Can my mother acquire Taiwanese nationality (her father was born in Mainland China in 1919)?

Hello. I’m new in the forum.

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.

No need to be coy Roy.

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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:

  1. Household registration record.
  2. National ID Card.
  3. Passports.
  4. Nationality Certificate.
  5. Overseas Compatriot Registry Certificate.
  6. 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.
  7. 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.
  8. Certificate of naturalization.
  9. 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.

What is a coy Roy and what are you implying (kindly)?

Why not just tell us where she was born?

Thanks for your answer tando.

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.

Cause that’s personal information obviously! It’s just a small country in South-America, and it is truly irrelevant.

Overseas Compatriot Registry Certificate is 華僑登記證, and it was mostly issued in SEA.

In Chinese
https://www.ocac.gov.tw/OCAC/FAQ/List.aspx?nodeid=386#

除核發之準據、對象等均已無從查考外,由於年代久遠,已無相關檔卷可資查驗比對;復因該文件製作簡略粗糙,無任何防偽設計,真偽難辨,自亦無從採認。

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.

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"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.

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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?

That’s what the overseas compatriots association is for. Or the closest embassy/representative office.

Fyi

I’m not sure if this is their usual procedure to give a passport to a Chinese descendant or a special treatment, but there is a case.

British football star achieves Taiwan dual citizenship | Taiwan News | 2017/10/31.

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.

Oh that reminds me, caveat emptor: if your mother’s gets ROC then you could be eligible too… But if you are under 35, you might get drafted

I’m closer every year to be above 35. But I’d happily join no matter what. :smiley: somebody gotta defend the last remanent of actual chinese culture.

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Thanks again, I will check it carefully.

If you guys have the contact of a private law firm that can advice more about this specific topic, please let me know, or send me private message.