Yes, but under roc nationality law she is still the child of an ROC national cough mainlander.
@RandomName this is true. Your daughter is only a Chinese national according to the Nationality Law of the PRC, which the ROC doesnāt recognize.
I guess this means you donāt have a choice, and your daughter can only live in Taiwan on an ARC. This settles your question.
Yes but she she has no HHR in China, and therefore isnāt recognized by the ROC as a Mainland Area National (or any kind of ROC national). @tando above listed the documents recognized by the ROC that are required to qualify as a Mainland Area ROC national.
I see that in Taiwan the policy is that if a Chinese national holds a foreign passport they can apply for an ARC under usual programs for foreigners.
Which is the OPās intention in the first place yes? He wrote to apply for an ARC for foreigners.
He started this thread to ask whether he should apply for a TARC for his daughter as a Mainland Area ROC citizen, or an ARC as an Australian.
He is not asking whether he can get an ARC for his daughter. (We all know he can.)
Yes well Arc it is then lol.
Ok
@AvaiVayayana more context
Gold card is not APRC though. And no she it not technically an NWOHR. She is just an Australian
Thinking about future⦠re aprc
If you read roc nationality act, she might already be a roc national. When you take into account the meaning of roc national. Being born to an roc national overseas would include being born to a mainland area person overseas.
Good luck with that.
Haha⦠do you think it would be as dramatic as that former Pakistani guys story with the philappina wife? Hahaha
Will probably just go with arc⦠was hoping someone had tried this before and suceeded.
I admire him for his determination. Having gone through the naturalization process myself and having been stateless for a long time I can understand his mindset. Laugh all you like but we have been through the process. Which is why I wish you good luck if you think you can get your daughter to be considered an overseas ROC national. Go for it.
BTW as a previous Gold Card member Fuzzy BBQ who is the Pakistani you refer to, a member on this forum with great contributions especially on buying a house, has been able to get his parents a 1 year visa to stay in Taiwan with him as a Gold Card holder. It also cost him a lot as only TECO in Dubai can issue visaās for Pakistani nationals.
Laughing at my own idea. Not his story.
she isnāt recognized as a prc national without a certificate of it, but she might be requested to provide a certificate that she never has had a hhr in prc to apply for aprc.
Not a lawyer, but work daily with the relevant laws and regulations that would apply.
Unfortunately, I think you might be in for some pain.
- Your wife, a PRC national, unless she has the ability to obtain a skilled visa of her own right may forever be on a temporary āvisiting familyā permit.
- Assuming your wife successfully acquires Australian citizenship, in order to gain foreigner-style permits needs to obtain proof of renunciation, which typically involves a visit to the local HHR in China. Local HHRs donāt always play ball. Visa authorities in China also sometimes donāt play ball when former nationals want in.
- Your daughter has enough China āflavourā that, depending on the official, she could also be asked to provide proof of renunciation. That could involve acquiring nationality enough to renounce it, which may not be possible as an Australian national.
- Depending on how close your daughter is to 18, I personally wouldnāt be taking any steps based on a migration pathway for Chinese nationals. The general trend is moving away from that kind of thing, and obtaining PRC nationality could make future migration status significantly more difficult.
My apologies thought you were laughing at him.
No, laughing at myself.
- my wife is an australian accountant.
- my wife is on path to gain Australian citzenship.
- i could apply for irish citizenship by descent for my daughter⦠im a dual national.