The right of Russians to acquire dual citizenship is enshrined in the Constitution of the Russian Federation. In accordance with the Constitution, everyone can freely obtain the citizenship of another (foreign) state. Clause 2 states that having a passport of another state does not detract from the rights, but also does not exempt from the duties inherent to a citizen of Russia if the Federal Law does not provide for a different procedure. In addition to the main law, such issues are regulated by the Federal Law on Citizenship of the Russian Federation of 05/31/2002. Article 6 of this regulatory act states that the Russian side of a person who also has the citizenship of another state is considered exclusively “on a general basis” unless international treaties governing this issue are provided for.
Is there a difference between the concepts of dual and second citizenship?
However, in legal practice, it is considered that there is a difference. The term “dual citizenship” means that a person has passports of two states, between which relevant international agreements are signed. The Russian Federation has such international agreements only with a few CIS countries: Turkmenistan and Tajikistan. Under these agreements, the holder of dual citizenship can choose, for example, in which of the two countries he will serve in the army. Children of “double citizens” also automatically receive documents from both states at birth. In other cases, it makes sense to talk about a second passport. People who additionally have citizenship of any other country with which Russia has not signed special treaties (and this is the majority of the states of the world) are considered by Russian law only as citizens of the Russian Federation. In this case, the second citizenship has no meaning and no legal force in Russia: being here you will not have any advantages.
Want to go to the army twice?
Lawyers call this situation a legal vacuum. For example, if you served in the army in the country of the second citizenship, then you will need to serve in the army of the Russian Federation. Therefore, it makes sense for men to get a second passport after they go beyond the draft age. You have received citizenship of another state, in the Russian Federation will not be in any way fixed. In general, the second citizenship allows its holder to receive many benefits. For example, the presence of a US passport or citizenship of a country belonging to the European Union, allows you to travel around the world almost without difficulty, that is, without the need for visas. Having the status of a subject of another state is sometimes much easier to emigrate to any third state. It is really worth striving for this status in order to have a “spare airfield” in case of social or other upheavals in the country of permanent residence.
Where is it prohibited to obtain second citizenship?
We answer – in all corners of the world. These include:
developed countries – Germany, Denmark, Norway, Japan;
developing countries are China, India, South Korea, Kazakhstan.
In the United States, only a formal waiver of former citizenship is required, but in reality, no one will be able to verify the fact of the presence or absence of a passport of another state. In some states, on the contrary, it is welcomed. In Australia, for example, this is a method of attracting human resources due to their lack of the latter on the territory of the country. In the Russian Federation, people who have a passport of another state cannot hold certain government posts (Federal Law “On Public Service of the Russian Federation” of 07.07.2004), that, according to many lawyers, is contrary to the Constitution of the Russian Federation. In general, the issues of obtaining citizenship and the legal status of an immigrant have many features and nuances in each individual country. Everything that is connected with them, of course, is regulated, exclude Under the domestic laws of the country, there is no uniform international legislation on citizenship and its obtaining, except for some acts of the European Union.
How can a Russian get another passport?
With regard to obtaining an additional passport confirming your rights in another state, the procedure is usually quite the same in many different countries. In most cases, naturalization is required. To do this, you must first obtain the right to temporary or permanent residence (residence permit, permanent residence).
To obtain citizenship, you must achieve a residence permit in the country
See, for example, about a residence permit in Germany or permanent residence in Belgium, as well as the general heading “ countries for immigration. ” After that, you need to live in the country for quite a long time – in some countries, it’s enough for 3 years, in others the period is extended to 12. The final stage actually getting a real passport, which equalizes you in all rights with the original inhabitants of the country. In addition to a long-term residence in the state, the following is usually required:
Do not have claims from law enforcement.
Know the basic law of the country, its language, and culture.
Have good recommendations.
It should also be noted that in most cases it is not very important for an immigrant to get full citizenship – resident status, permanent resident with the right to permanent residence and work within the borders is not much different from him (if, of course, you want to emigrate not for a political career).
Communist China does not belong to the priority areas of emigration from Russia or Ukraine. Nevertheless, many still move to this most populated country in the world with different goals. Today’s China is showing a truly dizzying dynamic of economic development. To live in China and obtain citizenship is sought because of the emerging prospects. And someone just falls in love with this amazing country and wants to become part of its people.
China’s immigration policy
China’s policy is rather conservative. The immigration rules of this country are governed by the Law on Citizenship, adopted back in 1980. For 37 years, no changes have been made to it.
Before starting the process of legalization, you should ask yourself – is there a right and opportunity to become an owner of a Chinese passport?
You can not blame the Chinese for bias towards foreigners. It is said that an immigrant can never become a full-fledged member of Chinese society, but this is not true. The attitude of the indigenous people is determined by the nature of the arrival. He should not be conflicted and lazy. Both of these traits are extremely discouraged by the Chinese.
The Great Wall of China in hoary antiquity saved the country not only from enemy troops but also from unwanted migrants
The benefits of Chinese citizenship for foreigners
There are several main advantages that immigrants will get together with a Chinese passport:
citizenship of a country that is booming economically and therefore has good prospects for the future;
getting free access to jobs in Chinese companies;
social security of the state, practically free medicine, and education;
the unconditional right to citizenship for a child whose parent is a Chinese citizen;
participation in the electoral process;
register and conduct business on more favorable terms than for foreigners.
Who can become a citizen of the Middle Kingdom and under what conditions
Citizenship of the People’s Republic of China may be assigned to a foreign citizen if he falls into one of the categories with which the Citizenship Law grants the similar right. Article 7 says that a foreigner can become a Chinese citizen if:
born to a Chinese citizen;
resides in the PRC;
has close relatives who are citizens of China;
has other good reasons.
Other reasons include several frequently used methods of immigration and citizenship of China, which will be discussed below.
China can make you fall in love with yourself and stay in its ancient land
At the same time, the candidate should not have problems with the law both in his homeland and in China, speak Chinese, respect the country’s constitution, accept its ideology and not pose a potential threat to the state. In addition, Chinese law does not provide for the possibility of dual citizenship, so the previous passport will have to be abandoned.
Why, with all my opposition to the communist system, I began to get thoughts about China – because this country is building up technological strength with all its might, giving the green light to innovative projects. Whereas Russia and the United States are not the most attractive (again for my taste) for technological startups in the country.
A Chinese citizen will be a child who was born in any of the provinces of China, regardless of his nationality, if the parents (or at least one of them) have Chinese citizenship. Also, citizenship will be unconditionally granted to orphans found on Chinese territory and children of stateless persons (stateless persons) living in the Middle Kingdom.
The adoption of a child from abroad by a Chinese citizen also gives him the right to obtain citizenship.
If a foreigner legally resides in the PRC legally, then he has the right to obtain citizenship. For natural naturalization in China will not have to go the shortest way. For the first crossing of the Chinese border, both Russians and Ukrainians will need to open a visa. Further, a residence permit will be issued if there are grounds for this. Initially, the residence permit is issued for a year, followed by an extension, and after five years in the status of a temporary resident, you can apply for a permanent residence permit. Citizenship of China by foreign citizens will become available five years later. Total, from the moment of arrival in China and until obtaining citizenship of this country will take place in aggregate ten years.
State Immigration Family Reunification Program
In the millennial traditions of the Chinese people, a careful and reverent attitude to the family occupies a special place. To become a member of the immigration program of reunification, it is necessary to have close relatives in China. Such, according to the rules, are parents and children, siblings, and grandparents. An essential requirement for Chinese relatives will be their citizenship. For foreign relatives, a special invitation is issued, which indicates the degree of kinship, the expected period of residence in China (temporarily or permanently, with citizenship), and also provides an official guarantee for them. It involves the provision of material assistance, shelter, as well as assistance in integrating into Chinese society.
Marriage with Chinese subjects
The conclusion of an official marriage with a Chinese citizen or citizen becomes the basis for obtaining foreigner citizenship of the Middle Kingdom. It must be said that the Chinese legislation recognizes the only official marriage. This does not mean that China has a negative attitude towards unregistered marital relations, but they have no relation to the methods of immigration to China and obtaining its citizenship.
Only an official marriage leads to the unconditional acquisition of Chinese citizenship.
After marriage registration, the foreign spouse receives a temporary residence permit. A year later, the right to receive the status of permanent resident of the country. Citizenship can be granted after five years of residence in the territory of China in an official marriage with a citizen of this country.
Chinese immigration specialists will necessarily verify compliance with the conditions under which a marriage can be considered real and legal. These are joint household management, common property, and budget. The appearance of common children immediately removes all the issues of immigration. The control of the fact that marriage really exists is mandatory, since many foreigners use the fictitious marriage method to obtain Chinese citizenship in a similar way, which is a criminal offense in Celestial. The Chinese are jealous of their country’s citizenship, and the PRC legislation is considered very tough, even among Asian countries.
Conditions for minors
In China, the majority comes in 18 years, as in most countries of the world. From the age of 16, a child can independently petition for the granting of Chinese citizenship to him. Until this age, parents are petitioning for him. It is important to know that during immigration and the acquisition of Chinese citizenship by minor children, an application for them is submitted simultaneously by both parents. The reason for the absence of one of them must be objective. If the spouses are divorced, then a power of attorney translated into Chinese and notarized for the right to obtain the citizenship by the child will be required. If the second parent has died, is declared incompetent, deprived of parental rights or is in custody, this will need to be documented.
China is a dynamic country
To live in China, you need a very open mind. According to my observations, up to 80% of Russians are infected with idiosyncrasy to this country and its people/culture for 2–3 years. Language will have to learn, the Chinese barely speak English. In Chinese, there are only 2 flares, but serious ones are phonetics and hieroglyphics. There is almost no grammar, which dramatically simplifies learning the language at the household level, but it will take many years before you can conduct business correspondence and negotiations in Chinese.
Chinese Citizenship at Labor Immigration
The terms of obtaining Chinese citizenship by foreign experts are similar to the duration of natural naturalization. But obtaining citizenship when working in China has its own characteristics. Regardless of whether the employer is a private or public company, you should have a valid contract. It should be a resolution of the Ministry of Labor and Social Policy of the PRC, confirming consent to the employment of a foreign specialist. The contract should describe in detail all the conditions of work. Registration status of the resident is the host. This is followed by a permanent residence permit and, after five years in this status, obtaining Chinese citizenship.
China is interested in the emigration of its citizens to other countries of the world. And it’s not just the overpopulation of this state. Today, every fifth inhabitant of the planet is of Chinese origin. Thus, a kind of expansion of China to various regions of the world is carried out. At the same time, the PRC is trying not to let out highly qualified personnel – engineers, doctors, programmers, designers. China also conducts a very thoughtful immigration policy in relation to foreign specialists, creating all the necessary conditions for its influx.
There are many workers in China, but good specialists are always in demand.
Citizenship for foreign businessmen
You can obtain the status of a PRC resident by registering your own company in the territory of the Republic. Foreign entrepreneurs initially receive short-term visas for three months. Upon expiry of their term of validity, a temporary residence permit is issued for a period of one year. A visa can be issued on the basis of an invitation from business partners who are residents of the country. A year later, the status of a temporary resident requires renewal. After five years, a permanent residence permit becomes available. Five years later, the right to file a petition for the conferment of citizenship appears. Registering your own business is a fairly popular way to immigrate Russians, Ukrainians, and residents of other CIS countries to China. To a large extent, its popularity is based on the close trade relations of countries and the significant mutual integration of economies.
Citizenship for investment
Foreign investors are among the few categories of immigrants whom the Chinese meet very happily. They try to attract foreign capital as much as possible for the development of their own economy.
Funds can be invested in state or commercial companies, the development of the country’s infrastructure or government bonds. The minimum amount of investment will be half a million dollars. At the same time, the investor receives a special status that is unique to China: “a friend of the Chinese people”. He gives the right to instant receiving permanent residence. In some cases, a large foreign investor can immediately become even a citizen of the PRC. The maximum ceiling of invested funds is not limited. But the state program itself is designed for a corridor from half a million to two million dollars, as well as an investment period of up to five years. In addition, investments in the development of the Chinese state can be not only material but also intellectual, while applications for citizenship, in this case, are considered as a priority. Investments in the dynamically developing Chinese economy are very popular all over the world today, and China is not particularly interested in their origin.
China is open to foreign investors.
Acquisition of real estate neither in China nor in Hong Kong leads to obtaining citizenship unconditionally. To purchase real estate, you should live in the PRC in the status of a resident for at least six months, after which you should look after a suitable object. If the value of the property exceeds half a million dollars, then it can be considered as an investment. With all the attendant benefits.
Finding the perfect place to live is always a challenge, especially in China. Many foreigners prefer to get a job only if it comes complete with housing and a Chinese loved one who can provide support for the first time.
A study in China and subsequent employment
Many foreign students are keen to graduate in China. At the time of the study, they are in the status of a temporary resident of the country. At the end of the university, they may express a desire to stay work and live in the Middle Kingdom. In this case, a permanent residence permit becomes available. After five years of residence, the right to apply for citizenship appears on it. Young professionals who have graduated from Chinese universities are in demand both in the domestic labor market and around the world. China can offer competitive wages and good working conditions.
China is not considered a country that favorably refers to forced migrants. Most of the PRC refugees are taken from North Korea, from where people are driven by famine and political repression. Despite the fact that the DPRK is a communist country, ideologically related China still accepts North Koreans and provides them with shelter.
You can become a refugee in China if you prove the fact of persecution and discrimination at home on the basis of race, nationality, for religious or political beliefs. A real chance to obtain resident status and further citizenship is available to those who seek political asylum in China. Refugee status will be assigned for five years. Next is the audit of the situation. If it has not changed for the better in the refugee’s home country, then he is entitled to apply for Chinese citizenship. And it is likely to be satisfied.
Foreign retirees can also immigrate to China and obtain its citizenship if they are dependent on their children who are citizens of the Middle Kingdom. In this case, the age of parents moving must exceed 60 years. Also, they should not have children who can care for them and provide them financially at home. The period from crossing the Chinese border to obtaining citizenship, in this case, can stretch for 10 years.
Selected Cases of Granting Chinese Citizenship
The Chinese government is vitally interested in the influx of foreigners who can play a significant positive role in the development of the country. These are, for example, outstanding scientists of world renown, major investors, athletes who have achieved victories in international competitions under the Chinese flag, well-known foreign politicians. A separate government decision, in this case, may be granted citizenship for special services to the Chinese people. There are no special requirements, for example, on meeting deadlines or passing tests to those who are granted citizenship in this way.
On the Chinese territory, there are many representative offices of international humanitarian missions and various religious organizations. Volunteers and employees of denominations can legally stay on Chinese territory for quite a long time in the status of temporary or permanent residents of the country. At observance of the qualification of residency, they also obtain Chinese citizenship.