A British child cannot be Chinese

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
1 March 2022

We represented a Chinese national who moved to the UK and gave birth to a British girl following a one-night engagement with the child’s father. He is a British national and his daughter was granted British nationality.  We made an application under Appendix FM Ex.1 for the mother, on the basis of her subsisting parental relationship with a British child.  We argued that the applicant meets the requirements of Appendix FM for leave to remain as a parent because she has a genuine and subsisting parental relationship with the child and it would not be reasonable to expect the child to leave the UK. The reason it would not be reasonable to relocate to China was based on Professor Bluth’s report which confirmed that under Chinese nationality law, Chinese nationality is automatically rescinded if a person acquires a nationality of another country. Given that the child was British she could never obtain Chinese nationality, and she could not give up her British nationality in order to obtain Chinese nationality, because in order to renounce it she has to already have another nationality, or be aged 18 or over.  Given that she is unable to renounce her British nationality until she is 18, and was too young to make informed decisions, there was no possibility for her to renounce her nationality, or obtain Chinese nationality, and therefore she could not live with her mother in China. 

The excellent report by Professor Bluth went on to consider other obstacles to the integration of the family life in China and the application was successful.