Major entry and exit regulations

Temporary entry

Categories of persons for temporary entry:

Under any of the following circumstances, foreigners who need to enter China temporarily shall apply for temporary entry to the exit-entry authorities.

1) Foreign seamen and their accompanying family members need to go ashore in the city where the port is located;

2) Foreigners transiting through China to a third county or region on a ticket for an international aircraft, vessel or train and staying in China for no more than 24 hours, or staying in a designated area as approved by the State Council without exceeding the prescribed period of stay and needing to leave the port of entry or designated area.

3) Foreigners needing to enter China temporarily for any force majeure or other urgency.

Duration and methods of application for temporary entry:

In accordance with the provisions of the Exit-Entry Administration Law, the duration of temporary entry into China shall not exceed 15 days. The application for temporary entry should be filed with the exit-entry border inspection authorities at the intended port of entry.

Residence permits

After foreigners come to China for affairs such as work, study, family reunions or visiting relatives apply for the corresponding visas and enter China, they shall, within 30 days from the date of their entry, apply to the exit-entry administration in their proposed place of stay for residence permits.

Types and validity period of residence permits:

Residence permits are divided into the following types:

1) Residence permit for work.

2) Residence permit for study.

3) Residence permit for journalists.

4) Residence permit for family reunion. This type of permit is issued to family members of Chinese citizens and family members of foreigners with permanent residence status in China who need to reside in China for family reunion, and to persons who need to reside in China for fosterage or other purposes.

5) Residence permit for private affairs. The permit is issued to spouses, parents, children under the age of 18 or parents-in-law of foreigners residing in China for work, study or other purposes, as well as for persons who need to reside in China for other private affairs.

The validity period of a work-type residence permit shall be 90 days at the minimum and five years at the maximum; and the validity period of a non-work-type foreigners' residence permit shall be 180 days at the minimum and five years at the maximum.

Conditions for applications for permanent residence:

Qualified foreigners can apply for permanent residence in China. The status allows them to reside in China without a time limit.

Foreigners applying for permanent residence must meet at least one of the following requirements:

1) Having direct investment in China with stable operation and a good tax paying record for three successive years.

2) Holding the post of deputy general manager, factory deputy director or above, associate professor, associate researcher and other associate senior titles or above, for at least four successive years, with a cumulative period of residence in China of not less than three cumulative years in four years and with a good tax paying record.

3) Having made great contributions to or being specially needed by China.

4) Being the spouse or unmarried child under 18 years old of the above-mentioned persons.

5) Being the spouse of a Chinese citizen or of a foreigner with permanent residence status in China, having been married at least five years, with at least five successive years of residence in China and at least nine months of residence in China each year, and having a stable source of income and dwelling place.

Application for permanent residence status:

An application for permanent residence in China shall be submitted to the public security organ in the place of long-term residence by the applicant or a parent if he or she is unmarried and under 18 years old or his or her attorney.

In the case of applying through an attorney, a power of attorney issued by the applicant must be submitted. A power of attorney issued by an applicant abroad will be subject to authentication from the Chinese embassy or consulate in the country concerned.

Circumstances of a foreigner's illegal residence in China: In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:

1) The applicant's stay exceeds the duration specified in his or her visa, stay permit or residence permit.

2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit.

3) The activities of the applicant go beyond the restricted area of stay or residence.

4) Other circumstances where foreigners reside illegally.

China Legal Publicity Center provided this article.

For more information, log onto http://english.legalinfo.gov.cn/

(China Daily 11/24/2015 page4)