Can someone exit China with a Chinese passport and then exit Hong Kong with an American passport?
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My daughter holds both American and Chinese passports. She has never before left China. We have tried, but she was not allowed to exit from Beijing because she did not have a visa. But she can't get an American visa because she is American, and she cannot get a Chinese visa because she is Chinese. I considered going through Canada, but they would not give her a Canadian visa because she holds an American passport, and so a Canadian visa is not required. I have read that it is possible to enter Hong Kong on one passport and exit on another. Is this still true if one of the nationalities is Chinese? I imagine it wouldn't make a difference except that she is three years old, and we may be asked to show a birth certificate, which would show that she was born in China. Also, her mother would be traveling with us on her Chinese passport (with an American visa). My plan is to have her and her mother get exit permits allowing them to enter Hong Kong on their Chinese passports and then to use my daughter's American passport to leave Hong Kong and enter America. We would be returning three weeks later with the same plan - exit America/enter Hong Kong with the American, exit Hong Kong/enter China with the Chinese. Will this work?
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Answer:
You best bet to ask for advice from the American embassy on what to do, most of us on here will not know the correct ruling on this. The problems stems from that fact that she was born a Chinese national and under Chinese law she can't be a national of another country while on the P.R. of China's soil. This makes her American nationality invalid in regards towards the law of China and dealings with officials acting on behalf of the Chinese government (boarder guards). While as she is a dual nationality with regards to America/Canada law they will treat her as an American. Although it seems possible that your method would but work your passport would then be stamped in the Chinese passport when you entered Hong Kong, if you tried to leave on the Amcerian passport it would be valid because 1. It has no Chinese visa in it plus they will ask questions and refuse her from leaving. 2. Due to the nationality law of China When you came to leave Hong Kong to the USA they would want to see the entry stamp into Hong Kong which would be in her Chinese passport and it seems that Hong Kong is subject to the nationality Law of the People's republic of China as well.... http://www.gov.hk/en/residents/immigration/chinese/law.htm Article 3: The People’s Republic of China does not recognise dual nationality for any Chinese national. and further down No.3 and No.4 again under "Explanations of Some Questions by the Standing Committee of the National People’s Congress Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region" "According to the Nationality Law of the People’s Republic of China, the British Citizenship acquired by Chinese nationals in Hong Kong through the “British Nationality Selection Scheme” will not be recognised. They are still Chinese nationals and will not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People’s Republic of China." "Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People’s Republic of China on account of their holding the above mentioned documents." This suggests that she is still a P.R of China national, and not a P.R. of China/Hong Kong national, under the laws of Hong Kong and her American passport is therefore useless under their law. As a suggestion, the only way around that comes off the top of my head is that your daughter loses her American citizenship for the time being and until she wishes to permanently live in the USA, if I recall correct, she has the right to regain it at a later date, and that she travels under your wife's passport or with her Chinese passport with a American visa, but this leaves short notice to apply for a visa etc etc etc. This way she is no longer a American citizen and can apply for a American visa. However, I do strongly suggest you contract the nearest American consular in China and ask them for advice on what to do, they will know the in and outs far better than any of us.
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Other answers
You can enter Hong Kong with a Chinese passport and a visa Chinese people can get a visa to Visit Hong Kong that should be easy. Once in Hong Kong she can become a US traveler and leave Hong Kong with a US passport.
crzyfrank
Leave China with the exit permit to HK (Show the Chinese Custom Officer the Chinese Passport with exit permit), then when entering HK, use the American Passport (show the HK Custom Officer the US Passport) since US Passport Holder can enter HK visa free. Normally, you need to enter and exit the same country with the same passport, but you can exit one country using one passport and enter another country with another passport (or travel document).
wonster
In **principal** it would work. The only thing is exit permits to Hong Kong and Macau usually only allows 7 days per visit. Unlike the US and Hong Kong, China strictly enforces the regulation that no Chinese citizens can retain dual citizenship. http://en.wikipedia.org/wiki/Two-way_Permit
longliveabcdefg
From what I understand, your plan is viable. I'll leave it up to the regular HK experts in this Y!A category to tell me if I am wrong. Be patient, and one or more of them will show up eventually. EDIT: There you go, one has already arrived!
FED UP TO HERE WITH MAINLANDERS!
you should consult a specialist, this issue is rather complicated
Mar
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