Dual Citizenship for Chinese Citizens
Unlike many countries, China officially does not recognize dual citizenship. This imposes serious restrictions on those seeking to obtain a second passport. Nevertheless, for many investors and entrepreneurs, a second passport becomes the key to global mobility, tax planning, and asset protection. A well-structured strategy allows minimizing the risks of losing rights and leveraging the benefits of international status.
Our team of lawyers supports Chinese citizens in the process of obtaining a second citizenship: from selecting suitable programs to consultations on legal consequences and protection of interests in China. We take into account all legal nuances related to national restrictions and offer practical solutions for investors, families, and businesspeople.
Chinese Legislation on Dual Citizenship
The issue of citizenship in China is primarily regulated by the Nationality Law of the People’s Republic of China, adopted on September 10, 1980, and still in force today. This law defines the conditions for acquisition, restoration, and loss of Chinese citizenship. Key provisions:
- Article 3 directly establishes the principle: “China does not recognize dual citizenship for Chinese citizens.”
- Article 9 specifies that a PRC citizen who voluntarily acquires the nationality of another country automatically loses Chinese citizenship.
- Article 13 provides the procedure for renunciation of citizenship by personal application, but only with the consent of government authorities.
Thus, at the legislative level, there is a strict prohibition on simultaneously holding Chinese and another country’s passports.
The PRC government takes a firm position on dual citizenship. Any attempts to retain Chinese nationality while obtaining a foreign passport are considered a violation of the law.
If a Chinese citizen obtains a passport of another country, they automatically lose PRC citizenship. Those who acquire foreign citizenship lose the right to Chinese passports and internal documents (e.g., hukou – household registration). Attempts to conceal the possession of a second citizenship can lead to serious legal consequences.
For PRC citizens, the consequences of attempting to retain dual citizenship can be extremely serious:
- Automatic loss of citizenship: upon acquiring a foreign passport, Chinese citizenship is terminated by law (Art. 9).
- Loss of domestic rights: such individuals lose access to social benefits, healthcare, and the right to enroll children in public schools.
- Legal liability: concealing the fact of holding foreign citizenship may result in refusal to issue documents, fines, or administrative measures.
- Entry restrictions to China: former PRC citizens are considered foreigners and must obtain visas to enter.
Our legal team advises Chinese citizens on international law, second citizenship planning, and minimizing legal risks. If you are considering a second passport, contact us, and we will help find legal and safe solutions.
Is Dual Citizenship Allowed in China?
The question of whether China has dual citizenship and is dual citizenship allowed in China is one of the most frequently asked among Chinese citizens, emigrants, and investors. According to the PRC Nationality Law of 1980, China officially does not recognize dual citizenship, and any person who voluntarily obtains another country’s passport automatically loses Chinese citizenship. Formally, Chinese citizens cannot simultaneously hold two passports.
Many Chinese citizens who have emigrated abroad retain Chinese documents while acquiring second citizenship, often secretly. However, this status has no legal protection in China. If discovered, the person may lose citizenship, hukou registration, and associated social rights.
Special exceptions are extremely rare and concern only highly qualified specialists and investors whose interests are strategically important to the country. But even in these cases, it is not full dual citizenship, but separate permits from the authorities. Unlike some countries where a second passport is normal, China does not offer dual citizenship in the usual international sense.
China–US Dual Citizenship
From the US side, the situation is different. American law allows dual citizenship. A person who has obtained an American passport is not required to renounce their previous citizenship if their country does not require it. That is why many Chinese living in the US effectively retain two passports. But in China, this status will not be recognized. Upon detection of a second citizenship, the person legally ceases to be a PRC citizen.
Chinese citizens may qualify for US citizenship on several grounds:
- Naturalization through a green card: residing in the US for at least 5 years (or 3 years for spouses of US citizens) with knowledge of English and US history.
- Birth in the US: children of Chinese parents born in the United States automatically acquire American citizenship under jus soli.
- Through marriage: marrying a US citizen and residing in the country for the required period.
- Investment programs (EB-5): obtaining a green card through significant investment in the US economy, with the subsequent possibility of naturalization.
Many try to retain both passports, using foreign documents abroad and Chinese ones domestically. However, this path carries risks. If a second citizenship is detected, Chinese authorities may annul documents and revoke rights.
Dual Citizenship with Other Countries
European countries are traditionally more flexible regarding dual citizenship. The United Kingdom officially allows citizens to hold multiple passports, making it a popular choice among emigrants and investors. France, Germany, Italy, and Spain allow dual citizenship, although in some cases additional conditions apply (proof of special ties or long-term residence). Cyprus and Malta offer citizenship-by-investment programs. With significant investments in the economy, one can obtain an EU passport and retain citizenship of another country.
For Chinese citizens, this means freedom of movement within the European Union, access to education and healthcare, and entry to international financial markets.
Canada also allows dual citizenship, and its passport is considered one of the most convenient for travel. An additional advantage is access to a developed social system and opportunities for families.
In most Asian countries, the practice is much stricter. Singapore does not allow dual citizenship, requiring renunciation of the previous passport. Japan obliges adult citizens to choose one citizenship. The UAE and Persian Gulf countries traditionally prohibited dual citizenship but in recent years have begun making exceptions for investors and specialists.
Reasons for the Ban on Dual Citizenship in China
The main reason is the requirement for absolute loyalty to the state. Chinese authorities believe that possessing a second passport can cause a conflict of interest, especially regarding military service, taxes, and participation in elections. The ban on dual citizenship ensures that each citizen is subject to only one legal system and must protect the interests of the PRC.
Unlike countries that use dual citizenship to strengthen their diaspora, China seeks to maintain control over the number and distribution of citizens. The hukou system (residence registration) is closely linked to social benefits, education, and healthcare. Allowing dual citizenship could complicate access to these resources and create social tension.
China considers foreign passports a potential threat, particularly in public service and defense. Persons with dual citizenship could face dual legal obligations and even create risks of sensitive information leakage.
Recognition of two passports simultaneously would complicate law enforcement. This concerns not only taxation but also legal obligations: from court proceedings to military service.
International aspects of citizenship require a professional approach. Our team advises Chinese citizens and the Chinese diaspora on the legal consequences of obtaining a second passport, legal options for residence and business abroad without losing rights, preparation of documents for emigration, investments, and visa programs, minimizing risks in second citizenship planning, and protecting family interests.
If you are considering obtaining a foreign passport, it is important to understand the legal risks in advance. Contact us now, and we will help develop a legal, safe, and effective strategy.
