Ⅰ.Scope of Application
This Guide is applicable for residence permits for foreigners.
Ⅱ.Legal Basis
Exit and Entry Administration Law of the People's Republic of China, Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners
Ⅲ.Accepting Authorities
The National Immigration Administration (NIA) has entrusted the exit and entry departments of China's public security organs of cities at the prefecture level and above (including districts and counties under the administration of municipalities directly under the central government) to accept applications for residence permits of foreigners.
With the approval of NIA at the request of exit and entry departments of provincial public security organs, exit and entry administration authorities of county-level public security organs are authorized and may accept applications for residence permits.
Ⅳ.Conditions for Application
Foreigners who enter China and need to reside in the country for reasons other than diplomatic or official purposes shall apply to the exit and entry departments of public security organs for the issuance, extension, change, and re-issuance of a residence permit.
Professionals or investors in line with relevant requirements of the State or foreigners who need to change from a stay permit to a residence permit for humanitarian reasons may apply for a residence permit for foreigners with the approval of the exit and entry departments of China's public security organs of cities at the prefecture level or above.
Foreigners applying for a residence permit shall apply in person at the exit and entry departments of China's public security organs to complete relevant formalities. For foreigners who are high-level talents or urgently-needed professionals, or under 16 or over 60 years old, or disabled due to illness or other reasons, an application may be filed by the inviting entity/individual, families or relatives, or a professional service agency on behalf of the applicant.
V.Prohibited Requirements
If the applicant falls under the circumstances specified in Article 31 of the Exit and Entry Administration Law of the People's Republic of China, the residence permit for foreigners shall not be issued.
VI. Application Materials and Requirements
1. Applications for residence permits of foreigners may be accepted upon completion of relevant formalities and submission of relevant materials.
a. Valid passport or other international travel documents.
b. Fill out a Visa/Stay Permit/Residence Permit Application Form and submit a photo that complies with the Guidelines for Exit-Entry Documents Photographs.
c. Supporting materials related to reasons for the application.
d. Other formalities to be completed and supporting materials to be submitted. The original relevant materials will be required for verification, and photocopies shall be submitted.
2. Supporting materials required for application of residence permit
Where a foreigner’s visa indicates that an application for a residence permit is required after entry, an application shall be filed at the exit and entry departments of public security organs in the intended place of residence within 30 days after entry.
Where a foreigner applies for a residence permit with a validity period of above 1 year, the applicant shall submit, under relevant provisions, a health certificate issued by the local health and quarantine authority or health and medical institution above the county level, certifying that the applicant does not have serious mental disorder, tuberculosis or other infectious diseases which may potentially cause substantial hazard to public health. The applicant shall also submit the following supporting materials:
a. Work-type Residence Permit
Foreigners entering China with a Z visa shall submit a work permit issued by the local human resources and social security authority or foreign expert administration authority, and a letter of certification from the employer.
Foreigners entering China with other categories of visas shall submit supporting materials certifying that they comply with the standards for foreign high-level talents, urgently-needed professionals and investors, etc., issued by the competent departments of the Chinese government.
Residence permits with a validity period of no more than 5 years may be issued to foreign high-level talents, urgently-needed professionals, and investors.
A residence permit with a validity period of no more than 2 years may be issued to foreigners who work in registered entities with good track records.
For other personnel, a residence permit with a validity period of no more than 1 year may be issued.
b. Student-type Residence Permit
A foreigner entering China with an X1 visa shall submit a letter from the school/university indicating the term of study, and a letter of admission or enrollment. Foreigners entering China with other categories of visas shall submit supporting materials issued by competent authorities. A residence permit may be issued with a residence period consistent with the indicated term of study of the school/university.
Where a foreigner holding a residence permit for students intends to work part-time or take an internship outside the school/university, the applicant shall, with the approval of the school/university, apply to the exit and entry departments of public security organs for remarks on residence permit indicating the location and duration of the part-time job or internship.
Foreigners holding student-type residence permits without the required remarks shall not be allowed to work or take internships outside the school/university.
c. Journalist-type Residence Permit
Foreigners entering China with a J1 visa shall submit the letter issued by the foreign affairs authority of the provincial-level people's government and a duly issued Press Card. A residence permit with a validity period of not more than one year may be issued.
(4) Reunion-type Residence Permit
Foreigners entering China with a Q1 visa shall submit the identity certificate of the person being visited and a letter explaining the relationship between family members.
Foreigners entering China with other categories of visa shall also submit proofs of family member relationship.
For those under the age of 18 or at or above the age of 60, a residence permit with a validity period of not more than 3 years may be issued. The date of expiry of the residence permit for a person under the age of 18 shall not be later than the date on which he/she turns 18. For other persons, a residence permit with a validity period of no more than 2 years may be issued.
For foreign children of Chinese of foreign nationality or overseas Chinese who are under the age of 18 and in custodial care in China, the exit and entry departments of the public security organ in the place of permanent residence or main place of residence of the custodian may issue a residence permit with a validity period of no more than 3 years. The expiry of his/her residence permit shall not be later than the date on which he/she turns 18. The applicant's birth certificate and a copy of the passports of the foreign parents shall be submitted. For those both or one of whose parents are/is Chinese, a copy of the residence permit in the relevant foreign country shall also be submitted. The applicant shall also submit a letter of child custody from the parents of the applicant and a letter of acceptance of child custody from the custodian. The letter of custody shall clearly indicate the custodian or guardian and the terms of the custody, etc. The custodian's local permanent residence permit or proof of residence in his/her actual place of residence for more than 6 months and the resident ID card shall also be submitted.
(5) Private Affairs-type Residence Permit
For foreigners entering China with an S1 visa for the purpose of visiting family, the applicant shall submit a letter explaining the kinship (spouse, parents, spouse's parents, minor children below 18) from and the residence permit of the person being visited. A residence permit with a validity period consistent with that of the residence permit of the person being visited in China may be issued.
For foreigners entering China with other categories of visa, the visiting person shall submit a letter from and the residence permit of the person being visited and a certificate of kinship (spouse, parents, spouse's parents, minor children below 18). A residence permit with a validity period consistent with that of the residence permit of the person being visited in China may be issued.
Other persons shall submit supporting materials related to the handling of private affairs. A residence permit with a validity period of no more than 1 year may be issued.
Chinese of foreign nationality who have reached the age of 60 and have purchased real properties in China shall submit the property ownership certificates of real properties in their own name or a notarized property purchase contract, proof of source of income, and a residence permit with a validity period of no more than 3 years may be issued.
Foreigners receiving medical assistance and services in China shall submit a hospitalization certificate or medical service certificate issued by a local medical institution at or above the county level or a hospital of grade 2A or above for a period of more than 6 months, and a residence permit with a period of not more than 1 year may be issued.
3. Application for Extension or Change of Residence Permit
For foreigners needing to extend the period of residence or change the registered items, the applicant shall submit relevant supporting materials or relevant certification materials for the change of personal information or purpose of residence in accordance with the provisions above. The residence period may then be extended, and a new residence permit may be issued.
For foreigners residing in China applying for an extension of residence period, the applicant shall submit an application to the exit and entry departments of public security organs under a local people's government at or above the county level in the place of residence 30 days before the expiration of the validity period of the residence permit, and submit relevant materials for the application as required. Upon review, the period of stay shall be extended provided that the reasons for extension are reasonable and sufficient. In case of a denial of an extension of the stay duration, the foreigner shall leave China before the expiry of the residence certificate.
4. Application for Re-issuance of Residence Permit
For foreigners whose residence permit is lost, damaged, or stolen, the applicant shall submit a certification for passport loss report or a note from the embassy or consulate of the country of residence in China, or the damaged passport and the new passport or other international travel documents, and a residence permit may be re-issued.
Ⅶ. Basic Process and Method of Handling
1. Application. For foreigners applying for a residence permit and its extension, change, or re-issuance, the applicant shall apply in person at the exit and entry departments of China's public security organs to complete relevant formalities. For foreigners who have a high-level talent or urgently needed professional, or are under 16 years old or over 60 years old, or disabled due to illness or other reasons, the inviting entity/individual, families or relatives of the applicant or a specialized service agency may file the application on behalf of the applicant.
2. Acceptance. The materials shall be collected completely at one time and the review be done at one time. Upon review, if the foreigner's application complies with the conditions for acceptance, the application shall be accepted and an acceptance receipt is given. The decision for whether or not a residence permit will be issued shall be made within the validity period of the acceptance receipt. The validity period of the acceptance receipt for an application for a residence permit shall not exceed 15 working days after the date of acceptance. Where the formalities and materials required for the application for a residence permit are incomplete, the exit and entry administration authority of the public security organ shall inform the applicant of the formalities to be completed and the materials to be supplemented at one time.
3. Review and verification. The exit and entry departments of public security organs shall verify the authenticity of the application reasons through interviews, telephone inquiries, field investigations, and other means, and confirm whether the applicant is of foreign nationality. Where an applicant or relevant entity/individual is notified to take an interview but fails to do that at the agreed time without justifiable reasons, the application may be denied by law.
4. Decision. If the conditions and standards are met, the decision-making authority shall make the decision on granting administrative permits and issuing residence permits of relevant categories.
Ⅷ. Time Limit
Upon review, if the foreigner's application complies with the conditions for acceptance, the application shall be accepted and an acceptance receipt is given. The decision for whether or not to issue a residence permit shall be made within the validity period of the acceptance receipt. The validity period of the acceptance receipt for an application for a residence permit shall not exceed 15 working days after the date of acceptance.
IX. Charging Basis and Standards
1. Charging Basis
Notice of the National Development and Reform Commission and the Ministry of Finance on Charging Standard and Issues Relating to Residence Permits for Foreigners (Fa Gai Jia Ge [2004] No.2230)
2. Charging Standards
(1) For a residence permit valid for no more than 1 year: CNY 400
(2) For a residence permit valid for 1-3 years: CNY 800
(3) For a residence permit valid for 3-5 years: CNY 1,000
X. Results Delivery
Approved and issued residence permits for foreigners shall be collected by the applicant in person at the exit and entry departments of public security organs with the acceptance receipt.
XI. Rights and Obligations of Administrative Counterpart
In accordance with relevant laws and regulations, an applicant shall be entitled to the following rights:
1. Those who meet the legal conditions and criteria are entitled to equal rights to obtain an administrative license in accordance with the law;
2. They shall have the right to make statements and defend against implementation of the administrative license by an administrative authority;
3． Other rights stipulated by laws and regulations.
In accordance with relevant laws and regulations, an applicant shall perform the following obligations:
1． Applicants shall submit relevant materials and reflect the reality truthfully to the administrative authority and shall be held responsible for the authenticity of the substantive content of the application materials.
2． Applicant shall cooperate with administrative authorities to verify the authenticity of the application materials through interviews, telephone inquiries, field investigations, etc.;
3． Other obligations stipulated by laws and regulations.
XIII. Other Matters for Attention
1. Definition of family members: spouse, parents, spouse's parents, children, siblings, paternal grandparents, maternal grandparents, paternal grandchildren, maternal grandchildren, and children's spouses.
2. Certification of family relationship and kinship: marriage certificate, birth certificate, adoption certificate, and other kinship certificate issued by competent authorities of relevant countries and related notary public authentication. marriage certificate, birth certificate, kinship certificate, and certification on the change of name or other personal information issued by the embassy of the applicant's country of residence in China.
3. A marriage certificate, birth certificate, kinship certificate, or certification on the change of name or other personal information issued by the competent authority or notary public of a foreign country shall be authenticated by the Chinese embassy or consulate in that country.
4. Identity certificates: identity certificates of Chinese mainland residents refer to household register certificates or certificates of residence issued by the actual places of residence for over 6 months and resident ID cards. Overseas Chinese identity certificates refer to Chinese passports and certificates of overseas residence. Identity certificates of Hong Kong and Macao residents refer to the Mainland Travel Permit for Hong Kong and Macao Residents. Taiwan resident identity certificates refer to the Mainland Travel Permit for Taiwan Residents. Foreigner identity certificates refer to Foreigners' Permanent Residence Card. Overseas Chinese and residents of Hong Kong, Macao, and Taiwan should also submit certificates of residence issued by the actual places of residence for over 6 months
5. Relevant supporting materials in a foreign language shall be translated into Chinese.
source: National Immigration Administration
