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Establishing ROC nationality

Who can and cannot be a dual national, as well as the joys and frustrations accompanying that status. Includes ROC Passport and Military Conscription issues
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Establishing ROC nationality

Postby nicksname » 03 Mar 2013, 13:34

I have been living in Taiwan for a while now and the itch toward citizenship is getting stronger! Upon researching the process to become a citizen, I have come across some info which points to the fact that I may be currently entitled to ROC nationality due to my family ties. According to various sources, if one of my male ancestors (with female ancestors being allowed for those born after 1980) was a citizen of the ROC and has proof of this, I am able to establish nationality of the ROC.

My grandparents were born within the ROC and left prior to 1949, due to the political situation at the time, and were never citizens of the PRC. According to the OCAC, I need to supply proof of ROC nationality of my ROC national parent, along with birth certificates/marriage records. Whilst my grandparents don't have birth certificates, they do have identity, immigration and naturalisation documents from the UK stating their place of birth and nationality as that of "China". Will these documents suffice? And is it even possible for me to establish nationality through these means? It is my understanding that as my grandfather (grandmother being irrelevant due to my mother being a female born before 1980) was/is an ROC national, my mother also enjoys this privilege even if she has not exercised this nationality. As my mother is an ROC national, I am also able to establish ROC nationality as I was born after 1980.

I know this is a longshot towards establishing ROC nationality but I wish to have some sort of legal right and responsibility toward the place in which I am living. I am more than willing to wait it out and naturalise but I'm afraid that my situation may change and I may not be able to meet the residency requirements needed to naturalise.

Has anyone been able to establish ROC nationality through these means after the law was changed in 2002? Is the process as simple as going to the OCAC office with my mother to apply for her Oversaes Chinese identity registration with the mentioned documents, and then doing the same for myself?

Thanks for all your help in advance!
nicksname
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Re: Establishing ROC nationality

Postby IceEagle » 23 Jul 2014, 06:03

nicksname wrote:I have been living in Taiwan for a while now and the itch toward citizenship is getting stronger! Upon researching the process to become a citizen, I have come across some info which points to the fact that I may be currently entitled to ROC nationality due to my family ties. According to various sources, if one of my male ancestors (with female ancestors being allowed for those born after 1980) was a citizen of the ROC and has proof of this, I am able to establish nationality of the ROC.


Yes, but you might have a hard time proving it. If you've made any progess since you first posted this, I'd like to hear what happened. Please!

nicksname wrote:I need to supply proof of ROC nationality of my ROC national parent, along with birth certificates/marriage records. Whilst my grandparents don't have birth certificates, they do have identity, immigration and naturalisation documents from the UK stating their place of birth and nationality as that of "China". Will these documents suffice?


Not for nationality. If it's a document (even a naturalisation certificate) that is issued by a foreign government, I think it's good only to establish Chinese ancestry/ethnicity.

http://59.120.30.211/OCAC/Eng/FAQ/List.aspx?nodeid=455

Q. What are documents of proof of Chinese ethnic origin? What is the significance of an Overseas Chinese Identity Certificate obtained on the basis of proof of Chinese ethnic documents?

A.
A document of proof of Chinese ethnic origin means a document of proof of foreign identity that states nationality or ethnicity of the holder as Chinese, or a certificate of Chinese ethnicity issued by a ROC Foreign Representative Office.

Where a person applies for an Overseas Chinese Identity Certificate by submitting proof of Chinese ethnicity, the OCAC will annotate on the Overseas Chinese Identity Certificate issued the fact that the applicant had lodged the application on the basis of such proof of Chinese ethnicity; the substantive validity of such an Overseas Chinese Identity Certificate will be determined by the relevant authority responsible for each specific purpose.

Q. Can an Overseas Chinese Identity Certificate received by application with proof of Chinese ethnic origin be used as a proof of ROC nationality?

A. Pursuant to Paragraph 2, Article 11 of Enforcement Regulations of the Law of Nationality, newly revised and promulgated on April 8, 2004, Proof of ROC nationality documents mean official printout of a ROC household registration record, Personal identification card, personal registration record, Passport, Proof of nationality, Overseas Chinese Registration Certificate, Overseas Chinese Identity Certificate, Proof of ROC nationality in respect of one of the parents of the applicant, together with the birth certificate of the applicant, and other proof of nationality approved by the Ministry of the Interior.

Pursuant to Paragraph 3 of the same Article, an Overseas Chinese Identity Certificate does not include an Overseas Chinese Identity Certificate obtained from an application with proof of Chinese ethnic origin. Therefore, an Overseas Chinese Identity Certificate obtained from an application with proof of Chinese ethnic origin cannot be used as a proof of ROC nationality.


nicksname wrote:And is it even possible for me to establish nationality through these means?


No, not just with those documents. However, it sounds like you should be eligible. If you know your grandparent's ROC ID numbers or something, they might be able to look them up. Once you can get official ROC-issued proof of your grandparent's ROC nationality, you should be all set.

nicksname wrote:It is my understanding that as my grandfather (grandmother being irrelevant due to my mother being a female born before 1980) was/is an ROC national, my mother also enjoys this privilege even if she has not exercised this nationality. As my mother is an ROC national, I am also able to establish ROC nationality as I was born after 1980.


Again, yes, you should be able to do this.
IceEagle
English Teacher with Headband (bǎng tóujīn de Yīngwén lǎoshī)
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