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Permanent Residence Application for Foreign Citizens

Updated: undefined AT,[CRE  CLOSE

Guidance of Foreigners Applying for Permanent Residence

I.    Acceptance Conditions

1.    Basic Conditions

a.    Abide by Chinese Laws. The applicant should have at the time of
application no unsettled criminal lawsuit or unsettled liabilities for administrative malfeasance; no criminal record in China; no other unlawful acts of vile nature or with rather serious circumstances;

b.    Good Health. The applicant should have at the time of application no
mental disease or statutory infectious diseases such as AIDS, V.D., Open Tuberculosis, etc., and be able to take care of himself/herself in daily life; or the applicant may have other illness and can not take care of himself/herself in daily life but causes no burden to the society;

c.    No Criminal Record. The applicant should have no criminal record
at his major place of living outside China or at any place in China. “Major place of living” refers to a country or region where the applicant has continuously lived for over 2 years.

2.    Categorized Conditions

a.    Those who have direct investment in China, remain investment
steady and keep a good tax-paying record during the past three continuous years. (Investors)
“Direct investment” refers to investment made by foreign individuals in China in the forms of setting up enterprises with foreign investment, joint exploration of petroleum with Chinese investors, etc. Investment can take the form of cash such as RMB and USD, as well as the forms of technology, patent, equipment, etc.. “Direct Investment” does not include investment in real estate, stock, or securities.
“Keep investment steady during the past three continuous years” means that in the past three continuous years by the time of application, the total of authorized capital actually paid (“authorized capital actually paid” refers to the capital actually in place) by the applicant is not lower than the fixed standards.
The standards for actually paid authorized capital by foreign investors are:

a.1. the total investment in any of the industries listed in the “Guiding Catalogue of Industries for Foreign Investors” issued by the national government is over USD 500,000.00;

a.2. the total investment in West China or in any other key poverty alleviating and development county of the country is over USD 500,000.00;

a.3. the total investment in Central China is over USD 1 million;

a.4. the total investment in China is over USD 2 million.

“Have a good tax-paying record” means that the applicant has paid all taxes as prescribed by Chinese laws, including individual income tax, taxes on buildings and estate, vehicle and vessel license and plate tax, stamp tax, deed tax and so on.

b.    Working in China as deputy general managers, deputy factory directors or on higher positions, or having titles not lower than associate professors and assistant senior researchers or their counterparts, and having been working for at least 4 continuous years. During the 4 years of work in China an applicant should have an accumulated tenure of residence in China of not less than three years and have a good tax-paying record. (Employees)

The unit where the applicant works should belong to one of the following types:

b.1. institutions directly under various ministries of the State Council or directly under provincial governments;

b.2. key universities;

b.3. enterprises or institutions undertaking national key engineering projects or key research projects;

b.4. hi-tech and neo-tech enterprises, government-encouraged enterprises with foreign investment, advanced technology enterprises with foreign investment and export enterprises with foreign investment.

The applicant should simultaneously meet such conditions as working unit, title (or position), tenure of residence and so on during the past 4 years by the time of application. If there has been change of working unit, title, or position, the changed conditions should meet the prescribed requirements.

c.    People who have made outstanding contributions to China or who are especially needed by the country. (Special Personnel)

“People who have made outstanding contributions to China or who are especially needed by the country” are collectively called “special personnel”, referring to people who have made significant or outstanding contributions to the economic or social development of China; top talents of special significance to the world; people with special skills; or world famous people. “Special Personnel” include winners of world famous prizes for science, world renowned scholars, entrepreneurs, athletes, literary and art workers, and so on.

d.    Spouses or unmarried children under 18 of the above listed three categories of applicants. (Accompanying family members of investors, employees or special personnel)

Such applicants can apply together with above-listed investors, employees or special personnel. Or they can put forward their applications after investors, employees or special personnel have attained approval of permanent residence in China.

e.    Spouses of Chinese citizens or of foreigners as permanent residents in

China, whose marriage relations have lasted for at least five years, and have a continuous tenure of residence in China of not less than five years. During the five years of residence the applicants should have stayed in China for at least nine months annually and have steady sources of income and domiciles. (Couple Reunion)

“Chinese Citizens” refer to Chinese citizens with permanent household register in China.

The applicant should still be in marriage relation. The applicant’s lawful residence or tenure of study or work in China before application can be counted as part of the residence tenure prescribed in this article.

f.    Unmarried children under 18 come to live with their parents. (Reunion of Parents and Children)

The applicant should have at the time of application at least one parent who is a Chinese citizen or a foreigner with the right of permanent residence in China.
“Chinese Citizen” refer to a Chinese citizen with permanent household register in China.

g.    People who have no directly-related family members outside China
and come to seek refuge with their directly-related family members in China. The applicants should be not younger than 60 and have a tenure of residence in China of at least five years, with an annual stay in China of not less than 9 months, and should have steady sources of income and domiciles. (Relatives Coming for Refuge)

The applicant should be at least 60 years old at the time of application and should simultaneously meet other prescribed conditions during the past 5 years by the date of application. The applicant’s lawful residence or tenure of study or work in China before application can be counted as part of the residence tenure prescribed in this article.

Note: the time limits mentioned in this article all refer to continuous terms before the date of application.

II.    Application Documents

1.    Basic Application Documents

a.    Valid foreign passports or valid certificates that can substitute for
passports;

b.    Certificates of accommodation registration;

c.    lawful and valid certificates of health issued by health quarantine
organizations appointed by the Chinese government or medical institutions outside China recognized by Chinese embassies or Consulates in those countries (“Certificates of health” are the results of physical examination during the past six months by the date of application);

d.    no-crime records outside China approved by Chinese embassies or
consulates;

e.    four recently taken two-inch, bare-headed, full-faced colour photos;

2.    Categorized Application Documents

a.    Investors

Licenses of enterprises with foreign investment, registration certificates and joint annual examination certificates (a “joint annual examination certificate” is a certificate jointly issued by Foreign Economics and Trade Commision, Bureau of Industrial and Commercial Management, Tax Bureau, the Customs, Foreign Currency Management Bureau, etc.), capital assessment reports, individual duty-paid proof (“individual duty-paid proof” is a certificate showing that the applicant has paid all duties during the prescribed term).

Investors of government-encouraged enterprises with foreign investment should provide project approval certificates issued by the government.

b.    Employees

The following documents should be provided:

b.1. certificates of positions or titles issued by their employers;

b.2. Foreign Expert Certificates or Employment Certificates of Foreigners

b.3. registration certificates of working units and their annual examination certificates (“annual examination certificates” are certificates issued by responsible departments for the annual examination of registration certificates of institutions and enterprises other than enterprises with foreign investment), individual duty-paid proof (“individual duty-paid proof” is a certificate showing that the applicant has paid all duties during the prescribed term); in the case of employees in enterprises with foreign investment, licenses of the enterprises and joint annual examination certificates are needed;

b.4. Applicants working in enterprises or institutions undertaking national key engineering projects or key research projects should provide proof of project issued by province-level or ministry-level responsible departments; applicants working in hi-tech and neo-tech enterprises should provide certificates of hi-tech and neo-tech enterprises; applicants working in government-encouraged enterprises with foreign investment, advanced technology enterprises with foreign investment and export enterprises with foreign investment should respectively provide letters of project confirmation issued by the government, confirmation of advanced technology enterprises with foreign investment and confirmation of export enterprises with foreign investment made by the government.

c.    Special Personnel

Applicants of this category should provide Letters of recommendation and relative certificates issued by responsible departments of the Chinese government (“letters of recommendation and relative certificates” refer to letters of recommendation provided by responsible ministries, commissions and bureaus under the State Council, residence certificates and prize-winner certificates issued by responsible departments of the Chinese government, and certificates of the applicants’ research achievements of world significance. According to relative regulations, overseas Chinese scientific and technological talents are identified and recommended by the National Personnel Department, and can be confirmed with letters of recommendation, letters of identity confirmation and “Certificate of Expert Coming to Reside in China”).

Such Applicants do not need to provide health proof or no-crime records.

d.    Investors, Employees, and Accompanying Family Members of Special Personnel Spouses should provide marriage certificates; unmarried children under 18 should provide birth certificates or certificates of family relation; adopted children should provide certificates of adoption.

Certificates mentioned above in this term which are issued by foreign responsible institutions should be confirmed by Chinese embassies or consulates in such countries.

Unmarried children under 18 do not need to provide health proof or no-crime records.

e.    Couple Reunion Applicants

Such applicants should provide their Chinese spouses’ certificates of permanent household register or their foreign spouses’ certificates of permanent residence, marriage certificates, notarized guarantee of living expenses (“guarantee of living expenses” shows that according to the lowest monthly guaranteed living expenses at the place of acceptance institution, the applicant has disposable property equal to not less than 10 years of deposit, or that the applicant has source(s) of income not lower than the prescribed monthly income standard within five years after the acceptance of application), and certificates of house lease or certificates of house ownership. Certificates mentioned in this term issued by foreign responsible institutions should be confirmed by Chinese embassies or consulates in such countries.

f.    Reunion of Parents and Children

This category of applicants should provide their Chinese parents’ certificates of permanent household register or their foreign parents’ certificates of permanent residence, birth certificates or certificates of family relation; adopted children should provide certificates of adoption. Certificates mentioned above in this term issued by foreign responsible institutions should be confirmed by Chinese embassies or consulates in such countries.

g.    Relatives Coming for Refuge

Such applicants should provide their directly-related Chinese relatives’

Certificates of permanent household register or their directly-related foreign relatives’ certificates of permanent residence, notarized certificates of kinship relations and proof of the fact that such applicants have no directly-related relatives outside China, notarized certificates of sources of income (“proof of income source(s)” shows that according to the lowest monthly guaranteed living expenses at the place of acceptance institution, the applicants has disposable property equal to not less than 10 years of deposit, or that the applicant has source(s ) of income not lower than the prescribed monthly income standard within five years after the acceptance of application), or financial warranty provided by the applicants’ relatives, or the applicants or their relatives’ certificates of house lease or certificates of house ownership. Certificates mentioned above in this term issued by foreign responsible institutions should be confirmed by Chinese embassies or consulates in such countries.

III.    Procedures and Time Limits

Acceptance of application for permanent residence in China by foreigners (Acceptance institutions: public security organizations under municipal governments,   public security subbureaus and county public security bureaus in municipalities directly under the central government)→Examination of foreigners’ application for permanent residence (Examining institutions: public security departments and bureaus under provincial government, autonomous region government or municipality directly under the central government) →Examination and approval of foreigners’ application for permanent residence (approval institution: the Ministry of Public Security).

Public security organizations should make the final decision of approval or disapproval within six months after acceptance of application for permanent residence in China by foreigners.

IV.    Loss of the Right of Permanent Residence

In any of the following cases, the Ministry of Public Security can deprive foreigners of their right of permanent residence in China, and take back or abolish their “Certificates of Permanent Residence for Foreigners”:

a.    possible to cause harm to national security or interests;

b.    sentenced by people’s courts to be deported;

c.    obtaining the right of permanent residence in China by providing falsified application documents;

d.    staying in China every year for less than three months without being approved by responsible institutions, or having an accumulated stay in China of less than one year during five years.


                                                                                                                                                                                                                                                                                                  August 30, 2004

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