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    property in china if wife becomes uk citizen

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    paulnottingham
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    Where I live : Nottingham England
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    property in china if wife becomes uk citizen

    Post by paulnottingham on 08/10/12, 10:21 am

    My wife and I are due to sort out the ILR at the end of this year and were then of the mindset that we would wait a year untill she could apply for UK citizenship then do that as well.

    we felt it would be far easier for going on trips to europe plus it makes trips to the states and thailand / australia somewhat easier as well if she is on a uk passport.

    Her parents have raised a query though because it is our understanding that she would no longer be a chinese citizen as they do not accept dual nationality - so what would happen with inheritence for example property? - would her parents still be able to leave it to her and can she legally own it (rent it / sell it) if she is not a chinese citizen?

    any advise appreciated
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    davidmckendrick
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    Re: property in china if wife becomes uk citizen

    Post by davidmckendrick on 08/10/12, 12:02 pm

    UK Citizens can own property in China after they have lived in China for one year so I would hope that anyone who has lived most of their life in China would be allowed to own property there.

    If she retains her Chinese ID card then nobody in China has to know that she has UK Citizenship anyway. The UK government do not tell anyone outside UK when anyone takes UK Citizenship and it is legal to have dual nationality in UK.

    Trips to Thailand are easy for Chinese Citizens and trips to Europe only mean she has to apply in advance for a free Schengen visa.


    David
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    chinatyke
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    Re: property in china if wife becomes uk citizen

    Post by chinatyke on 08/10/12, 12:11 pm

    Paul, this should answer some of your questions with regard to property law:

    http://www.lehmanlaw.com/resource-centre/faqs/real-property.html

    Foreigners CAN own property in China.

    And this link for the Laws of Succession in China:

    http://www.novexcn.com/law_of_succession_1994.html

    Her relationship to her parents (ie. daughter) did not change when she changed her nationality and so she would inherit in accordance with the Law of Succession of the People's Republic of China.


    There is also a good article here:

    http://www.phillipsnizer.com/publications/articles/ModernInheritChina2-07_art.cfm


    Last edited by chinatyke on 08/10/12, 12:18 pm; edited 1 time in total (Reason for editing : added link to third article.)
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    makem
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    Re: property in china if wife becomes uk citizen

    Post by makem on 08/10/12, 01:01 pm

    You are both young and you have many years ahead of you. In those years many things will change. Although China does not recognize dual Nationality, it may. Although the UK does not tell China today about dual nationality, it may. Although Chinese can visit China now and obtain a new 10 year passport relatively easily, that may change.

    Yes foreigners can own property in China but what happens should the Chinese Government find that she has flouted their laws? Could they confiscate the property as punishment? Owning property in China whilst resident is not a problem, but when resident in the UK, is that just as easy without relatives in China?

    It only needs a computer program to check the periods between visits to and from China to determine she is not ORDINARILY resident in China. The Chinese tend to follow security procedures of other countries, look at the changes to your visa application form in the last 2 or 3 years.

    My advice would be to wait, maybe 10 years and think again. This is about the time when she must renew her passport and many things may be different.

    So, it is a pain to have to obtain visas, but how many will she need in 10 years? Don't forget as a UK citizen she SHOULD have a visa to visit China.

    I think the unknowns outweigh any advantage in getting UK Citizenship today.

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