This article explains how parents can apply for an Exit and Entry Permit (出入境通行证 churujing tongxingzheng) or a Travel Document (旅行证 lvxingzheng) on behalf of a dual nationality child. Our law firm can help you analyze whether this or a different travel document is best for your child.
Background
Certain children may automatically acquire Chinese citizenship at birth (in China or abroad) if one or both parents are Chinese. See Who Automatically Acquires Chinese Citizenship at Birth?
At the same time, the child may automatically acquire or qualify to apply for foreign citizenship. For example, a child born in the U.S. is normally a citizen. And a child born outside the U.S. to one citizen parent and one noncitizen parent automatically acquires citizenship at birth if the parents are married and the citizen parent was previously physically present in the U.S. for periods totaling not less than 5 years, at least 2 of which were after age 14. INA § 301(g). See Guide to Aquisition of U.S. Citizenship by Birth Abroad.
According to the Exit and Entry Administration Law, article 9, a Chinese citizen who exit or enter China shall hold a passport or other travel document.
But, if the child holds a foreign passport, the Chinese government is unwilling to issue a Chinese passport. That’s because under China’s Nationality Law, article 4, the PRC government doesn’t recognize a Chinese citizen’s foreign nationality. And this has been interpreted to mean that it would be a nationality conflict (国籍冲突) to issue a Chinese passport to a dual nationality child holding a foreign passport. See Ministry of Public Security, Working Rules for Managing Issuance of Exit and Entry Permits article 16 (2007).
Exit and Entry Permit
What is an Exit and Entry Permit?
This is a permit for a Chinese citizen to depart and return to China within 3 months of departure. It is issued in circumstances where it is inappropriate to issue a regular passport due to the applicant’s nationality conflict, namely that the individual already holds a foreign passport.
I’ve heard parents inaccurately refer to the Exit and Entry Permit as an “exit visa” for their baby. But remember that this is not a visa granted to a foreign national. Instead, it’s a travel document (not unlike a passport) granted to a Chinese citizen whom the Chinese government has deemed unqualified for a passport. The inside cover states, “The Ministry of Foreign Affairs of the People’s Republic of China requests all civil and military authorities of foreign countries to allow the bearer of this permit to pass freely and afford assistance in case of need.”
Still, as a practical matter, the only authorities who will need to review this document are the Ministry of Public Security’s border control troops at the airport, sea port, or land border when the child seeks to exit and reenter China.
What are the requirements for issuance of an Exit and Entry Permit?
- Applicant is a Chinese citizen
- Applicant holds a foreign passport
- In some cities, the applicant will be required to cancel their hukou, if they have one. The National Immigration Administration has stated that this is not a national policy, but the requirement persists in some cities.
| City | Is applicant required to cancel their hukou? |
| Beijing | Yes |
| Shanghai | No |
| Shenyang | Yes |
Note that hukou cancellation does not amount to renunciation of PRC citizenship. The child remains a PRC citizen but no longer will have access to benefits that depend on a hukou (e.g., treatment as a local for purposes of attending public schools and medical insurance).
Application Procedures
- Apply at the Exit and Entry Administration of the Public Security Bureau in the district of residence (居住地). See Working Rules.
- The child must come in person to be photographed on the spot. One parent must either come in person or be represented by an agent with a national ID and power of attorney.
- The applicant’s identity should be checked in the public security bureau’s “nationwide legal database of persons not permitted to leave China” and “nationwide state personnel database.” See Working Rules.
- PSB processing time is typically about 5 work days.
- The application fee is 15 RMB.
Required Documents
- Application form
- One recent two-inch photograph
- Foreign passport
- Birth certificate. If the birth was abroad, this should be apostilled and accompanied by a Chinese translation by a translator acceptable to the local PSB. The PSB may require a copy of the translation company’s license.
- Most recent Exit and Entry Permit or Travel Permit (not required for first-time applicants)
- Evidence of the applicant’s district of residence, namely, the PRC citizen parent’s local hukou (户口) or residence permit (居住证). See State Council, Interim Regulation on Residence Permits (居住证暂行条例), Order No. 663 of the State Council, issued Nov. 26, 2015, effective Jan. 1, 2016 (“A citizen who leaves his or her place of permanent residence, resides in another city for more than half a year, and satisfies one of the conditions of having a legal and stable job, having a legal and stable residence, continuously attending school may …. apply for a residence permit.”).
- Foreign parent’s valid passport (original and copy of the ID page and visa page)
- Chinese parent’s national ID card and household registration booklet (original and copy)
- Parents’ marriage certificate. If the marriage was abroad, this should be apostilled and accompanied by a Chinese translation by a translator acceptable to the local PSB. The PSB may require a copy of the translation company’s license.
- If the child was born out of wedlock, there may be additional documents required.
- Applicant’s hukou, if any.
The PSB exit and entry administration’s procedures for issuance of an Exit and Entry Permit differ slightly depending on the locality:
Booking a Flight
Book the child’s flight with the foreign passport, then upon checking in to the flight departing China, show that passport. When passing through border control, show the exit and entry permit as evidence the child has a right to leave, and show the foreign passport (with a visa if needed) as evidence the child has a right to enter the country of destination. When reentering China, show border control the exit and entry permit as evidence the child is a PRC citizen with a right to enter China.
Travel Document
If abroad, the child may apply for a Travel Document (旅行证 lvxingzheng) at the PRC embassy or consulate with jurisdiction over their place of residence. The document is valid for multiple entries to China over a 2-year period. Like the Exit and Entry Permit, the Travel Document may be issued to a PRC citizen ineligible for a PRC passport due to a so-called nationality conflict.
There is no age limit to apply for a Travel Document. While our firm is unaware of any public rule in writing on this point, the Chinese Consulate in Los Angeles and the Chinese Embassy in Washington, DC, have both told this to our firm.
The Chinese Consulate in Los Angeles uses a “Chinese Consul” (中国领事) App for purposes of travel permit applications. The application form and the following supporting documents are submitted via the app.
- Current foreign passport
- Passport-style photo
- Parents’ marriage certificate
- Proof of long-term foreign residence address for the minor
- Proof of entry to the U.S.
- Birth certificate
- Copy of parent’s valid China passport or ID card
- Declaration of Consent to Apply for a Passport/Travel Document signed by a parent
The Consulate will review the materials submitted, leaving messages in the app if the materials need to be supplemented, or confirming that the materials are complete.
If the materials are complete, the Consulate will request that the applicant mail in certain original documents.
Payment can be submitted by credit card or WeChat.
The Consulate may then conduct an interview through the app’s videoconference function.
The processing time is about 15 days.
The Travel Document contains these notes:
- This travel document is an identity certificate for travel purpose in lieu of a passport and is valid for travel to all countries.
- The bearer of this travel document is a citizen of the People’s Republic of China. The issuance, replacement, reissuance and endorsement of this travel document shall be effected [sic] by the diplomatic and consular missions of the People’s Republic of China in foreign countries, or other Chinese overseas agencies duly authorized by the Ministry of Foreign Affairs of the People’s Republic of China.
- This travel document contains 32 (numbered) pages. It is valid for two years, unless otherwise stated. It must be replaced with a new one when its validity period expires or it has no further space for visas.
- This travel document shall be kept carefully and used properly. lt shall not be mutilated, tampered with, or transferred to another person for unlawful use. Any case of loss or destruction should be immediately reported to the nearest issuing authority and the local police or public security authorities.
Other Options to Consider
Depart and Reenter China with a PRC Passport: If the child is a PRC citizen, you should be able to obtain a PRC household registration booklet (户口 hukou) and PRC passport, prior to obtaining a foreign passport. To exit China, a PRC citizen is required to show the PRC passport (or other PRC travel document). See Exit-Entry Administration Law (EEAL), art. 11. The PRC passport would need to have a visa valid for the destination country unless no visa is required. EEAL, art. 9.
The problem that arises is that some countries, such as the United Kingdom and United States, will not issue visas to their own citizens:
- United Kingdom: According to the UK government, a person “may not obtain a visa for the UK in a Chinese passport if you also hold a British passport.” So if the child already holds a British passport, you may need to either relinquish it to apply for a UK visa in the child’s PRC passport or travel to the UK through a third country.
- United States: The U.S. will not normally issue visas to its own citizens (9 FAM 40.2 N1) and requires citizens to enter with a U.S. passport (7 FAM 085), with limited exceptions. One limited exception is that the U.S may issue a “pro forma” visa in the PRC passport where the U.S. consulate believes it is required to facilitate a citizen’s departure from China.
So, in those cases, a dual national child may need to travel to the United Kingdom or United States via a third country or region.
One option may be travel through Hong Kong or Macao. The PRC citizen child may be able to obtain a Hong Kong and Macao travel permit (往来港澳通行证). The child could leave the Mainland with that permit, then leave Hong Kong or Macao with the foreign passport. This would appear to comply with Chinese law because the Exit and Entry Administration Law does not apply in Hong Kong (HK Basic Law, Annex III) and Hong Kong doesn’t have a parallel requirement that PRC citizens exit with a PRC passport.
Similarly, upon returning to China, a PRC citizen is required to present the PRC passport (or other PRC travel document). EEAL, art. 11.
Renounce PRC Citizenship: The child may apply to renounce the PRC citizenship and then obtain a PRC visa in the foreign passport.
Questions or comments?
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