Service Guide for Examination and Approval of Foreigner's Permanent Residence

1. Scope of application

This guide is applicable to foreigners applying for permanent residence in China.

2. Approval basis

"Exit and Entry Administration Law  of the People’s Republic of China",  "Measures for the Administrative Examination and Approval of Foreigners' Permanent Residence in China” 

3. Accepting agency

The public security organs of the people's governments at the districted city level, the public security branches of the municipalities directly under the Central Government, and the county bureaus.

4. Application requirements

5. Foreigners who have made outstanding contributions to China's economic and social development or meet other requirements for permanent residence in China may apply for permanent residence in China.

Foreigners applying for permanent residence in China should abide by Chinese laws, be healthy, have no criminal record, and meet one of the following requirements:

(1) Those who have a direct investment in China with stable investment situation for 3 consecutive years and good tax records.

(2) Those who have served for 4 consecutive years as deputy general manager, deputy factory director or above, or with associate professor, associate researcher and other deputy senior titles or above in China, and have a good tax records. The accumulative residence time in China in the past 4 years must not be less than 3 years.

(3) Those who have made significant and outstanding contributions to China and are the talents that China is in special need of.

(4) The spouses and their children under the age of 18 of the persons above-mentioned in the item 1, 2, 3.

(5) The spouse of a Chinese citizen or a foreigner who has obtained permanent residence in China, has been in marriage for 5 years, has resided in China for 5 consecutive years, has resided in China for not less than 9 months each year, and has a stable life support and fixed abode.

(6) Unmarried children under the age of 18 who seek refuge to their parents;

(7) Those who do not have immediate family members abroad, and seek refuge to immediate family members in China, and have reached 60 years of age, have resided in China for 5 consecutive years, have resided in China for not less than 9 months each year, and have stable life support and fixed abode.

5. Prohibitive requirements

Foreigners who do not meet the aforementioned requirements will not be accepted for permanent residence applications in China.

In addition, according to Article 24 of the "Measures for the Administrative Examination and Approval of Foreigners' Permanent Residence in China," the National Immigration Administration can cancel foreigner’s permanent residence in China, take over their permanent residence ID cards or declare them invalid if they have any of the following circumstances .

(1) Those who may cause harm to national security and interests;

(2) Those who were sentenced to deportation by the People's Courts;

(3) Those who have obtained the permanent residences in China by providing false materials and other illegal means;

(4) Without government’s approval, those whose accumulative residence time in China is less than 3 months each year, or whose accumulative residence time in China in the past 5 years is less than 1 year.

6. Application materials

Foreigners applying for permanent residence in China are required to submit the following materials in addition to basic materials (valid foreign passport, health certificate, and certificate of no criminal record abroad).

(1) Investors

1. The business license copy of the enterprise legal person;

2. A copy of approval certificate of foreign-invested enterprise;

3. Public certificate of the enterprise annual report;

4. Confirmation letter of foreign-investment project;

5. The copy of capital verification report;

6. Encouraged foreign-invested enterprises shall also provide the confirmation letter of the foreign-investment projects issued by the government or a copy of the certificate issued by the provincial administrative department for certifying that the enterprise is a foreign-invested enterprise encouraged by our country, and a copy of the personal tax payment certificate.

(2) Staff

1. A copy of the certificate of employment;

2. A copy of work permit for foreigners in China;

3. A copy of unit registration certificate;

4. Public certificate of the enterprise annual report;

5. A copy of approval certificate of foreign-invested enterprise;

6. A copy of project certification document or confirmation letter;

7. A copy of personal tax payment certificate.

(3) Special personnel

1. A copy of recommendation letter;

2. Copies of relevant rewards and achievement certificates.

(4) Spouses of investors, employees, special personnel and their unmarried children under the age of 18

1. Copies of marriage certificate, birth certificate or parent-child relationship certificate;

2. A copy of foreigner’s permanent residence ID card for investors, employees, and special personnel.

(5) Reunion couples

1. A copy of marriage certificate;

2. A copy of the identity certificate of the spouse;

3. A copy of certificate of the house lease or property right;

4. A copy of life support certificate.

(6) Parent-child reunion personnel

1. A copy of birth certificate or parent-child relationship certificate;

2. A copy of the identity certificate of the parent with Chinese nationality, or copies of the valid passport and the foreigner’s permanent residence ID of the parent with foreign nationality ;

3. If both parents have divorced, a copy of the proof that the person who is sought refuge has a guardianship relationship with the applicant;

(7) Relatives who seek refuge

1. A copy of the certificate that the applicant has no immediate family members abroad;

2. A copy of the certificate of domestic family relationship;

3. A copy of the permanent residence certificate and resident ID of the Chinese citizen  who is sought refuge by the applicant; or a copy of the valid passport and the foreigner's permanent residence ID of the foreigner who is sought refuge by the applicant;

4. A copy of certificate of the house lease or property right;

5. A copy of life support certificate.

7. Basic procedures and methods of handling

(1) Application. For foreigners applying for permanent residence in China, the applicant himself/herself or the parents or entrusted persons of applicant under the age of 18 shall apply to the public security agency of the municipal people’s government or the public security branches of the municipality directly under the Central Government in the main investment place or long-term residence place. If the application is made by the entrusted person, the power of attorney issued by the applicant and notarized by the notary office shall be submitted. The power of attorney issued by the applicant abroad must be authenticated by the Chinese embassy or consulate in that country.

(2) Acceptance, review and decision-making. The accepting agency shall complete the investigation within 3 months from the the date of acceptance, and report the qualified applications to the reviewing agency. The reviewing agency will complete the review within 2 months and submit the qualified ones to the Ministry of Public Security for approval. If the requirements are not met, the accepting and reviewing agency shall make a decision not to approve on behalf of the Ministry of Public Security within the aforementioned time limit. Foreigners who are approved for permanent residence in China shall be issued a foreigner's permanent residence ID card by the Ministry of Public Security. For applications for renewal and reissuance of foreigner's permanent residence ID cards, the accepting agency will report the qualified applications to the reviewing agency after completing the investigation, and the reviewing agency will report to the Ministry of Public Security for certification after completing the review.

8. Basis and standards for examination and approval fees

(1) Charging basis

"Response on Approving the Establishment of Application Fees for Foreigners' Permanent Residence" ([2004] No. 32), and "Notice on the Fee Scale and Related Issues of Application Fees for Foreigners' Permanent Residence" ([2004] No. 1267) issued by the Ministry of Finance, National Development and Reform Commission.

(2) Fee scale

Application fee: RMB 1500.

Certificate fee: RMB 300.

Compensation fee for lost or damage: RMB 600.

9. Time limit for closing

The public security administration shall make a decision of approval or disapproval within 6 months from the date of accepting the foreigner's application for permanent residence in China.

The decision made by the public security administration is final.

10. Delivery of results

If the approval is passed, the foreigner’s permanent residence ID card shall be transferred to the applicant, guardian or entrusted person by the accepting agency, and the applicant’s original valid visa or residence certificate shall be canceled at the same time.

11. Rights and obligations of administrative counterparts

(1) According to relevant laws and regulations, the applicant has the following rights:

1. Those who meet the statutory conditions and standards have equal rights to obtain administrative licenses in accordance with the law;

2. The right to make statements and defenses against administrative agencies implementing administrative licenses;

3. Other rights stipulated by laws and regulations.

(2) In accordance with relevant laws and regulations, the applicant shall perform the following obligations:

1. Faithfully submit relevant materials and reflect the true situation to the administrative agency, and be responsible for the authenticity of the application materials;

2. Cooperate with administrative agencies in interviews, telephone inquiries, on-site investigations, etc. to verify the authenticity of the application materials;

3. Other obligations stipulated by laws and regulations.

Appendix: 1. Flow chart for the review and approval of the qualifications of foreigners' permanent residence in China

2. Application form for foreigners' permanent residence in China

3. Receipt of acceptance of foreigner's permanent residence ID card

4. Notification of non-acceptance

5. Decision of disapprove

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5 

 

Note: If the applicant is a foreign Chinese who changes his name after naturalizing into a foreign country (the English name is not a transliteration of the Chinese name), the change of his name needs to go through the notarization procedures.

The no criminal record certificate, marriage certificate, birth certificate, family relationship certificate issued by relevant foreign institutions.

The article is sourced from Ministry of Public Security