I. Scope of Application

This Guide is applicable to applications for foreigner's stay permits.

II. Legal Basis for Examination and Approval

The Exit and Entry Administration Law of the People's Republic of China and the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners.

III. Accepting Authority

The National Immigration Administration (NIA) entrusts the exit and entry administration authorities of public security organs at or above the prefecture-level city (including districts and counties of municipalities directly under the Central Government) to accept and issue stay permits for foreigners.

Upon approval by the NIA following an application by the exit and entry administration authority of the public security organ of a provincial-level people's government, the exit and entry administration authorities of public security organs at the county level may, in accordance with the entrustment by the NIA, accept and issue stay permits for foreigners.

IV. Application Conditions

A visa-exempt foreigner who needs to remain in China beyond the visa-free period, a foreign crew member and his or her accompanying family members who need to leave the city where the port is located, or a foreigner under other circumstances requiring a stay permit, shall apply for a foreigner's stay permit as prescribed.

A foreigner applying for a stay permit shall go through the relevant formalities in person with the exit and entry administration authority of the public security organ. Under any of the following circumstances, the application may be submitted on behalf of the applicant by the inviting entity or individual, the relative of the applicant, or the specialized service agency concerned:

(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;

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

V. Prohibitive Requirements

Where an applicant falls under any of the circumstances specified in Article 21 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners, a stay permit shall not be issued.

VI. Application Materials

(1) In accepting a foreigner's application for a stay permit, the applicant shall be required to complete relevant formalities and submit the following materials:

1. A valid passport or other international travel documents;

2. A completed Visa and Residence Permit Application Form for Foreigners, together with one photo meeting the standards specified in the Photograph Guidelines for Exit and Entry Documents;

3. Material relating to the purpose of application;

4. Other formalities to be completed and materials to be submitted.

(2) Supporting materials required for applying for a stay permit

1. A visa-exempt foreigner who needs to remain in China beyond the visa-free period for non-diplomatic or non-official purposes shall submit supporting materials in accordance with relevant provisions, and a stay permit for a corresponding period may be issued;

2. A foreign crew member and his or her accompanying family members who need to leave the city where the ship's port of call is located shall submit a seafarer's certificate or other international travel documents, a guarantee letter from the shipping agency, and an air (train, ship) ticket with a confirmed date and seat, or other supporting materials relating to the purpose of stay; a stay permit with a duration of stay not exceeding 30 days may be issued;

3. A person who has been approved to renounce Chinese nationality and needs to remain in China shall submit the Renunciation Certificate of the People's Republic of China, a foreign passport or other international travel documents, and supporting materials relating to the purpose of stay; a stay permit with a duration of stay not exceeding 180 days may be issued;

4. Where a foreigner's purpose of residence has been changed and the foreigner needs to remain in China for humanitarian reasons, the foreigner shall submit the residence permit and relevant supporting materials; a stay permit with a duration of stay not exceeding 30 days may be issued;

5. A foreign infant born in China who needs to remain in China shall submit the infant's birth certificate, passport, and the passports of both parents; a stay permit with a duration of stay consistent with that of the parents may be issued;

6. A foreigner holding a stay permit who is unable to depart China within the validity period of the stay permit due to objective reasons may apply for a change of stay permit. Application materials and change requirements shall be handled in accordance with the foregoing provisions;

7. A foreigner whose stay permit has been lost, damaged, destroyed, stolen, or robbed shall submit a certificate of passport loss or a note from the embassy or consulate of the applicant's home country in China, and a new valid passport or other international travel documents; a stay permit for a corresponding period may be reissued.

VII. Basic Procedures and Processing Methods

(1) Application. A foreigner applying for issuance, change, or reissuance of a stay permit shall go through the relevant formalities in person with the exit and entry administration authority of the public security organ. Where prescribed conditions are met, the application may be submitted on behalf of the applicant by the inviting entity or individual, the relative of the applicant, or the specialized service agency concerned.

(2) Acceptance. All required materials shall be collected at one time and all contents shall be reviewed at one time. Upon examination, where an application for a stay permit meets the acceptance provisions, it shall be accepted and a receipt of acceptance shall be issued, and a decision on whether to issue the permit shall be made within the validity period of the receipt of acceptance. The validity period of the receipt of acceptance for a stay permit application shall not exceed 7 working days from the date of acceptance. Where the procedures followed or material submitted for a stay permit do not conform to relevant provisions, the exit and entry administration authority of the public security organ shall, in a one-off manner, notify the applicant of the procedures to be followed and the material to be supplemented and corrected.

(3) Review. The exit and entry administration authority of the public security organ shall verify the purpose of application through such means as interview, telephone inquiry, and on-the-spot investigation, and confirm the applicant's foreign nationality. Where the applicant or relevant entity or individual is notified to attend an interview and fails to do so within the agreed time without justifiable reason, the visa or permit may be denied in accordance with the law.

(4) Decision. Where the conditions and standards are met, the deciding authority shall make a decision to issue a stay permit of the corresponding category.

VIII. Processing Time Limit

Upon examination, where an application for a stay permit meets the acceptance provisions, it shall be accepted and a receipt of acceptance shall be issued, and a decision on whether to issue the permit shall be made within the validity period of the receipt of acceptance. The validity period of the receipt of acceptance for a stay permit application shall not exceed 7 working days from the date of acceptance.

IX. Collection of Permit

An approved and issued foreigner's stay permit shall be collected in person by the applicant at the premises of the exit and entry administration authority of the public security organ upon presentation of the receipt of acceptance.

X. Obligations of the Applicant

In accordance with relevant laws and regulations, the applicant shall fulfill the following obligations:

1. To truthfully submit relevant materials to and reflect the true circumstances with the administrative authority, and to be responsible for the substantive authenticity of the application materials;

2. To cooperate with the administrative authority in interviews, telephone inquiries, on-the-spot investigations, and other means to verify the authenticity of the application materials;

3. Other obligations prescribed by laws and regulations.

XI. Other Matters for Attention

(1) Family Members: Including spouse, parents, parents of spouse, children, siblings, grandparents, maternal grandparents, grandchildren, maternal grandchildren, and children's spouses.

(2) Family Relationship Certificate and Kinship Certificate: Marriage certificates, birth certificates, adoption certificates, other kinship certificates, and relevant notarizations issued by the competent authorities of the relevant country; marriage certificates, birth certificates, kinship certificates, and name change certificates issued by the embassy or consulate of the applicant's home country in China.

(3) Marriage certificates, birth certificates, kinship certificates, name change certificates, and other documents issued by foreign competent authorities or notary authorities shall be authenticated by the Chinese embassy or consulate in that country. For foreign official documents issued by authorities of a Contracting State to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, the provisions of the Convention shall apply.

(4) Identity Certificate: Identity certificate for mainland Chinese residents refers to proof of permanent household registration or proof of actual residence for more than 6 months and a resident identity card; identity certificate for overseas Chinese refers to a Chinese passport and a certificate of overseas settlement; identity certificate for Hong Kong and Macao residents refers to the Mainland Travel Permit for Hong Kong and Macao Residents; identity certificate for Taiwan residents refers to the Mainland Travel Permit for Taiwan Residents; identity certificate for foreigners refers to the Foreigner's Permanent Residence Card. Overseas Chinese and Hong Kong, Macao, and Taiwan residents shall also submit proof of actual residence for more than 6 months.

Relevant supporting materials in a foreign language shall be translated into Chinese.