I. Scope of application

This guide applies to the application for foreigners’ residence permits.

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’ residence permits.

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 district public security organ can issue foreigners’ residence permits with the delegation of the National Immigration Administration.

IV. Conditions of application

Where a foreigner needs to live in China for non-diplomatic or official purposes after entry, he/she shall apply for issuance, extension, change or reissuance of the residence permit with the exit-entry administration of a public security organ according to the provisions.

Foreigners with expertise and foreign investors who conform to relevant State regulations or foreigners who need to change their status from stay to residence for humanitarian or other reasons, may undergo the formalities for obtaining foreigner’s residence permits upon approval by the exit/entry administrations of public security organs under local people’s governments at or above the city with districts.

Foreigners who apply for issuance, extension, change or reissuance of residence permits shall fulfill relevant formalities with the exit-entry administrations of public security organs in person. For the applicant who is high-level talent needed or specialist urgently needed by the State, or the applicant under the age of 16 or over the age of 60 or physically inconvenienced due to illness or other reasons, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may file the application on behalf of the applicant.

V. Prohibitive requirements

Under any of the circumstances stipulated in Article 31 of the Exit and Entry Administration Law of the People’s Republic of China, the foreigner’s residence permit won’t be issued to the applicant.

VI. Application documents and requirements

(I) When applying for a foreigner’s residence permit, 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. The applicant can present the originals of relevant supporting materials for verification and leave the photocopies for filing.

(II) Supporting materials necessary for application of the residence permit

Where visas held by foreigners specify that foreigners need to apply for residence permits after entry, such foreigners shall, within 30 days from the date of their entry, apply to the exit/entry administrations of public security organs in the proposed places of residence for foreigners’ residence permits.

A foreigner who applies for a residence permit valid for over 1 year shall submit his or her health certificate issued by the local sanitary quarantine department or a medical service of county or higher level according to the provisions to prove that the applicant does not suffer from severe mental disorders, infectious tuberculosis or other infectious diseases that may cause major harm to public health.

And the applicant shall submit the following supporting materials:

1. Residence permit for work: The immigrant with visa Z shall submit the work permit issued by local human resources and social security administration or bureau of foreign experts affairs and the certificate issued by his/her employer. The immigrant with another category of visa shall also submit the supporting materials proving that he or she complies with the conditions and requirements for foreign high-level talents, urgently needed specialists and investors defined by competent authorities of Chinese government. For foreign high-level talents, urgently needed specialists and investors, the residence permits with a residence period of no more than 5 years can be issued. For foreigners working in the filed entities with good credit, a residence permits with a residence period of no more than 2 years can be issued. For other foreigners, residence permits with a residence period of no more than 1 year can be issued.

2. Residence permit for study: The immigrant with visa X1 shall submit the letter proving his/her study period by his/her school and the certificate of admission. The immigrant with another category of visa shall also submit the supporting materials issued by the competent authorities. The residence permit with a residence period consistent with the study period indicated by the school can be issued. Where a foreigner with the residence permit for study needs to take a part-time job while studying or have an internship out of school, he/she shall submit the letter of approval of the part-time job or internship out of school issued by the school and the internship entity and apply for annotation on his/her residence permit with the exit-entry administration of public security organ.

3. Residence permit for journalist: The immigrant with visa J1 shall submit the letter and the certificate of journalist issued by the foreign affairs office of the provincial government. The residence permit with a residence period of no more than 1 year can be issued.

4. Residence permit for family reunion: The immigrant with visa Q1 shall submit the identity certificate of the person to be visited and the letter proving the family relationship. The foreigner with another category of visa shall also submit the certificate of family relationship. For foreigners under the age of 18 or over the age of 60, the residence permit with a residence period of no more than 3 years can be issued. The deadline of the residence period for foreigners under the age of 18 shall not be later than his/her 18th birthday. For other foreigners, the residence permit with a residence period of no more than 2 years can be issued.

For the foreign children fostered in China of foreign Chinese or overseas Chinese, the trustee of foster care may apply for residence permits valid for no more than 3 years on their behalf with the exit/entry administrations of public security organs in their household register place or main living place, but the deadline of the residence period shall not be later than the children’s 18th birthday. The certificate of birth of the applicant and the photocopies of passports of the foreign parents shall be submitted. If both parents are Chinese or that one of the parents is Chinese, the applicant shall submit the photocopy of the certificate of residence overseas; the letter of authorization of the applicant’s parents and the acceptance of authorization of the trustee of foster care including the contents such as the entrusted supporter or guardian and the duration of foster care; the local household register for permanent resident or the certificate of residence in the actual domicile for over 6 months and the citizen ID card of the trustee.

5. Residence permit for private affairs: The foreigner with visa S1 to visit family shall submit the letter proving the kinship (spouse, parents, spouse’s parents, children under the age of 18) issued by the person to be visited and the residence permit of the person to be visited. The residence permit with a residence period consistent with the residence period in China of the person to be visited can be issued. Other foreigners shall submit the supporting materials related to private affairs. The residence permit with a residence period of no more than 1 year can be issued.

A foreigner with another category of visa to visit family shall submit the letter, the residence certificate and the certificate of kinship (spouse, parents, spouse’s parents, children under the age of 18) issued by the person to be visited, and then the residence permit with a residence period consistent with the residence period in China of the person to be visited can be issued. A foreign Chinese who is over the age of 60 and has bought house property in China shall submit the house property certificate under his/her name or the notarized house purchase contract and the certificate of economic sources, and then the residence permit with a residence period of no more than 3 years can be issued. A foreigner who receives medical aid or service in China shall submit the hospitalization certificate for a period of over 6 months or the certificate of receiving medical service issued by a local medical institution of county or higher level or of Class II A, and then the residence permit with a residence period of no more than 1 year can be issued.

(III) To apply for the extension or change of the residence permit, the extension of residence period of foreigners or the change of registered information of residence permit, the applicant shall submit relevant supporting materials or personal basic information and supporting materials related to the change of residence purpose according to the above articles, and then the residence period can be extended and the residence permit can be changed.

(IV) Application for reissuance of residence permit

A foreigner whose residence permit is lost, destroyed or stolen shall submit the certificate of loss of his or her passport or a note from the embassy or consulate of his or her country in China, or present the destroyed residence permit and the new passport or other international travel documents, and then the residence permit can be reissued.

VII. Basic process and handling method

(I) Application. A foreigner who applies for issuance, change or reissuance of the residence permit shall fulfill relevant formalities with the exit/entry administration of public security organ in person. For the applicant who is high-level talent needed or specialist urgently needed by the State, or the applicant under the age of 16 or over the age of 60 or physically inconvenienced due to illness or other reasons, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may file the application on behalf of the applicant.

(II) Acceptance. The documents shall be received and examined in at one time. After examination, if the application for the foreigner’s residence permit 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 residence permit shall be made within the period of validity of the receipt. The period of validity of the receipt for application of the residence permit shall not exceed 15 working days from the date of acceptance. If the application formalities and documents for residence permit 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 residence permit 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 residence permit of the corresponding category.

VIII. Time limit of settlement

After examination, if the application for the foreigner’s residence permit 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 residence permit shall not exceed 15 working days from the date of acceptance.

IX. Charging basis and standard

(I) Charging basis

Reply of the National Development and Reform 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 (Fagaijiage[2004]No.2230)

(II) Charging standard

1. Residence permit valid for less than 1 year: RMB 400;

2. Residence permit valid for 1 (included) to 3 years: RMB 800;

3. Residence permit valid for 3 (included) to 5 (included) years: RMB 1000.

X. Service of result

The approved and issued foreigner’s residence permit 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’ residence permit

2. Visa application form for foreigners

Appendix 1