Question 7:
A male Canadian and a female Taiwanese had a baby in Canada, is the baby considered a ROC national? If he wants to apply for ROC nationality, does he have to give up his Canadian nationality? Will he be given the right to vote and required to serve military service?
In accordance with Subparagraph 1, Paragraph 1, Article 2 of the Nationality Law, the child of a male Canadian and a female Taiwanese may possess ROC nationality if one or both parents possess ROC nationality when the child was born. Those children, who were born abroad, apply for household registration and settlement shall be in accordance with Article 10 of the Immigration Act. The eligible petitioners are:
- Petitioners, born abroad and under 12, entered the country using a ROC passport, with one or both parents possessing ROC nationality at the time of the petitioner’s birth.
- Petitioners, born abroad and under 12, entered the country using a foreign passport, with both parents possessing ROC nationality at the time of the petitioner’s birth.
Submit the documents below and apply for settlement certificate at the local service center of the National Immigration Agency and the processing procedures take five weekdays, then register at the Household Registration Office.
（１）one application form and one photograph.
（2） The original and one photocopy of birth certificate verified by the ROC Missions abroad, the original shall be examined and returned immediately.
（３）The original and photocopy of passport, the original shall be examined and returned immediately.
（４） One copy of the household registration or ID card of the petitioner’s mother ( petitioners must enter the country using a valid ROC passport).
（５）Certificate of physical examination (not applicable for children below six).
（６）Certificate fee of NT$400 and attached an envelope of registered mail.
- When the parents of the child have not registered marriage registration in Taiwan Areas or the column for father’s name in the birth certificate is blank, these cases shall be considered as an unwed birth and the child shall take the mother’s surname.
- After registering household registration in the Taiwan Areas, the applicant who wants to go abroad shall apply for a ROC passport with the ID number to the Bureau of Consular Affairs, the Ministry of Foreign Affairs and the processing procedures take four weekdays.
- When the child was born of one or both parents holding ROC nationality, they do not need to apply for naturalization (giving up nationality) when they apply for registering household registration.
- In accordance with Article 17 of the Constitution, the basic national rights include the right of election, recall, initiation, and referendum. As for the obligation to serve military service, pursuant to Article 20 of the Constitution, male nationals are obliged to serve mandatory military service. For individuals holding dual nationalities, military conscription shall be governed in accordance with the Conscription Regulations for Returning Overseas Chinese.
