I. Scope of Application

This Guide is applicable to applications for residence permits for foreigners.

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 the Administration of the Entry and Exit of Foreign Nationals.

III. Accepting Authority

The National Immigration Administration 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 applications for residence permits for foreigners.

Upon application by the exit and entry administration authority of the public security organ of a provincial-level people's government and with the approval of the National Immigration Administration, the exit and entry administration authorities of public security organs at the county level may accept applications for residence permits for foreigners in accordance with the entrustment of the National Immigration Administration.

IV. Application Conditions

After entering China, a foreigner who needs to reside within the territory of China for non-diplomatic or non-official purposes may, in accordance with the provisions, apply to the exit and entry administration authority of the public security organ for the issuance, extension, change, and reissuance of a residence permit.

Foreigners who conform to the State's regulations as specialized talents or investors, or who truly need to change their status from stay to residence for humanitarian or other reasons, may undergo the formalities for obtaining a residence permit for foreigners upon approval by the exit and entry administration authority of the public security organ under the local people's government at or above the prefecture-level city with districts.

A foreigner applying for a residence permit or its extension, change, or reissuance shall go through the relevant formalities in person with the exit and entry administration authority of the public security organ. Where the applicant is a high-level talent or an urgently needed specialized talent required by the State, or is under the age of 16 or has reached the age of 60, or whose mobility is affected due to illness or other reasons, the inviting entity or individual, relatives of the applicant, or relevant specialized service agencies may apply on his or her behalf.

V. Prohibitive Requirements

Where an applicant falls under any of the circumstances specified in Article 31 of the Exit and Entry Administration Law of the People's Republic of China, a residence permit for foreigners shall not be issued.

VI. Application Materials and Requirements

(1) In accepting an application for a residence permit for foreigners, 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 Application Form for Visa or Residence Permit for Foreigners, together with one photo meeting the standards specified in the Photograph Guidelines for Exit and Entry Documents;

3. Supporting documents relating to the purpose of application;

4. Other formalities to be completed and supporting documents to be submitted. Relevant documents may be presented in original and retained as photocopies.

(2) Supporting documents required for applying for a residence permit

Where a foreigner's visa specifies that a residence permit needs to be obtained after entry, the foreigner shall, within 30 days from the date of entry, apply to the exit and entry administration authority of the public security organ in the proposed place of residence for a residence permit for foreigners.

When applying for a residence permit valid for more than one year, a foreigner shall, in accordance with the provisions, submit a health certificate issued by the local health and quarantine department or a health or medical institution at or above the county level, certifying that the applicant is not suffering from serious mental disorders, infectious tuberculosis, or other infectious diseases that may cause major harm to public health.

The following supporting documents shall also be submitted as required:

1. Residence Permit for Work: A person entering with a Z visa shall submit a work permit certificate issued by the local department of human resources and social security or the foreign experts department, as well as a certification letter issued by the work unit. A person entering with another category of visa shall also submit supporting documents evidencing compliance with the conditions and requirements for foreign high-level talents, urgently needed specialized talents, or investors as determined by the relevant competent authorities of the Chinese government. For foreign high-level talents, urgently needed specialized talents, and investors, a residence permit with a duration of residence not exceeding 5 years may be issued; for persons employed by duly-registered units in good standing, a residence permit with a duration of residence not exceeding 2 years may be issued; for other persons, a residence permit with a duration of residence not exceeding 1 year may be issued.

2. Residence Permit for Study: A person entering with an X1 visa shall submit a letter issued by the admitting institution indicating the duration of study, and an admission or enrollment certificate. Where the relevant information has already been registered through the National Information System for International Students in China, hardcopy documents may be exempted. A person entering with another category of visa shall also submit supporting documents issued by the competent authority. A residence permit may be issued with a duration of residence consistent with the duration of study indicated by the institution.

Where a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship placement specified in his or her residence permit.

3. Residence Permit for Journalists: A person entering with a J1 visa shall submit a letter issued by the foreign affairs department of the provincial-level people's government and the Press Card issued thereby. A residence permit with a duration of residence not exceeding 1 year may be issued.

4. Residence Permit for Reunion: A person entering with a Q1 visa shall submit proof of identity of the person to be visited and a letter explaining the family relationship. A foreigner entering with another category of visa shall also submit proof of family relationship. For persons under the age of 18 and persons who have reached the age of 60, a residence permit with a duration of residence not exceeding 3 years may be issued; the expiry date of the residence permit for a person under 18 shall not exceed the date on which the person reaches the age of 18; for other persons, a residence permit with a duration of residence not exceeding 2 years may be issued.

For foreign children under the age of 18 of ethnic Chinese or overseas Chinese residing in fosterage in China, the fosterage trustee may apply to the exit and entry administration authority of the public security organ at the place of household registration or principal place of residence for issuance of a residence permit with a duration of residence not exceeding 3 years; the expiry date of the residence permit shall not exceed the date on which the person reaches the age of 18. The following documents shall be submitted: the applicant's birth certificate; photocopies of the foreign parents' passports; where one or both of the applicant's parents are Chinese nationals, a photocopy of the certificate of overseas settlement shall also be submitted; a power of attorney from the applicant's parents and a letter of acceptance from the fosterage trustee, which shall specify the entrusted custodian or guardian, duration of fosterage, and other particulars; and proof of permanent household registration or proof of actual residence for more than 6 months in the locality of the trustee, as well as the resident identity card.

5. Residence Permit for Personal Matters: A person entering with an S1 visa who visits family members shall submit a letter from the person to be visited explaining the kinship relationship (spouse, parents, parents of spouse, children under the age of 18) and the residence permit. A residence permit may be issued with a duration of residence consistent with that of the person to be visited's residence in China. Other persons shall submit supporting documents relating to the personal matters to be handled. A residence permit with a duration of residence not exceeding 1 year may be issued.

A person entering with another category of visa who visits family members shall submit a letter issued by the person to be visited, the residence permit, and proof of kinship (spouse, parents, parents of spouse, children under the age of 18); a residence permit may be issued with a duration of residence consistent with that of the person to be visited's residence in China. An ethnic Chinese who has reached the age of 60 and has purchased real estate in China shall submit a real estate certificate or a notarized housing sales contract in his or her own name, as well as proof of financial sources; a residence permit with a duration of residence not exceeding 3 years may be issued. A foreigner receiving medical assistance or services in China shall submit a hospitalization certificate or medical service certificate of more than 6 months issued by a local medical institution at or above the county level or at Class II Grade A or above; a residence permit with a duration of residence not exceeding 1 year may be issued.

(3) Application for extension or change of a residence permit

Where a foreigner applies for extension of the duration of residence, or where the registered particulars of the residence permit have changed, the applicant shall submit relevant supporting documents as prescribed in the above provisions, or personal basic information and supporting documents relating to the change of residence purpose, and the duration of residence may be extended or the residence permit may be changed.

(4) Application for reissuance of a residence permit

Where a foreigner's residence permit has been lost, damaged, destroyed, stolen, or robbed, the foreigner shall submit a certificate of passport loss or a note from the embassy or consulate of the applicant's home country in China, or present the damaged document, as well as a new passport or other international travel documents, and a residence permit may be reissued.

VII. Basic Procedures and Processing Methods

(1) Application. A foreigner applying for a residence permit or its extension, change, or reissuance shall go through the relevant formalities in person with the exit and entry administration authority of the public security organ. Where the applicant is a high-level talent or an urgently needed specialized talent required by the State, or is under the age of 16 or has reached the age of 60, or whose mobility is affected due to illness or other reasons, the inviting entity or individual, relatives of the applicant, or relevant specialized service agencies may apply on his or her behalf.

(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 residence permit for foreigners meets the acceptance conditions, 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 residence permit application shall not exceed 15 working days from the date of acceptance. Where the formalities and materials for a residence permit application are incomplete, the exit and entry administration authority of the public security organ shall notify the applicant in a one-off manner of the formalities to be completed and the materials 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 that the applicant is of 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 an administrative decision granting permission and issue a residence permit of the corresponding category.

VIII. Processing Time Limit

Upon examination, where an application for a residence permit for foreigners meets the acceptance conditions, 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 residence permit application shall not exceed 15 working days from the date of acceptance.

IX. Fee Basis and Standards

(1) Fee Basis

Notice of the National Development and Reform Commission and the Ministry of Finance on Charging Standards for Residence Permits for Foreigners and Related Matters (Fa Gai Jia Ge [2004] No. 2230).

(2) Fee Standards

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

2. Residence permit valid for one year (inclusive) to less than three years: RMB 800;

3. Residence permit valid for three years (inclusive) to five years (inclusive): RMB 1,000.

X. Collection of the Permit

An approved and issued residence permit for foreigners 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.

XI. Rights and Obligations of the Administrative Counterpart

(1) In accordance with relevant laws and regulations, the applicant enjoys the following rights:

1. The equal right to obtain administrative permission in accordance with the law where the statutory conditions and standards are met;

2. The right to make statements and defend against the administrative authority's implementation of administrative permission;

3. Other rights prescribed by laws and regulations.

(2) 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.

XII. 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 documents in a foreign language shall be translated into Chinese.