouldn't get her on the Hukou.

Hotwater (205 posts) • 0

Yuantongsi wrote "Instead you could go to Thailand or any other country where Chinese can get a visa on arrival, then when you land in that country use her Aussie passport to continue your journey to Oz." and what about on the way back through Thailand? That's the way they'll have to come back as the Chinese passport will have to show entry & exit stamps from Thailand.

Hotwater (205 posts) • 0

Yuantongsi wrote "Instead you could go to Thailand or any other country where Chinese can get a visa on arrival, then when you land in that country use her Aussie passport to continue your journey to Oz." and what about on the way back through Thailand? That's the way they'll have to come back as the Chinese passport will have to show entry & exit stamps from Thailand. But also how do you leave Thailand using an Australian passport that doesn't have an entry stamp. Sounds a bit dodgy to me.

JanJal (1243 posts) • 0

"she is legally okay to be in China without a visa?"

If I were in your situation (already established her as Australian citizen with Australian passport) it would be easier to play all cards as if she was 100% Australian.

I would go to Kunming Entry&Exit and ask if she can be added as dependent on whatever visa or residence permit you have, since she has foreign passport.

If she needs exit permit to leave the country, fine get that. Once you are out, you need to get her a dependent visa to get her back to China.

fixitwithahammer (165 posts) • 0

Ocean explained it perfectly. Go to the immigration office in the rare cases that she needs a Visa of some sort, they will put a sticker in the foreign parents passport, showing that she the child is a dependent.

But for Aussies that shouldn't apply, the only few cases I heard of are countries that have very remote ties with China. some African, Latin American, or East European states.

...oh it was free of charge and was given in one afternoon, if that's a concern.

In our case, foreign baba and chinese mama. We just need the Exit Entry permit, as ocean stated. That's it. She is a chin. citizen by birth.

Anyway check with the authorities, they will tell

laotou (1714 posts) • 0

This is more for Americans, but should work the same way for most foreign children.

1. If you register the child on your wife's hukou - the child is legally Chinese. The child will need a Chinese passport. DO NOT DELAY - penalties will apply.
2. If/when your baby is born - if you elect to go the foreign passport route - you MUST get a baby passport - they're typically good for 5 years, depending on the country. Don't forget the report of birth abroad aka consular/embassy issued birth certificate. You'll then need to hurry down to the local PSB to add your child to your residence permit - assuming you're here on your own visa and NOT your wife's hukou.

You'll then need to go register the baby at the visa office - they MAY tell you you'll have to leave and return - but see if they'll allow you to pay a "fee" as it typically causes financial hardship to travel un-necessarily. If they are resistant - politely ask to speak to a supervisor and that should settle the matter.

As you've already been here 6 months - you MAY need to pay a penalty AND write a letter explaining why it took so long to register, and apologizing to the host country for not understanding the visa rules for china and promising to never to this again - like with baby #2).

The penalty is typically CNY 1-2k - but if that's financial hardship - you might be able to negotiate a lesser penalty or installment payments.

TRAVELING WITH DUAL PASSPORTS
Depending on various rules - you MAY need to use BOTH passports at ENTRY/EXIT immigration when you leave/return, for your child.

Also - if you travel alone with a child (US citizens), you'll need a notarized permission to travel with your child from your spouse or a death certificate - whichever applies.

Now - this is kind of silly, because if you travel with ANY significant other, other than the biological parent - this rule is easily circumvented, as most airport security will assume the child is traveling with both parents, but you should have the required travel documents for traveling with minors ANYWAY - just in case.

If you travel to the USA - be advised your children may/will be inappropriately groped by TSA - absolutely resembling a pedophilic sexual assault. Be advised and warn your children in advance.

OceanOcean (1193 posts) • 0

@latou
My understanding is that all mixed-race children born in china are legally Chinese regardless of whether he/she is registered in a hukou, by virtue of being born in China. And regardless of whether the child has a foreign passport or not it will NOT be added to the parent's residence certificate, as he/she is legally Chinese. I tried, and was refused. This was explained to me by the Head of Kunming PSB.

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