I. Scope of application

This guide applies to the application for foreigners’ certificates of stay.

II. References of approval

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. Issuing organs

National Immigration Administration entrusts the exit-entry administrations of public security organs of prefecture level or higher level (including districts and counties of municipalities directly under the central government) to issue foreigners’ certificates of stay.

After the exit-entry administration of a provincial public security organ gets the approval of the National Immigration Administration, the exit-entry administration of a county public security organ can issue foreigners’ certificates of stay with the delegation of the National Immigration Administration.

IV. Conditions of application

Where visa-exempt foreigners need to stay in China longer than the visa-free period, or foreign seamen and their accompanying family members need to leave the cities where the ports are located, or under other circumstances in which foreigners’ stay permits should be applied for, they shall apply for such permits in accordance with relevant regulations.

Foreigners who apply for certificates of stay shall file applications with the exit/entry administrations of public security organs in person. Under any of the following circumstances, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may apply for the certificate of stay on behalf of the applicant:

(1) The applicant is under the age of 16 or over the age of 60 or it would unduly inconvenience the applicant due to illness or other reasons;

(2) The applicant’s current entry is not his or her first entry into China and the applicant has a good record of stay or residence in China; or

(3) The inviting entity or individual has guaranteed to cover the necessary expenses of the applicant incurred in China. 

V. Prohibitive requirements

Under any of the circumstances stipulated in Article 21 of the Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners, the certificate of stay won’t be issued to the applicant.

VI. Application documents

(I) When applying for a foreigner’s visa, the applicant shall fulfill relevant formalities and provide relevant documents:

1. Valid passport or other international travel documents;

2. Fill out a visa application form for foreigners and submit a photo compliant with the criteria of Guide for photo of exit-entry certificate;

3. Supporting materials related to the purpose of application;

4. Other due formalities and required supporting materials.

(II) Supporting materials necessary for application of the certificate of stay

1. A visa-exempt foreigner who needs to stay in China longer than the visa-free period for non-diplomatic or official purpose shall submit supporting materials according to relevant regulations and the certificate of stay for the corresponding period can be issued.

2. A foreign seaman and his accompanying family members who need to leave the cities where the ports are located shall submit the seafarer’s certificate or other international travel documents and the letter of guarantee from the shipping agency, as well as the plane (vehicle, ship) ticket with the confirmed date and seat, or other supporting materials related to the purpose of stay, and then a certificate of stay with a stay period of no more than 30 days can be issued.

3. Those who need to stay in China after being approved to renounce their Chinese nationality shall submit the People’s Republic of China’s certificate of resignation, foreign passport or other international travel documents and supporting materials related to the purpose of stay, and then a certificate of stay with a stay period of no more than 180 days can be issued.

4. A foreigner whose purpose of residence is terminated and who needs to stay for a humanitarian reason shall submit his or her residence permit and relevant supporting materials, and then a certificate of stay with a stay period of no more than 30 days can be issued.

5. If a foreign baby born in China needs to stay in China, the baby’s birth certificate and passport and the passports of both parents should be submitted, and a certificate of stay consistent with the period of stay of the parents can be issued;

6. A foreigner who holds a certificate of stay but cannot leave China within the period of validity of the certificate of stay for objective reasons may apply for a change of the certificate of stay. The application documents and the requirements for change are the same as the above provisions;

7. A foreigner whose certificate of stay is lost, destroyed or stolen shall submit the certificate of declaration of loss of his or her passport or a note from the embassy or consulate of his or her country in China and a new valid passport or other international travel documents, and then a certificate of stay for the corresponding period can be reissued.

VII. Basic process and handling method

(I) Application. A foreigner who applies for issuance, change or reissuance of the certificate of stay shall fulfill relevant formalities with the exit/entry administration of public security organ in person. Under the stipulated circumstances, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may apply for the certificate of stay on behalf of the applicant.

(II) Acceptance. The documents shall be received and examined at one time. After examination, if the application for the foreigner’s visa complies with the conditions of acceptance, the application shall be accepted and a receipt of acceptance shall be issued. The decision on whether to issue the visa shall be made within the period of validity of the receipt. The period of validity of the receipt for application of the certificate of stay shall not exceed 7 working days from the date of acceptance. If the visa application formalities and documents are not complete, the exit/entry administration of public security organ shall, in a one-off manner, notify the applicant of the procedure(s) to be followed and the materials to be supplemented and corrected. 

(III) Examination. The exit/entry administration of public security organ shall verify the authenticity of the purpose of application by means of interview, telephone inquiring and on-site investigation and confirm the foreign nationality of the applicant. If the applicant or the relevant entity or individual is informed of the interview but fails to accept the interview on the agreed time without any justified reason, the exit-entry administration can refuse to issue the visa according to law.

(IV) Decision. The decision-making organ shall give the administrative approval to the application compliant with the conditions and the criteria and issue the certificate of stay of the corresponding category.

VIII. Time limit of settlement

After examination, if the application for the foreigner’s visa complies with the conditions of acceptance, the application shall be accepted and a receipt of acceptance shall be issued. The decision on whether to issue the visa shall be made within the period of validity of the receipt. The period of validity of the receipt for application of the certificate of stay shall not exceed 7 working days from the date of acceptance.

IX. Charging basis and standard

(I) Charging basis

Reply of the State Development Planning Commission and the Ministry of Finance on approving the adjustment of the charging standard for visas of foreigners of the public security organs of mainland China (Jijiage[2003]No.392)

(II) Charging standard

A foreigner’s certificate of stay costs RMB 160.

X. Service of result

The approved and issued foreigner’s certificate of stay shall be collected by the applicant in person on the site of the exit/entry administration of public security organ with the receipt of acceptance.

XI. Rights and obligations of the administrative counterpart

(I) According to relevant laws and regulations, the applicant enjoys the following rights:

1. the equal right of getting administrative authorization according to law if the application complies with the legal conditions and standards;

2. the right of statement and defense in regard to the implementation of administrative authorization of administrative organs;

3. other rights stipulated by laws and regulations.

(II) According to relevant laws and regulations, the applicant shall fulfill the following obligations:

1. submit relevant documents and reflect the real situation to administrative organs and be responsible for the authenticity of the substantial contents of the application documents;

2. cooperate with administrative organs in interview, telephone inquiry and on-site investigation in order to verify the authenticity of application documents;

3. other obligations stipulated by laws and regulations. 

XII. Other precautions:

(I) Family members include a spouse, parents, spouse’s parents, children, siblings, grandparents, grandchildren, and children’s spouses.

(II) Certificate of family relationship and certificate of kinship: marriage certificate, birth certificate, adoption certificate, other certificates of kinship and related notarizations issued by relevant national authorities; certificates of change of documents such as marriage certificate, birth certificate, certificate of kinship and name issued by embassy or consulate of the foreigner’s country in China.

(III) The certificates of change of documents such as marriage certificate, birth certificate, certificate of kinship and name issued by foreign competent authorities or notary offices shall be authenticated by Chinese embassy or consulate in the foreigner’s country.

(IV) Identity certificate: The identity certificate of a mainland China resident refers to the household register for local permanent resident or the residence certificate proving the residence in the actual domicile for over 6 months and the citizen ID card. The identity certificate of an overseas Chinese refers to the Chinese passport and the foreign residence certificate. The identity certificate of a Hong Kong or Macao resident refers to the Mainland Travel Permit for Hong Kong and Macao Residents. The identity certificate of a Taiwan resident refers to the Mainland Travel Permit for Taiwan Residents. The identity certificate of a foreigner refers to the permanent resident permit for foreigners. Overseas Chinese and Hong Kong, Macao or Taiwan residents shall submit the residence certificate proving their residence in the actual domicile for over 6 months.

Relevant supporting materials in foreign languages shall be translated into Chinese. 

Appendixes:

1. Process chart of issuance of foreigners’ certificates of stay

2. Visa application form for foreigners