2013-03-22

Updated: Criminal record checks updated.

Overview

Many thousands of British Citizens live and work in China. This guide sets out useful information for British residents, including, registration, nationality advice, children, and what to consider if you’re returning to live in the UK after living in China.

Registering with us

If you live in China, you do not need to register with the British Embassy or Consulates-General. The Embassy no longer keeps a register of long term British residents in China.

If you have a child in China, and your child is eligible for British Citizenship, you can register the birth of your child with us, but it is not a legal requirement.

If a British national dies in China, please inform the nearest British Embassy or Consulate-General.

Registering with the Public Security Bureau

If you intend to stay in China longer than 180 days, China’s immigration rules mean you will need to obtain a Residence Permit. Every foreigner living in China has to register with the Public Security Bureau (PSB) on arrival. Resident Permit holders should also be aware that you are required to re-register each time you return from a trip abroad. If you need to change or extend your visa, renew your residence permit or if you have had a baby, you will need to contact the local Public Security Bureau office for the area where you live. If you obtain a new British passport, you will also need to register the new passport with the PSB. Foreign resident issues are handled by the Entry-Exit Administration of the PSB. Please note we cannot contact the PSB on your behalf.

PSB contact details for Beijing, Shanghai, Guangzhou and Chongqing are as follows:

Division of Exit and Entry Administration of Beijing Public Security Bureau

No.2 Andingmen Dongjie,

Dongcheng District,

Beijing

Telephone: (+86) 10 8402 0101

Office hours: Monday to Saturday 8:30am-4:30pm.

Division of Exit and Entry Administration of Shanghai Public Security Bureau

No.1500 Minshenglu,

Pudong New District,

Shanghai

Telephone: (+86) 21 28951900

Office hours: Monday to Saturday 9:00am-5:00pm.

Division of Exit and Entry Administration of Chongqing Public Security Bureau

No.555 Huangnibang,

Yubei District,

Chongqing

Telephone: (+86) 23 63961944

Office hours: Monday to Saturday 9:00am-11:30am, 1:30pm-5:30pm.

Division of Exit and Entry Administration of Guangzhou Public Security Bureau

F6 No.155 Jiefang South Road,

Guangzhou

Telephone: (+86) 20 96110110

Office hours: Monday to Friday 8:30am-12:00am, 2:00pm-5:30pm.

Nationality law issues in China

We regularly encounter issues caused by misunderstanding of China’s Nationality Law.

It is not possible in Chinese law for a Chinese national to hold a second nationality.

Article 3 of The People’s Republic of China Nationality Law does not recognise dual nationality; and Article 4 states that any person born in China where one parent is a Chinese national, shall have Chinese nationality.

Chinese passport holders

Travellers holding British passports who have held Chinese citizenship are likely to be regarded by the Chinese authorities as Chinese citizens, even if they travel to China on a British passport. If you have formally renounced Chinese citizenship, we advise you to carry clear evidence that you have done so. If you still hold ‘hukou’ (household registration) in China, you may be regarded as a Chinese citizen.

If you travel to China on your Chinese passport or Hong Kong ID card, the authorities will require you to leave China on your Chinese passport and may also require evidence in the passport that you can enter the UK (UK visa or Certificate of Entitlement to Right of Abode). Presenting a British passport may not meet their requirement.

The UK Border Agency will not issue a visa for the UK to a British passport holder.

Children

When neither parent is a Chinese national

According to information provided by the People’s Republic of China, a child born in China to two foreign national parents is not eligible for Chinese nationality. However your child must be registered with the local Public Security Bureau within one month of their birth. You should obtain a passport for your child. Your child will also need to obtain a visa/residence permit from the Public Security Bureau Entry-Exit Division. According to Chinese visa regulations, foreign national babies cannot exit China until they obtain a visa/residence permit from the Public Security Bureau.

When one parent is a Chinese national

If your child is born in China and one parent is a citizen of the People’s Republic of China, under Chinese nationality law:

your child will automatically assume Chinese citizenship

your child will be recognised only as a Chinese citizen by the Chinese government until you formally renounce the child’s Chinese citizenship. The Chinese authorities will not recognise any other nationality to which your child may be entitled.

UK nationality law recognises dual nationality. If your child is eligible for British citizenship under UK nationality law, you can apply for a British passport for your child.

We advise that you opt for your child either to retain British nationality (and renounce Chinese nationality) or retain Chinese nationality. If you do not, your child may be unable to travel out of China, as you may be unable to obtain an exit visa from the Public Security Bureau in your child’s British passport; and you may not obtain a visa for the UK in a Chinese passport if you also hold a British passport.

If you decide to retain British nationality for your child, you will have to apply to the Public Security Bureau to renounce your child’s Chinese citizenship. You may have to approach the Public Security Bureau in the Chinese parent’s ‘Hukou’ (household registration district) to do this: this process can take several months. Once the child’s Chinese citizenship is officially renounced, the local Public Security Bureau should recognise the child’s British nationality and passport, and issue a visa/residence permit for the child. The PSB in Beijing should also be able to issue the visa, regardless of parental ‘Hukou’.

If you decide to retain Chinese nationality for your child and your child already holds a British passport, you can relinquish your child’s British passport. You can then apply to our colleagues in the UK Borders Agency for a visa for travel to the UK for your child’s Chinese passport. Relinquishing a passport does not mean you are renouncing your child’s British nationality. There is a charge for this service.

If you need to travel out of China before your child’s nationality issue is resolved, you can apply to the Public Security Bureau for an Entry and Exit Permit (Chu Ru Jing Tong Xing Zheng). We understand that this document is provided by the PSB as an interim option while nationality differences are resolved. Your child may currently exit China once only with this document.

Lesbian, Gay, Bisexual and Transgender (LGBT) Rights

Homosexuality and Chinese Law

In China, homosexuality is no longer illegal and, in general, homosexuals are not subject to harassment. Homosexuality in China was decriminalised in 1997. In 2001 homosexuality was removed from the official list of mental disorders. However, there are no specific laws in place to protect the rights of LGBT people.

There remain conservative elements in Chinese society for whom homosexuality is ‘taboo’, but it is becoming more and more accepted, particularly by young people in big cities.

Civil partnership registrations/ceremonies

The British Embassy/Consulates General in China are unable to perform civil partnership registrations as we have not been authorised by the Chinese government to do so. Couples wishing to formally register their relationship should consider travel to the UK or countries whose laws recognise such registrations.

Adoption

Adoptions by foreign same-sex couples or individuals of Chinese children is currently prohibited by the Chinese authorities.

Further information

In 2010 a British barrister published an article China: The Legal Position and Status of Lesbian, Gay, Bisexual and Transgender People in the People’s Republic of China that offers a view of the legal status of LGBT people in China.

Please note that opinions are those of the author and not attributable in any way to the UK government or British embassy.

Returning to the UK

If you live in China and are considering returning to live in the UK (for example on retirement), you should consider how you will support yourself and how non-British members of your family may be able to accompany you. There is information available to help you make informed choices about living abroad and thinking about returning to the UK.

National Insurance

If you have not made full National Insurance (NI) contributions, remember you may not be eligible for state benefits or support. HM Revenue & Customs provide some useful information on returning to live in the UK for non-residents, including how to make NI contributions from abroad.

Healthcare

Your entitlement to free NHS treatment depends on the length and purpose of your residence in the UK, not your nationality. You must be able to show UK residency to be eligible for free treatment, even if you are a British citizen. The Citizens’ Advice Bureau or NHS can provide further information.

Visas

If you wish to return to live in the UK with family members who do not hold British citizenship, they will need to meet the UK’s immigration requirements for settlement in the UK. See the UK Border Agency for details.

State pension

For advice on claiming your state pension from abroad, please contact the Department for Work and Pensions (DWP) international pension centre.

Remember that the People’s Republic of China imposes limits on the amount of RMB, the official Chinese currency, that can be moved abroad.

Death abroad and dependants

If you live abroad, you should consider how your family will manage in the event of your death. Remember that non-British citizen dependants may not be eligible to go and live in the UK unless they can meet the UK’s immigration requirements.

If you have family in the UK and China, you should be aware that Chinese and UK law regarding inheritance, property etc differs. You should take legal advice on ensuring your legacy is distributed according to your wishes.

The UK government may be able to make payments to assist the bereaved family of British citizens who lived abroad and died before state pension age, but it is dependent on your NI contributions. State pension age is currently between 65/68 for men and 60/68 for women depending on an individual’s date of birth. You should consider other support mechanisms - eg life insurance - especially if you have not made suitable NI contributions.

Widows / widowers of British citizens who die before state pension age may be eligible for bereavement benefits from the DWP including:

funeral payment

bereavement benefit

widowed parents’ allowance (where the children are eligible for child benefit)

You should apply for benefits directly to the DWP using form BB1. We are sorry that you will have to answer some questions about your spouse or civil partner. This is because bereavement benefits are based on your spouse or civil partner’s National Insurance contributions. You will need to know the National Insurance number of the deceased. We regret that the British Embassy is not able to process applications for bereavement benefits on your behalf.

Criminal record checks

China’s visa regulations state that proof of no criminal record is required for foreign nationals applying for a work or resident permit. To obtain a criminal record check for use in China, covering time spent in the UK you can:

contact the UK police authorities nearest to where you lived at the time

seek records via the Association of Chief Police Officers Criminal Records Office (ACRO)

if you work or are seeking to work with children, you can also apply via ACRO for an International Child Protection Certificate (ICPC). The ICPC is a police check available to overseas schools and organisations with no formal link to the UK, who are recruiting British nationals (or any national who has spent time living in the UK) to work with children. Note that you, not your employer, must apply for an ICPC. Employers can ask you to provide an ICPC or can contact the Disclosure and Barring Service (DBS)

check the information from the Disclosure and Barring Service (DBS - formerly the Criminal Records Bureau) to see if a DBS check is suitable for you or your employer’s requirements Guide: Disclosure and Barring Service (DBS) checks

If you wish to obtain a criminal record clearance from the Chinese authorities, you will need to apply for a Certificate of No Criminal Record (Wu Fan Zui Ji Lu Zheng Ming 外国人无犯罪记录证明) from the Chinese authorities. The British Embassy / Consulates General cannot provide such a certificate for your time in China.

to apply for a certificate while you are resident in China, you should apply to your local Public Security Bureau (PSB)

to obtain a certificate after you have left China you should contact the local PSB; however you can also try service companies that offer to help foreign residents

in Shanghai’s district (Including municipality of Shanghai, provinces of Jiangsu, Anhui and Zhejiang), the local notary public is responsible for issuing such a certificate

in Guangzhou and Shenzhen, the local notary public is responsible for issuing such a certificate

in Chongqing’s district (Including municipality of Chongqing, provinces of Sichuan, Yunnan and Guizhou), the nearest police station (to be visited first) and the local notary public are both responsible for issuing such a certificate

in Beijing, the Shuang Xiong Company offers this service for current or former residents of Beijing; timeframe for this service is approximately 6 working days and two copies are issued - Mandarin and English

Their contact details are:

No.3 Dongdajie (100m east of Public Security Bureau),

Andingmen,

Dong Cheng District

Tel: +86 10 6402 7616 / 6402 7596; Fax: +86 10 6402 7596

Email: shuangxiong516@sina.com

You will need to present:

your current passport

your expired passport if it contains a previous Chinese visa for the period you wish the non criminal certificate to cover

photocopy of the data page of your passport and Chinese visa(s)

registration form of temporary residence

Or after you have left Beijing:

photocopy of your residence permit/visa at the time you were resident in China; or a certificate issued by your employer confirming the details of your employment, citizenship, sex and date of birth

if you were a student, a certificate issued by the school’s overseas student office confirming details of your study, citizenship, sex and date of birth; or a photocopy of your diploma

power of attorney signed by yourself - Shuang Xiong does not accept applications by post; The person you give the power of attorney to will have personally to submit the documents to the office

For further information on Criminal Background checks in the UK please visit the following page:

Guide: Disclosure and Barring Service (DBS) checks (previously CRB checks)

Emergency contacts

medical first aid: 120

police-reporting service centre of Public Security Bureau: 110

fire alarm: 119

directory Enquiries: 114

Disclaimer

The Foreign & Commonwealth Office makes no representation as to the quality or accuracy of the information which is available at the web addresses listed nor do we endorse them. We are not involved in the production or sale of the company’s products nor do we monitor their quality.

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