And I proved the contrary. I also proved that there is no different treatment for Taiwanese in Mainland China, being required to apply for valid ID is no different treatment from ordinary Chinese citizens and Taiwanese can even apply for a PRC passport if they want to.
Your wife needs to apply for a Taibaozheng, you should then have your marriage certificate translated to Simplified Chinese. If your marriage certificate was issued by a government OTHER than the one in Taipei, have it seen and authenticated at the nearest available PRC overseas mission. While you are at it, do the same with your wifeās household registration transcript. That should be authenticated by another body, more the like of SEF/ARATS, but please inquire with the Mainland Affairs Council or BoCA about this.
Step (2)
Once you have these documents, apply for a L-Visa for foreign spouses, attach the above documents for support. That visa can be extended at your nearest Public Security Bureau in Mainland China.
As far as Step 2 is concerned, you may want to research in Mainland China expat forums. From the moment your wife has her Taibaozheng and registered address in Mainland China, you are not different from any other foreign spouse of a PRC citizen, so the same procedures and regulations apply to you.
If Taiwanese want to be citizens in China, they have to give up their Taiwanese citizenship first, give up their household registration, give up their passport, everything. They have to change citizenship first. That is what is required to be treated the same.
Incorrect again. You have no clue about the legal situation despite the various laws I have quoted.
It is impossible for Taiwanese to naturalise as PRC citizens as they are already citizens of the PRC.
Changing household registration from Taiwan to a Mainland Province has no consequences under PRC nationality law.
Also, changing the household registration from Taiwan to a Mainland Province does not result in losing ROC nationality under ROC law. One may become ineligible for a ROC passport and looses the right of abode in the Taiwan Area, but these are consequences stipulated in the āAct governing the relations of people in the Taiwan Area with people from the Mainland Areaā and not the ROC nationality law.
And as a final proof I attached my LĆ¼xingzheng to this post, itās the document I use to travel to Mainland China.
Carefully read Note No. 2: The bearer of this travel document is a citizen of the Peopleās Republic of China".
If you are still not convinced, you may send a letter to the PRC government in Beijing and ask if Taiwanese are PRC citizens or not.
If you lose the right to live in Taiwan, lose the right to a Taiwan passport, lose the right to vote etc, one could hardly say you are still a citizen of Taiwan.
Can you point to anyone who currently holds passports from both countries? If this dual citizenship you claim is so common, then the should be plenty of examples.
Overseas Taiwanese do not necessarily have the right to live in or even enter Taiwan. They also cannot vote or run for office. Former British subjects in Hong Kong who now have BN(O) status do not have right of abode in the UK, yet can run for office and qualify for honours.
Most countries in the world do not make much differences between their citizens, some do. There is no universal law when it comes to nationality.
There is mutual non-recognition between the PRC and ROC as legally both claim to be China. Hence there is only one Chinese nationality and no such thing as dual nationality of Taiwan and China. A Taiwanese is by both PRC and ROC considered to be a citizen. A Mainland Chinese is considered by both PRC and ROC to be a citizen.
Under ROC law one may not hold a passport issued by mainland authorities or otherwise lose right of abode in the āFree Area of the ROCā. That is not a provision of the Nationality Law of the ROC though and therefore holding a PRC passport does not lead to losing ROC nationality.
In fact Mainland Chinese who settled abroad, i.e. have a green card for 4 years become eligible for a ROC passport and do not require naturalisation as they are already considered ROC nationals.
It is estimated that about 1,000,000 Taiwanese exercise their citizenship rights as Chinese citizens in Mainland China by residing there and working there without the restrictions of work permit or visas imposed on foreigners. There is no need to change the household registration from Taiwan to a Mainland Province for that either. Just like a person from Shanghai who works in Beijing generally does not change household registration and many people from Tainan who work in Taipei did not change their household registration.
You seem to live in a fantasy land where Taiwan and China are the same. They arenāt, and the vast majority of Taiwanese agree that they are two separate countries.
No they donāt. It is impossible under Taiwanese or PRC law for a Taiwanese to give up their Taiwanese citizenship to become Chinese. Seriously, where do you get this from?
A Taiwanese can simply take his Taibaozheng or LĆ¼xingzheng or any other ID card the PRC issues him and live and work in the PRC like any other Chinese. No need to give up anything for that. Accepting a PRC passport leads to trouble with the Taipei government, but Passport =/= citizenship.
Can someone from Hong Kong have both a normal PRC and a HKSAR passport? No.
Does that mean someone from Hong Kong is not a PRC citizen? No.
There is only one Chinese citizenship that is shared by people in Mainland China, Hong Kong, Taiwan and Macau.
Legally - in the formal and material sense - there is no such thing as a distinct citizenship for Hong Kong, Taiwan or Macau. There may be residential restrictions, but these also apply in the case of Overseas Taiwanese.
To vote in ROC elections one must maintain Household Registration in the Free Area, that is Jinmen (Fujian Province) or Taiwan.
According to PRC law a Taiwanese does not need to give up anything.
According to ROC law a Taiwanese does not need to give up anything unless he wants a passport issued by Mainland China. See above for my Hong Kong analogy. If a Taiwanese merely exercises working rights and residence rights in Mainland China - key elements of citizenship - there is no restriction under ROC law.
You confuse the law, which I have extensively quoted, with your own sentiment that Taiwan and China are different countries.
Whether I or you believe Taiwan and China are two different countries (or not) is entirely irrelevant to the Nationality Law of the PRC.
You need to differentiate between the legal situation in PRC and ROC - and that is what caused an unpleasant situation for you and your wife - and your feelings. There is no point arguing the latter when the former does not conform with your point of view.
So, basically, all I need to get a spouse visa is my marriage registration? Or also some kind of proof that my wife works in PRC? I am quite sure that she doesnāt need to apply for any permits. Once she gets her visa stamped in the airport upon arrival she has the same rights as any PRC citizen. So how do I get that spouse visa?
Whether I or you believe Taiwan and China are two different countries (or not) is entirely irrelevant to the Nationality Law of the PRC.
You need to differentiate between the legal situation in PRC and ROC - and that is what caused an unpleasant situation for you and your wife - and your feelings. There is no point arguing the latter when the former does not conform with your point of view.[/quote]
A few pages back someone with a Taiwanese wife asked about his residence rights in Mainland China. I gave him a valid suggestion that has worked many times before. You ācalled BSā on what I wrote and I proved you wrong.
And you are telling me that I missed the point in a thread on rights of spouses of Taiwanese?
I think you missed the point. What you wrote belongs into politics and not legal. This thread is about the way things are in the eye of the law and how they affect residence rights, not how you believe things should be. I respect you opinion on the relationship between Taiwan and Mainland China, but how does that affect the way government offices operate? Zero!
Well Iāll certainly agree with you that the last couple of pages is off-topic. However, with no mention of taibaozheng, or procedures or anything like that, your original post is very misleading. It reads as if his wife can simply jump on a plane to China and have full rights. Which is not the case. At the very least, she needs to apply to specific documents before leaving.
You do not need to wait until your wife has entered the PRC. You should be able to apply with her Taibaozheng, her ROC ID card, her household registration and your marriage certificate at the nearest PRC overseas mission. In your case I would advise application in person as there may be some questions, just like there are some questions when foreigners join their local spouse in Taiwan.
Your wife does not require a work permit in the PRC as by the PRC government she is considered a citizen. The PRC overseas mission or local Public Security Bureau may be interested in proof of income / funds and that you two have a place to stay.