Will overseas Chinese with foreign nationality or green card be cancelled in China?

The problem of dual nationality, which everyone has been concerned about before, has now been solved. I just don't know if you can accept this solution. Let's take a look at the issues we care about, and look down together.

New Deal

Overseas Chinese with foreign nationality or green card will be forced to cancel their China hukou

According to Article 46 of the Regulations on the Administration of Permanent Residence in Shanghai issued by the Shanghai Public Security Bureau on March 9,

"If you go abroad to settle down or join a foreign nationality, you should go through the cancellation of your hukou registration with the local police station. If the household registration has not been cancelled, the police station shall promptly inform the person, close relatives, head of household or collective household coordinator, and refuse to cancel the household registration or cancel the household registration within one month after notification. "

Simply explain this passage, which means that from May 1st this year, Shanghai residents who have settled abroad or joined foreign nationalities must voluntarily cancel their accounts within one month; Otherwise, the public security bureau will automatically help you cancel!

first of all, it's easy to understand that you should take a foreign nationality. But "going abroad to settle down" is more interesting.

Let's take a look at the official explanation given by the Overseas Chinese Affairs Office of the State Council:

"Settlement" means that China citizens have obtained the permanent or permanent residency in the country where they live, and have lived in the country for two consecutive years (and the cumulative residence in these two years is not less than 18 months. Moreover, even if a China citizen has not obtained the right of permanent residence in the country of residence, but has obtained a legal visa for more than five consecutive years (including five years), and has lived for 3 consecutive months in these five years, it will be regarded as "settlement".

Therefore, from the standard answer given by the Overseas Chinese Affairs Office, we can see that people who hold the status of "permanent residence" overseas will be regarded as settled;

Moreover, the permanent residence status in the UK can basically be regarded as a "permanent" visa, which must be more than five years, so it meets the standard of "settlement" in any case.

Furthermore, other Shanghai residents who hold legal visas and "live overseas for a long time" are also at risk, because as long as they meet the condition of "staying for 3 months in five years", they can't escape being regarded as settled.

So, at that time, either you will voluntarily cancel it, or the public security organ will force you to cancel it.

Overseas students and overseas employees are not subject to this restriction.

At this point, many people with student visas or work visas will be very flustered and want to say that they really haven't got permanent residence, but they have been away for many years. Will this be affected?

In this regard, this Regulation also makes an explanation. Article 3 mentions: "Residents with permanent residence in this city who do not live in this city and have nowhere else to settle down due to reasons such as going to other provinces, cities or countries (overseas for work and study) can move into public households in the community where their residence is located."

Moreover, from the explanation previously given by the Overseas Chinese Affairs Office, we can also see: "China citizens are not regarded as overseas Chinese (that is, they are not considered to be settled) during their study abroad (at their own expense or on official business)."

So to put it simply, the New Deal this time is more aimed at Chinese who have obtained permanent residence (green card) but have not yet become foreigners.

In fact, this new account management policy, which will be implemented from May 1st this year, has always existed. Only this time, the stricter revision can be regarded as the official's intention to start "real" implementation.

In the 21 edition of the old regulations, Article 12 reads: "Residents of this city who go abroad or leave the country shall not cancel their accounts. Residents of this Municipality who have settled abroad or abroad shall declare the cancellation of their accounts in accordance with the relevant provisions of the state and this Municipality on exit and entry administration. " The old regulations actually require the parties who have settled abroad to take the initiative to cancel their Shanghai accounts; However, few people will actually do it.

Moreover, in the old version of Article 12, it was also written: "Residents of the original city who have obtained permission to settle in a country or region and want to settle back in Shanghai for reasons such as visiting relatives or work, with the approval of the exit-entry administration department of the Municipal Public Security Bureau, will go through the formalities of restoring their household registration by the police station." However, in the latest revised regulations, this article has also been deleted.

It seems that the government wants to really "move" and take the initiative to check out these Chinese who have Shanghai hukou but have settled abroad; Moreover, it seems that I don't want to give a chance to change my mind

In addition, there is another possibility that worries overseas Chinese, that is, this policy reform in Shanghai is likely to be a test for the gradual implementation of the whole country in the future. Then, I am afraid that there will be more and more overseas Chinese affected by that time < P >. However, it is also reported that the relevant regulations in Shanghai may be issued based on the characteristics of the local household registration system and the proportion and development of the local population, which is not universal for the whole country. So it's still hard for us to say what kind of development will happen in the future ...

What should we do without hukou

As we all know, the existence of hukou is very important in China. Without an account, it is only a trivial matter to enjoy the preferential policies in China, and even buying a house, applying for a certificate and opening an account are extremely troublesome. Moreover, in principle, the account has been cancelled, and the identity card should also be recovered by the public security bureau where the original account is located according to regulations; This doesn't mean that the ID card will also lose its validity

Well, fortunately, the Overseas Chinese Affairs Office has given a standard answer to the need for overseas Chinese to reissue their "China identity", which is intercepted here for your reference:

Q: Holding a foreign long-term residence and a China passport, the policy has cancelled the China household registration. Chinese identity cards are urgently needed. How to get them quickly and simply?

A: according to the provisions of the resident identity card law, overseas Chinese who are approved to return to China for settlement meet the conditions for applying for a resident identity card. Overseas Chinese can apply to the Overseas Chinese Affairs Department of the local people's government at or above the county level where they intend to live. If they meet the requirements, the Overseas Chinese Affairs Department of the people's government at the provincial or municipal level will issue the Certificate of Overseas Chinese Returning to China for Settlement, and the overseas Chinese themselves will register their permanent residence in the public security organ at the county level where they intend to live, and obtain a resident identity card.

Q: I went abroad from the end of 198s to the beginning of 199s. Due to the imperfect exit-entry management policy at that time, my ID card and hukou that were forcibly cancelled can I properly solve it now?

A: according to the provisions of the resident identity card law, overseas Chinese who are approved to return to China for settlement can apply for a resident identity card. To apply for overseas Chinese to return to China and settle down, they should apply to the overseas Chinese affairs department of the local people's government at or above the county level where they intend to live. If they meet the requirements, the overseas Chinese affairs department of the provincial or municipal people's government will issue the Certificate for Overseas Chinese to Return to China and settle down, and the overseas Chinese themselves will register their permanent residence in the public security organ at the county level where they intend to live, and obtain a resident identity card.

Q: If a person is abroad and his ID card has expired, can he ask his family in China to do it for him, or can he change his ID card directly at the China Embassy?

A: according to the provisions of the resident identity card law, citizens under the age of 16 can apply for resident identity cards on their behalf by guardians, except in this case, they should apply for, renew and reissue their resident identity cards by themselves. Resident identity cards are uniformly produced and issued by public security organs. Therefore, you need to apply for them in the local police station. China embassies and consulates abroad have no responsibility to apply for resident identity cards.

Q: Chinese people need personal documents to handle fixed assets, pensions, real estate, self-funded medical care, tourism, industry and banking-related businesses in China after canceling their household registration and identity cards, but foreign passports cannot be used in some aspects. What should be done?

A: According to the provisions of the Nationality Law of China, China does not recognize dual nationality, so you will automatically lose your China nationality after you acquire foreign nationality. The lawful property of former China citizens who have joined foreign nationalities in China is protected by law, and they can register information change in relevant departments in time. A foreign passport is an identity certificate for handling relevant affairs in China. When registering information change, it is required to issue relevant certificates and notarial authentication that the foreign passport holder is the same as the original Chinese resident ID card and the China passport holder.

Q: Overseas Chinese who apply to resume their household registration in China and obtain Chinese identity cards must fill in a declaration form of voluntarily giving up their residence abroad and sign it. Excuse me, if you don't live in China after obtaining your ID card, will you automatically cancel your Chinese ID card?

A: according to the current laws, overseas Chinese who are approved to return to China for settlement can apply for resident identity cards. When applying for returning to China to settle down, the overseas Chinese affairs department of the government will ask the applicant to provide a statement of abandoning the qualification for residence abroad. Resident identity cards are closely related to household registration, both of which belong to the management authority of the public security department. If the public security department cleans up the household registration and requires citizens who have settled abroad to cancel their household registration, their resident identity cards will be cancelled at the same time.

Q: Chinese people are different from foreigners. According to national regulations, they must cancel their household registration and identity cards. However, due to various difficulties in people's livelihood, Chinese people try their best to keep their household registration and identity cards. Are there any new legal provisions in this regard?

A: According to the provisions of the Nationality Law of China, China does not recognize dual nationality, and China citizens automatically lose their China nationality after acquiring foreign nationality, and no longer keep their household registration and identity cards. At present, there are no new regulations on this.

Q: There are restrictions for Chinese people to buy high-speed rail tickets in China with passports and stay in hotels. Online appointments for medical treatment, use of public transportation equipment and opening of accounts are also impossible because they don't have ID cards. How to solve this problem?

A: starting from June, 26, the permanent residence permit for foreigners was renamed as "permanent residence identity card for foreigners", and the style and technical standards of Chinese resident identity cards were adopted, which facilitated the holder to handle social affairs.

Q: Do children born abroad who only hold China passports and have no registered household registration in China have to go back to China after the age of 18 to apply for identity cards before they can enjoy the rights of China citizens?

A: China citizens who have settled overseas enjoy the same rights as citizens who live in China. It is convenient for them to handle affairs in China when they return to China and apply for resident identity cards.

Q: how do you identify yourself as an overseas Chinese after working and living overseas for more than 7 years? Which department do you need to apply to and what supporting materials do you need? Can people apply overseas?

A: if overseas Chinese need to be identified as overseas Chinese by the overseas Chinese affairs department of the government when handling specific affairs such as returning to China for settlement, they can apply to the overseas Chinese affairs department of the people's government at or above the county level according to relevant regulations. To identify overseas Chinese, I need to provide passport, foreign residence permit and notarial certificate or authentication certificate issued by foreign embassies and consulates.

Q: I have lived in Shanghai for more than ten years, and I can't do anything without an ID card. Can I issue a certificate similar to an ID card to foreign Chinese who have lived in China for a long time to facilitate their lives and work?

A: starting from June, 26, the permanent residence permit for foreigners was renamed as "permanent residence identity card for foreigners", and the style and technical standards of Chinese resident identity cards were adopted, which facilitated the holder to handle social affairs. If you meet the requirements for foreigners' permanent residence, you can apply for a foreigner's permanent residence identity card.