Hello everyone, I'm Xiaozhou.
With the increasing number of Chinese immigrants or working abroad, we often see a term in the news.
That isOverseas Chinese, Chinese Americans, Chinese
About their identity,How exactly is it defined?What's the difference?What rights do they have?Extend it againReturned overseas ChinesewithOverseas Chinese dependentsWhat kind of person is it referring to?Today, Xiaozhou will talk to you about the identity of overseas compatriots, let's take a look
Overseas Chinese refers to Chinese citizens with Chinese nationality who have settled abroad.
Here"Settling abroad".There are two cases:
1. Chinese citizensHave obtained long-term or permanent residency in the country of residenceCumulative residence in the country of residence for 2 consecutive years within 2 yearsNot less than 18 months
2. Chinese citizensFailure to obtain long-term or permanent residency in the country of residenceHave obtained the legal residence status in the country of residence for more than 5 consecutive years (including 5 years).The cumulative stay is not less than 30 months within 5 years
So the overseas ChineseIt does not include Chinese citizens studying abroad(including public assignment and self-pay).During the period of studying abroad, or going abroad for official business(including expatriate workers).While working outside the homeFor example, workers and technicians sent to other countries to assist in construction, visiting personnel, public servants sent by the state to foreign countries, and people traveling abroad.
In terms of rights and obligations, overseas Chinese are citizens of the People's Republic of ChinaEnjoy the rights due to Chinese citizens in accordance with the law, and fulfill the corresponding obligations. The Chinese Constitution clearly stipulates thatProtecting the Chinese diasporaIt is the duty of China to have its legitimate rights and interests abroad.
Chinese, the abbreviation of "Chinese", now broadly refers to Chinese people and people with Chinese ethnic origin who have joined or acquired foreign nationality. In general,The Chinese are by descent or race, and Chinese refers specifically to Chinese people with Chinese nationality.
To put it simply, it refers to all people who have Chinese ancestryRegardless of whether the other party's current nationality is Chinese or not, they are called Chinese. There is a simple and straightforward formula - Chinese = Han and some ethnic minorities in China (mainland, Hong Kong, Macao and Taiwan) + people overseas who have Han and some ethnic minority ancestry.
In addition, extend one"Foreign Chinese".The concept of acceded toFormer Chinese citizens of foreign nationality and descendants of foreign nationals of former Chinese citizens are eligible to apply for restoration of Chinese nationality.
Chinese,Also known as "overseas Chinese".
It refers to the Chinese who have settled abroad and have obtained a nationality other than China(also known as a Chinese national).and born abroad,A person who has a foreign nationality in accordance with the laws of the country of birth. That is to sayLegally, they are no longer Chinese citizens, but by blood they are descendants of the Chinese.
According to the provisions of the Nationality Law of the People's Republic of China: first, both or one of the parents is a Chinese citizen, and he was born in China and has Chinese nationality. Second, both or one of the parents is a Chinese citizen, and the person was born in a foreign country and has Chinese nationality;However, both or one of the parents is a Chinese citizenand settled in a foreign country, the person has a foreign nationality at birthDo not have Chinese nationality.
Therefore, here is the distinction between Chinese and foreign Chinese.
Chinese people are not foreign ChineseChinese people of Chinese descent are those of Chinese descent who were born overseas and have acquired foreign nationality;While"Foreign Chinese".Refers to the foreign descendants of former Chinese citizens, specifically those of Chinese ancestryHowever, those who have acquired foreign nationality and have lost their Chinese nationality.
Since the Chinese have acquired the nationality of other countriesTherefore, when he encounters an accident or difficulty and needs help from the state, the first person to seek help should be the consulate of the country where he is a citizenThe Chinese consulate is not obligated to help him.
Returned overseas Chinese refer to overseas Chinese who have returned to China to settle down.
Here"Return to the country to settle down".This means that overseas Chinese give up their long-term, permanent or legal right of residence in their original country of residence and go through the formalities of returning to China to settle down in accordance with the law. And,Foreign Chinese who have been approved to restore or acquire Chinese nationality and have gone through the formalities for settling in China in accordance with the law are also regarded as returned overseas Chinese.
Overseas Chinese dependents refer to the dependents of overseas Chinese and returned overseas Chinese in China.
First of all,Including spouses of overseas Chinese and returned overseas Chinese, parents, children and their spouses, brothers and sisters, grandparents, grandchildren, and other relatives who have a long-term dependency relationship with overseas Chinese and returned overseas Chinese.
Secondly,Dependents of foreign Chinese nationals with Chinese nationality in China are also regarded as overseas Chinese dependents.
1. Q: After the death of overseas Chinese and returned overseas ChineseWill the status of their dependents in China change?
Answer: After the death of overseas Chinese or returned overseas Chinese, the personal relationship between overseas Chinese and their relatives has not changed, so their domestic dependents were originally recognized in accordance with the lawThe status of overseas Chinese dependents remains unchanged.
2. Q: Overseas Chinese have become foreign nationalsHas the status of their dependents in the country changed?
Answer: After the status of overseas Chinese is changed to become a foreign Chinese, the status of overseas Chinese dependents in China who were originally recognized in accordance with the lawNo change.
3. Q: Will the status of overseas Chinese dependents change after returning to China?
Answer: After overseas Chinese return to China, their dependents in ChinaIt is still regarded as a family member of overseas Chinese.
The legitimate rights and interests of overseas Chinese relatives are protected by the laws of the stateThe state encourages overseas Chinese and their relatives to serve the motherland by giving full play to the characteristics of having extensive contacts with overseas countries.
Finally, to add, for:Chinese who have become expatriates want to regain their Chinese nationalityThis matter, many people are not very clear about the conditions, today when the extension of the talk.
According to Article 13 of the Nationality Law, foreigners who have had Chinese nationalityThere is a valid reasonThose who have been approved to restore their Chinese nationality may no longer retain their foreign nationality.
If you want to restore your Chinese nationality, you must meet the following basic conditions:
EverForeign Chinese with Chinese nationality;
YesJustification for application(refers to close relatives of Chinese nationality, etc.);
Yes in ChinaA certain amount of living security;
There is stability in Chinawork(Required in some regions only);
Of course, whether it is to make a decision to give up Chinese nationality to become a foreigner, or to give up a foreigner to apply for restoration of Chinese nationality, it is not a trivial matter, everyone must befrom their own actual situation, their own inner departure,Think it through before you decide.
In addition,I also want to know more about immigration, you can leave a message in the background, Xiaozhou will give you a detailed answer!