I was born in Canada to parents who are Chinese nationals and who have not settled abroad. Under Article 5 of the Nationality Law of the People's Republic of China (quoted below), that means I am a Chinese national.

Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.

Since Canada is jus soli, I also have Canadian citizenship. I have never acquired a Chinese passport, even though by the Nationality Law I am a national. Can I apply for a Chinese passport now?

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    Have you lived outside of China since birth? If so, then I imagine your parents might have a hard time arguing that they have not "settled abroad". Jun 17, 2018 at 23:41
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    @GregHewgill: It just matters that the parent had not "settled abroad" at the time of the child's birth. The PRC government interprets "settled abroad" as having foreign permanent residency.
    – user102008
    Jun 18, 2018 at 1:03
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    Also there seems to be an issue in that China doesn't allow for dual nationality. So if you apply for Chinese citizenship aren't you automatically giving up the Canadian citizenship? (Of course this might be exactly what you want here.)
    – xji
    Jun 18, 2018 at 22:54
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    It sounds like you're trying to have both Chinese and Canadian citizenships. China doesn't allow this and even if you managed to get the passport you would have to be very careful in how you travel--for example, travel via Japan and on separate tickets. Jun 18, 2018 at 23:54
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    Besides, when applying for a Chinese passport abroad as an adult, their second question would be about your immigration status. The first question being of course about your Chinese citizenship. If you tell them, as an adult, that you're in Canada as a Canadian, you're de facto not Chinese.
    – dda
    Jun 20, 2018 at 2:31

1 Answer 1


The short answer is "no" except you meet several pretty strict conditions(e.g you have to be stayed in China now) Basically, the consulate outside China will not issue passport to any foreign born child but only special travel document. Furthermore , if one of your parent already acquired PR status . The child born in foreign country could only be qualified for a Chinese visa application.

Ref: http://www.chinaconsulatechicago.org/eng/ywzn/qzhz/qz/t1241442.htm

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