Guidelines for Approval of Foreign Nationals' Eligibility for Permanent Residence in China

I. Scope of Application

This Guidelines applies to foreign nationals applying for permanent residence status in China.

II. Legal Basis

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

III. Processing Authorities

Public security organs under municipal people's governments of cities with subordinate districts; public security sub-bureaus and county-level public security sub-bureaus of direct-controlled municipalities.

IV. Eligibility

Foreign nationals who have made remarkable contributions to the economic and social development of China or meet other conditions for permanent residence in China may apply for permanent residence in China.

Foreign nationals applying for permanent residence in China shall abide by Chinese laws and regulations, be in good health, have no criminal record, and meet one of the following conditions:

(I) The applicant has made direct and stable investments in China, with good tax payment records for three consecutive years;

(II) The applicant holds the position of 1) deputy general manager, 2) factory deputy director or above, or 3) those with professional associate senior titles or above, such as associate professor or associate researcher; or has been enjoying the equivalent salary in China for at least four consecutive years, and residing in China for a total of not less than three years within four years with good tax records;

(III) The applicant has made significant and outstanding contribution(s) to China and is especially needed in the country;

(IV) The spouse and the unmarried children (under age 18) of the applicant who meets the foregoing conditions specified in (I), (II) or (III);

(V) The applicant is the spouse of a Chinese citizen or of a foreign national who has obtained permanent residence status in China; The applicant and his or her spouse has been married for a minimum of five years; The applicant has had a minimum of five consecutive years of residence in China with no less than nine months each year, and has a stable source of income and domicile;

(VI) The applicant under the age of 18 is unmarried and dependent on his or her parents;

(VII) The applicant is or above the age of 60, has no direct relatives abroad, and lives with his or her direct relative in China; The applicant has stayed in China for at least five consecutive years with at least nine months of residence in China each year, and has a stable source of income and domicile.

V. Ineligibility

For foreign nationals who do not meet the foregoing conditions, an application for permanent residence in China will not be accepted.

Additionally, according to Article 24 of the Measures for the Administration of Examination and Approval of Foreigners' Permanent Residence in China, where any of the following circumstances occurs, the National Immigration Administration (NIA) has the right to cancel the previously obtained permanent residence status in China of foreign nationals and confiscate their Foreign Permanent Resident ID Cards or declare their Foreign Permanent Resident ID Cards invalid.

(I) Foreign nationals who may endanger China's national security or interests;

(II) Foreign nationals who have been sentenced to be deported by a people's court;

(III) Foreign nationals who obtained permanent residence in China by false materials or other unlawful means;

(IV) Foreign nationals whose residence in China, without approval, is less than three months each year or less than one year during the five-year residence.

VI. Application Materials

In addition to a valid foreign passport, a Health Certificate, and a foreign Certificate of No Criminal Record, the applicants shall submit the following materials when applying for permanent residence in China.

(I) For investors

1. A copy of the duplicate of the business license of the enterprise legal person;

2. A certificate of the disclosure of the enterprise's annual report;

3. Confirmation Letter on Foreign-funded Projects;

4. A copy of the Capital Verification Report;

5. A copy of the Confirmation Letter on Foreign-funded Projects issued by the national authority or a copy of a certificate issued by competent provincial authorities, which prove that the enterprise is a foreign-funded enterprise encouraged to develop, as well as a copy of the individual tax payment certificate (Only required for those encouraged to develop by the national authority);

(II) For employees

1. A copy of the employment certificate;

2. A copy of the Foreigner's Work Permit;

3. A copy of the registration certificate of the employer;

4. A certificate of the disclosure of the enterprise's annual report;

5. A copy of the project certificate or Confirmation Letter;

6. A copy of the individual tax payment certificate;

(III) For special personnel

1. A copy of the Recommendation Letter;

2. Copies of relevant awards and achievements.

(IV) For the spouse and unmarried children (under age 18) of the above-mentioned eligible investors, employees and special personnel

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

2. A copy of the Foreign Permanent Resident ID Card of the above-mentioned investor, employee, and special personnel.

(V) For spouse

1. A copy of the marriage certificate;

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

3. A copy of the housing rental certificate or property ownership certificate;

4. A copy of a certificate proving that the applicant has a stable source of income.

(VI) For children

1. A copy of the birth certificate or relationship certificate;

2. Copies of the identity certificates of parents who are of Chinese nationality, or copies of valid passports and Foreign Permanent Resident ID Cards of parents who are of foreign nationality;

3. If the parents are divorced, a copy of a certificate that proves the sponsor has responsibilities of guardianship of the child shall be submitted;

(VII) For relatives

1. A copy of a certificate that proves the applicant has no direct relatives abroad;

2. A copy of a certificate that proves the domestic kinship;

3. Copies of the Chinese sponsor's household registration document and Resident Identity Card; or copies of the foreign sponsor's valid passport and Foreign Permanent Resident ID Card;

4. A copy of the housing rental certificate or property ownership certificate;

5. A copy of a certificate proving that the applicant has a stable source of income.

VII. Procedure and Means of Application

(I) Application. The applicant shall apply for permanent residence in China at the public security organs under municipal people's governments of cities with subordinate districts, or public security sub-bureaus or county-level public security sub-bureaus of direct-controlled municipalities where the investment is made or where the long-term residence is located. Applications are also allowed to be submitted by entrusted persons. If the applicant is under the age of 18, the application can also be submitted by his/her parent(s) or entrusted person(s). For an application submitted by an entrusted person, a Power of Attorney issued by the applicant and notarized by a notary office is required. If the Power of Attorney is issued by the applicant abroad, it shall be certified by the Chinese embassy or consulate of the corresponding country.

(II) Processing, review, and final decision. Processing authorities shall complete the investigation within three months from the date of acceptance and report the eligible applications to inspection authorities. Inspection authorities shall complete the review of relevant applications within two months and report eligible applications to NIA for approval. For applicants who do not meet the relevant requirements, NIA shall decide to disapprove. Foreign Permanent Resident ID Cards shall be issued by NIA to foreigners who are approved for permanent residence in China. For applications of change or re-issuance of Foreign Permanent Resident ID Cards, processing authorities shall report the eligible applications to inspection authorities upon investigation. Upon review, inspection authorities shall report to NIA for approval.

VIII. Basis and Standards for Fees

(I) Basis

Reply Letter on Approving the Setup of Application Fees for Foreigner's Permanent Residence Card and the Charging Items of Foreigner's Permanent Residence Card (Cai Zong [2004] No. 32) issued by the Ministry of Finance and the National Development and Reform Commission, Notice on the Charging Standards of Foreigner's Permanent Residence Application Fee and Related Issues (Fa Gai Jia Ge [2004] No. 1267) issued by the National Development and Reform Commission and the Ministry of Finance.

(II) Standards

Application fee: CNY 1,500.

Production of card: CNY 300.

Re-issuance due to loss or damage: CNY 600.

Renewal upon expiration: CNY 300.

IX. Processing Time

Public security organs shall make decisions on approval or disapproval within six months from the date of accepting applications from foreign nationals for permanent residence in China.

The decision made by public security organs is the final decision.

X. Delivery of Foreigner's Permanent Residence Card

If approved, a Foreigner's Permanent Residence Card will be sent by processing authorities to the applicant, guardian, or entrusted person. At the same time, the old valid visa or residence permit of the applicant will be canceled.

XI. Rights and Obligations of Administrative Counterparts

(I) The applicant enjoys the following rights as specified by relevant laws and regulations:

1. The applicant who meets the legal conditions and standards is entitled to equal rights for obtaining administrative certificates;

2. The right to make statements and defend the approval of the administrative certificate implemented by administrative organs;

3. Other rights specified by laws and regulations.

(II) The applicant has the following obligations as specified by relevant laws and regulations:

1. The applicant shall faithfully submit relevant materials, report the actual situation to administrative organs, and shall be liable for the authenticity of the content of the materials submitted;

2. The applicant shall cooperate with administrative organs in interviews, phone calls, and on-site investigation to verify the authenticity of submitted materials for application;

3. Other obligations specified by laws and regulations.

Appendix: Flow Chart for Review and Approval of Foreigners' Permanent Residence in China

Appendix

If the applicant is an overseas Chinese and has changed his/her name (while his/her English name is not transliterated from the Chinese name) after becoming a foreign citizen, a notarization procedure for the change of his/her name is required.

The certificates of no criminal record, marriage, birth, kinship, and change of name, along with other materials issued by relevant foreign authorities shall be certified by the Chinese embassy and consulate of the corresponding country.