Not sure if I qualify for a NWOHR Passport

Howdy! My name is Michael and I wanted to know if I potentially qualify for a ROC NWOHR Passport. Here is my situation.

a) My mother was a PRC citizen at the time of my birth and naturalized as a US citizen two months later.

b) My father was born in the US, was a US citizen at the time of my birth, and always has been.

c) My mother and father were never married to each other, but I have been acknowledged/legitimated by a court of competent jurisdiction in the US.

From my understanding of ROC nationality law, the ROC regards all PRC citizens to be ROC citizens as well and persons born abroad to PRC citizens would therefore technically be ROC citizens and qualify for a NWOHR passport; or am I understanding this incorrectly?

Thank you.

Did your mom ever have an ROC ID card?

No.

Also, wanted to add that I was born in the 90s, since I believe there is some cutoff date for persons born out of wedlock acquiring nationality through only the mother.

Someone will correct me if I’m wrong, but I’m pretty sure you have zero claim to a NWOHR passport. Your mom is communist Chinese, not Taiwanese, or ROC.

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You may check some laws and instructions.

PRC citizens are not foreigners, but to change their status to ROC citizens, they should be allowed to reside Taiwan for a certain period with a certain reason before they get their ROC citizenship.


Act Governing Relations between the People of the Taiwan Area and the Mainland Area

Enforcement Rules for the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area

https://www.immigration.gov.tw/5385/7244/7250/7257/居留/

Some links in the above thread may be relevant too.

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I’ve heard the same thing. But I can’t seem to recall the source. It might’ve just been Wikipedia. From what I remember reading, what matters is that you don’t currently live in the PRC. The fact that your mum did shouldn’t be an issue. Again, I might be wrong.

I’m also interested in this question, though I don’t think my chances are very good. All my great grandparents were born in the Qing empire (and everyone left between 3 and 4 generations ago). I was advised, in another thread, to call my nearest TECO - which I haven’t had the chance to since I’m not even living in my country of citizenship right now.

I haven’t checked Wikipedia, but they might refer to the old version of the following law.


Overseas Compatriot Identity Certification Act

they revised it in 2015.

Article 3
This Act applies to Republic of China (“ROC”) nationals who reside in a foreign country, provided that it does not apply to persons with Mainland China, Hong Kong or Macau residency status, or persons holding passports issued by Mainland China region.

And iirc, they changed regulations to issue passport not to accept certain types of Overseas Compatriot Identity Certificates as a proof of ROC nationality.

https://www.boca.gov.tw/cp-35-494-1a5f6-1.html


Fyi old regulation

華僑身分證明書核發辦法


第 2 條

依本辦法申請華僑身分證明書者,應以國內未設戶籍或原設戶籍已辦遷出
國外之具有中華民國國籍之國民為限,並應具下列情形之一:
一、持有中華民國有效之護照,具有僑居身分者。
二、在國外出生或居住四年以上,取得當地永久居留權或國籍者。
三、屬大陸地區人民,應旅居國外四年以上,並取得當地國籍,或取得當地永久居留權並領有中華民國有效之護照者。