I don’t follow you. If it is not possible for a non-Chinese to become an ROC citizen other than by adoption, then how are there ever going to be any non-Chinese ROC citizens from whom citizenship could descend ?
The entire nationality law is framed so as to go to the furthest possible extent to avoid diluting the racial purity of Taiwan. It would appear there is no quota on Hua Qiao “citizens” coming in - but “foreigners” (meaning non-Chinese) would clutter up Taiwan (overcrowded, small island etc - what country doesn’t come up with this pathetic comment!?) Citizenship through birth is clearly unacceptable, as it could give rise to non-Chinese citizens. Dual citizenship is made easy for ethnically Chinese people, but very difficult indeed for non-ethnically Chinese people who wish to do exactly the same thing.
My wife is currently looking at the Nationality Law, and I will be passing it on to an ethnically Chinese Hong Kong lawyer friend of mine at Allen & Overy in HK for his opinion on the matter. When he gets back from holiday (!)
Now it would appear that my wife could get an Overseas ROC passport (see below). What would your take be on this, Richard ?
(I wonder where the Chinese is for this - from the BOCA website)
Application procedures for overseas ethnic Chinese originally from the Mainland China, Hong Kong and Macau
Applicants that may apply for a passport if meeting one of the following requirements and being approved by the authorities in charge of ROC missions in these locations:
(1). Overseas ethnic Chinese from the Mainland China:
a. Those who have permanent residence status b[/b], or long- term residence status in a country where the resident permit can be extended and where there is no permanent residence status system.
b. Those who have lived overseas for more than four years, or have lived in a foreign country continuously for more than two years and have permanent residence status (yes - but one will do), or those married for at least two years with a ROC national, or have a child with a ROC national.
c. Special considerations based on political, economic, social, educational, technological, cultural, athletic, religious and humanitarian reasons.
Applicants originally from Mainland China meeting one of the above criteria are required to submit the following documents and fee for the first time application:
- A completed passport application form
- Certificate of permanent or long-term residence permit
- A passport or identification certificate issued in the Mainland China
- Two identical passport photos (2x2 inches, color) 5. A fee of US $36 or its equivalent in the local currency
- Other relevant certificates
What would be the advantage of her getting an ROC passport ? I will have to look again at the stuff from your website, Richard, to see if she can get HH registration (was it 3 years?).