I wanted to ask a question for those who have understanding of the Taiwanese nationality law. I will try to be as brief as I can. My mother was born in 1959, in a country which is neither Mainland China nor Taiwan. Her father (let’s call him Mr. Wu) was born in Guangdong, China in 1919, his family was related to someone in the local power, probably related to the Koumingtan, most of his male family members were executed by the Communism around 1949, while the women were sent to Gulags and the children had to fend by themselves at the streets. Mr. Wu fled Mainland China, and started a new life in my current country.
Mr. Wu legally married my grandmother (let’s call her Ms. Fong) around 1953 in my country according to the local law, my grandmother was a national of my country, however, her father (Let’s call him Mr. Fong) was born in Guangdong in 1909. Mr. Fong left Mainland China due to the WWII and wasn’t related to any political struggle. He was hired by an American Oil extraction company as a cooker, ended up marrying a local (who happen to be a Chinese descendant also, from a much earlier wave).
From the union of Mr. Wu and Ms. Fong, my mom was born in 1959. Mr. Wu died around 1994 and never returned to China or Taiwan.
I was reading in the internet that Taiwan still follows the " JUS SANGUINIS" principle, whereas my mother could claim “ancestral” ties with the Republic of China (not the P.R China) even from both directions, her father and her grandfather. I believe the Taiwanese Overseas Nationality would apply to her.
What do you guys think about this? Is it possible or no? Our country does not even have a Taiwan representation thus is so hard for me to contact anyone with enough knowledge. But a least I’d like to know if we “have a case” here.
If your mother can provide a certificate of her ROC nationality, I think she may get a passport.
The certificate defined in Subparagraph 1 of Paragraph 1 refers to any of the following documents:
Household registration record.
National ID Card.
Passports.
Nationality Certificate.
Overseas Compatriot Registry Certificate.
Overseas Compatriot Identity Certificate, but does not include a certificate issued by the Overseas Compatriot Affairs Commission after the applicant submits a certificate of Chinese descent.
The ROC nationality certificate of one of the applicant’s parents(added: father’s certificate in your mother’s case) and the applicant’s birth certificate.
Certificate of naturalization.
Other certificates recognized by the MOI.
Overseas Compatriot Registry Certificate cannot be a nationality certificate if it is too old and TECO cannot confirm its validity.
If your mother’s father had PRC documents, no chance.
There is a problem about those documents that you are referring. My grandfather literally ran away from China and we are talking about 1949, in the midst of a civil war, that my grandfather family was losing BTW. He most likely did not travel with any passport of those days ROC at least we could no find any among his belongings. Moreover, in those days the idea of passports, household registration, ID cards wasn’t that extended as nowadays.
Same for the household registration, well I suppose I could find something in his hometown in Guangdong, P.R China, but I doubt they actually keep records like that.
In the case of my grand grand father we have a “working document” issued by the American embassy in my country where it state he was born in Guangdong in 1909. Would that document.
Other documents we can obtain are:
My country port entrance report on my grand father.
His wedding document where it state he was born in China.
His defunction document in my country.
“Overseas Compatriot Registry Certificate cannot be a nationality certificate if it is too old and TECO cannot confirm its validity”
Can you elaborate in this? I did not understand too old.
“If your mother’s father had PRC documents, no chance.”
My grandfather never had PRC documents.
If you cannot find any documents issued by ROC , no chance, iiuc.
I think you need a document issued by ROC on him too. Even if your grandmother’s ROC nationality was proved, your mother cannot be a ROC national by her mother’s nationality. She was born in 1959, so her father should be a national.
Not really. It might be helpful to determine where the Overseas Chinese association records are. They are the ones with the access to the files in China where it says what family/village/etc your grandpa belonged to.
And you need to ascertain which embassy/representative office is closer for the paperwork.
In the past you were able to claim up to 1/6, dunno now.
"If you cannot find any documents issued by ROC , no chance, iiuc. "
Yes, unfortunately I cannot find any of his ROC documents, we have a ton of registers of him in my country by that time, where it says his nationality and birthday, but no ROC passport. Honestly, I don’t think many of those days Chinese would have had that. But you are describing the current Taiwan law and I thank you for that.
“I think you need a document issued by ROC on him too. Even if your grandmother’s ROC”
In the case of my grand grandpa it’s even harder cause he was born during the Qing Dynasty, and left China during WWII in also precarious conditions then he was protected by the US Americans. We also cannot find any ROC passport of him.
I was referring his example cause the “ancestral ties” expression in the chinese version of the Law made me think, it could also be passed from grandfather to grandkids.
In any case I thank you all for taking the time to give an opinion, I have lived for 20 years in curiosity since i got interested in the possibility.
" Overseas Chinese association records "
This is interesting. It is possible that these documents are kept in the registers of my country Chinese community association? I know there exist a “Chinese Club” in the capital of my country. My grandfather spent a lot of time there.
There is ZERO doubts that my grand father was born in China before the arrival of PRC.
There is ZERO doubts that my mom is not only 1/6 chinese, but actually FULLY chinese. Since even her local side is pure Chinese descendant.
So the question now is, besides the ROC passport, is there another way I can prove my grandfather being ROC chinese, I still have relatives living in PRC, maybe I can find some of his registers in his ancient hometown (ofc, without saying the actual purpose of my interest in Taiwan), but will it be valid to Taiwan gov?
In the past, you could get a Taiwanese nationality by studying here for a while as a Chinese descendant, even if you could not provide a proof of your ROC nationality. The law was changed.