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Child renounce US citizenship

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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Child renounce US citizenship

Postby tankmelon » 16 Oct 2014, 16:46

My daughter was born in the United States, as I was. Mother is Taiwanese citizen - we were looking into possibly applying the Taiwanese citizenship for our daughter (she is on ARC now via her mother). But will this require our daughter to renounce her US citizenship? I think in my case, applying for Taiwanese citizenship would require me to renounce my US citizenship.

Thanks in advance.
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Re: Child renounce US citizenship

Postby Tempo Gain » 16 Oct 2014, 23:34

Good question. For you certainly yes. For the child of a Taiwanese citizen, born here, certainly no. Not sure about your case. Are you in Taipei? I'd go to the basement of the Immigration bureau on Guangzhou Street. They will definitely know. I'll look a bit more.

This suggests "no" pretty strongly

http://www.ychbo.gov.tw/EN/en-304021.html

Article 2

A person shall have the nationality of the Republic of China under any of the conditions provided by the following subparagraphs:

1.His/Her father or mother was a national of the Republic of China when he/she was born.

3.He/She was born in the territory of the Republic of China, and his/her parents can’ t be ascertained or both were stateless persons.
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Re: Child renounce US citizenship

Postby tommy525 » 16 Oct 2014, 23:58

tankmelon wrote:My daughter was born in the United States, as I was. Mother is Taiwanese citizen - we were looking into possibly applying the Taiwanese citizenship for our daughter (she is on ARC now via her mother). But will this require our daughter to renounce her US citizenship? I think in my case, applying for Taiwanese citizenship would require me to renounce my US citizenship.

Thanks in advance.


The rules are different now. I believe that your child can have Taiwanese citizenship by virtue of her TW mom. She can also have US citizenship due to being born in the USA.

Its different then when I was born (US dad, TW mom), when it was one or the other and not both. Unfair because at that time if my dad was a TW citizen and my mom an US citizen, I could have had both citizenships.

In your case, yes you would have to renounce your US citizenship to apply for the TW one.
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Re: Child renounce US citizenship

Postby Bookmark » 17 Oct 2014, 08:26

tommy525 wrote:
tankmelon wrote:My daughter was born in the United States, as I was. Mother is Taiwanese citizen - we were looking into possibly applying the Taiwanese citizenship for our daughter (she is on ARC now via her mother). But will this require our daughter to renounce her US citizenship? I think in my case, applying for Taiwanese citizenship would require me to renounce my US citizenship.

Thanks in advance.


The rules are different now. I believe that your child can have Taiwanese citizenship by virtue of her TW mom. She can also have US citizenship due to being born in the USA.

Its different then when I was born (US dad, TW mom), when it was one or the other and not both. Unfair because at that time if my dad was a TW citizen and my mom an US citizen, I could have had both citizenships.

In your case, yes you would have to renounce your US citizenship to apply for the TW one.

I think you might still be able to have TW citizenship since they changed the rules. The process is just much more complicated after the child of a TW citizen becomes an adult. I don't have it because it would mean military service.
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Re: Child renounce US citizenship

Postby tankmelon » 17 Oct 2014, 12:18

Tempo Gain wrote:Good question. For you certainly yes. For the child of a Taiwanese citizen, born here, certainly no. Not sure about your case. Are you in Taipei? I'd go to the basement of the Immigration bureau on Guangzhou Street. They will definitely know. I'll look a bit more.

This suggests "no" pretty strongly

http://www.ychbo.gov.tw/EN/en-304021.html

Article 2

A person shall have the nationality of the Republic of China under any of the conditions provided by the following subparagraphs:

1.His/Her father or mother was a national of the Republic of China when he/she was born.

3.He/She was born in the territory of the Republic of China, and his/her parents can’ t be ascertained or both were stateless persons.


Thank you for the link. It is Article 9 which is worrisome: A foreign national who applies for nationalization according to Article 3 to Article 7 shall provide the certification of his/her loss of previous nationality.
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Re: Child renounce US citizenship

Postby Tempo Gain » 17 Oct 2014, 13:04

Well, with regards to your daughter, the key words there are "according to Article 3 to Article 7". From what you've said, she should qualify under Article 2.
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Re: Child renounce US citizenship

Postby Atomist » 17 Oct 2014, 15:18

tommy525 wrote:
tankmelon wrote:My daughter was born in the United States, as I was. Mother is Taiwanese citizen - we were looking into possibly applying the Taiwanese citizenship for our daughter (she is on ARC now via her mother). But will this require our daughter to renounce her US citizenship? I think in my case, applying for Taiwanese citizenship would require me to renounce my US citizenship.

Thanks in advance.


The rules are different now. I believe that your child can have Taiwanese citizenship by virtue of her TW mom. She can also have US citizenship due to being born in the USA.

Its different then when I was born (US dad, TW mom), when it was one or the other and not both. Unfair because at that time if my dad was a TW citizen and my mom an US citizen, I could have had both citizenships.

In your case, yes you would have to renounce your US citizenship to apply for the TW one.

My family got Italian citizenship (I'm part Italian) by challenging that sort of law in court, arguing it was sexist and unconstitutional. We won and got the citizenship so I'm a dual national of the US and Italy (and the European union by association). I'm going to try and collect TW citizenship for my kids if I end up in TW, at which point they'd have triple or more citizenship :eek:
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Re: Child renounce US citizenship

Postby tankmelon » 17 Oct 2014, 15:26

Tempo Gain wrote:Well, with regards to your daughter, the key words there are "according to Article 3 to Article 7". From what you've said, she should qualify under Article 2.


I see, so she is already nationalized, so to speak. Seems that should work. Me, I'm always paranoid about those last-minute gotchas, but we may give it a try in the near future. Thanks again.
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Re: Child renounce US citizenship

Postby Zla'od » 17 Oct 2014, 18:09

Another, tangential issue is that children are not allowed to renounce their U.S. citizenship until they are old enough to understand what they are doing (say, the early teens), and even then they can reverse it when they turn 18.
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Re: Child renounce US citizenship

Postby tankmelon » 19 Oct 2014, 00:04

Zla'od wrote:Another, tangential issue is that children are not allowed to renounce their U.S. citizenship until they are old enough to understand what they are doing (say, the early teens), and even then they can reverse it when they turn 18.


Ok, well I guess should ask if anyone has actually gone through getting the TW citizenship, and is there an explicit request for the applicant to renounce citizenship, with the stated exemption for children?
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