Chinese babies born in foreign countries have this question: what is the "China Travel Permit" for returning to China? Some babies also apply for a Chinese visa to return to China, so should they get a travel permit or a Chinese visa to return to China?

I. What is a Chinese Travel Permit?

The travel permit is a passport substitute invented by the Chinese government for certain Chinese citizens who are not suitable for issuing passports. The misconception is that it is considered by the Chinese government to be equivalent to a passport, but in fact only the Chinese government recognizes it; other governments only take passports seriously. This means that a travel permit can only be used to enter and leave China, but not to travel to other countries, nor can it be used to obtain entry and exit documents such as visas to other countries.

So the only purpose of the travel permit is to enter and leave China, and it is the child's legal identity document (not the only one) while in China. As long as the child enters China with a travel permit, the child is equivalent to an ordinary Chinese citizen within China and enjoys all the benefits of a Chinese citizen. The Travel Permit itself is only valid for two years, but there is no limit to the length of stay in China for a child entering China on a Travel Permit.

1 Applicable circumstances

According to the Nationality Law of the People's Republic of China, if both or one of the parents are Chinese citizens and the person himself was born in a foreign country and has Chinese nationality, he should apply for a Chinese travel document when he travels to China. (If both or one of the parents are Chinese citizens and are settled in a foreign country, and the person himself was born with foreign nationality, he does not have Chinese nationality and should apply for a Chinese visa when travelling to China.)

2 Materials required

1 copy of Application for Passport/Travel Permit/Repatriation Certificate of the People's Republic of China, duly and completely filled in (may be completed and signed by the child's parents on his or her behalf).

Three recent frontal, bareheaded, colour half-body identity photographs on a white background;

Original and photocopy of the child's birth certificate;

Original and photocopies of both parents' valid passports or other documents proving their nationality (including the page with photo information, the page with previous apostille or extension, the page related to the visa to Canada, the exit stamp of the last departure from China and the entry stamp of the last entry into Canada). If one parent is not in Canada, a copy of the parent's valid passport (or Hukou book, resident card, etc.) and a copy of their country of residence must be submitted.

Original and copy of parents' marriage certificate (if any);

Original and copies of valid residence permits for both parents in Canada or other countries (if available);

Other materials requested from the applicant by the consular officer on a case-by-case basis.

3 How to apply

Both or one of the child's parents must bring the child to the embassy or consulate in person, according to their place of residence in Canada and the territorial division of the Chinese Embassy or Consulate General in Canada. If one parent is unable to come, he or she must provide a written statement signed by him or her and notarized by a local notary public (or by a Chinese notary public if in China) agreeing that the spouse will apply for a travel permit for the child to China.

4 Processing time

Normal processing takes 4 business days. Expedited (2 to 3 business days) or special (1 business day) services are available.

II.There is no choice between getting a visa or a Chinese travel permit

According to the Nationality Law of the People's Republic of China:

Article 4: Both or one parent is a Chinese citizen who was born in a foreign country and has Chinese nationality.

Article 5: Two parents or one of them is a Chinese citizen who was born in a foreign country and has Chinese nationality; but both parents or one of them; a person who is a Chinese citizen and is settled in a foreign country and who has foreign nationality at birth does not have Chinese nationality.

In addition, according to the official webpage of Chinese consulates abroad, "If both or one of the parents is a Chinese citizen and the person was born in a foreign country and has Chinese nationality, he or she should apply for a Chinese travel document when travelling to China. If both or one of the parents are a Chinese citizen and are settled in a foreign country, and the person has foreign nationality at birth, he or she does not have Chinese nationality and should apply for a Chinese visa when travelling to China."

According to the current policy published by the Chinese Consulate General in Houston:

Both parents hold foreign passports and children should apply for a Chinese visa to travel to China.

Both parents hold Chinese passports and both hold foreign residency (e.g. US Green Card, Canadian Maple Leaf Card), and children should apply for a Chinese visa to travel to China.

Both parents are Chinese passport holders, neither of whom holds foreign residency (e.g. US green card, Canadian maple card), and the child should apply for a travel permit.

Both parents are Chinese passport holders and one of them has foreign residency (e.g. US Green Card, Canadian Maple Leaf Card) and the child should apply for a visa.

If one parent has a Chinese passport and one parent has a foreign passport, the child should apply for a visa if the Chinese passport holder has foreign residency (e.g. US Green Card, Canadian Maple Leaf Card). Otherwise a travel permit is required.

So for example, although American babies are born in the U.S. and obtain U.S. citizenship, the Chinese Embassy and Consulates in the U.S. still consider American babies to have Chinese citizenship and should apply for a Chinese travel permit when they travel to China. Therefore, before returning to the U.S., U.S. babies apply for an U.S. passport and a Chinese travel permit. The China Travel Permit is valid for 2 years. U.S. babies can enter and exit the U.S. with their U.S. passports and entry and exit China with their China Travel Permits.

Mabel must have a Chinese travel permit to return to China, and trying to apply for a Chinese visa at a Chinese consulate with a US passport will not work.