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Administrative Measures for Examining and Approving the Permanent Residence of Foreigners in China (2003)

外国人在中国永久居留审批管理办法

Type of laws Departmental rule

Issuing body Ministry of Public Security , Ministry of Foreign Affairs

Promulgating date Dec 13, 2003

Effective date Aug 15, 2004

Validity status Valid

Scope of application Nationwide

Topic(s) Law on Foreigners

Editor(s) Huang Yanling 黄燕玲

Administrative Measures for Examining and Approving the Permanent Residence of Foreigners in China were promulgated on 13 Dec. 2003, and entered into force on 15 Aug. 2004.

There are 29 articles in total. The Measures aim to regulate the administration of examining and approving the permanent residence of foreigners in China.

  1. Permanent residence of foreigners in China refers to the residency of foreigners in China without time limitations.

  2. The authorities for accepting the applications of foreigners for permanent residence in China are the public security organs under the people’s governments of cities with subordinate districts and the public security sub-bureaus and county-level bureaus of municipalities directly under the Central Government. The authorities for verifying the applications of foreigners for permanent residence in China are the public security departments and bureaus of provinces, autonomous regions and municipalities directly under the Central Government. The authority for examining and approving the applications of foreigners for permanent residence in China is the Ministry of Public Security.

  3. Foreigners applying for permanent residence in China shall abide by Chinese laws, be in good health, have no criminal record, and meet at least one of the following conditions: (1) having made direct investment in China with stable operation and a good tax paying record for three successive years; (2) having served as deputy general manager, deputy factory director or above, or having associate senior titles such as associate professor and associate researcher or above, and enjoying the same treatment in China for at least four successive years, with a minimum period of residence in China for not less than three cumulative years within four years and a good tax paying record; (3) having made a great and outstanding contribution to and being specially needed by China; (4) being the spouse or unmarried child under 18 years old of a person with reference to the item (1), (2) or (3) of this paragraph; (5) being the spouse of a Chinese citizen or of a foreigner with permanent residence status in China, who has been married for at least five years, has continuously resided in China for five years with at least nine months of residence in China each year, and has stable source of subsistence and a dwelling place; (6) being an unmarried person under 18 years old turning to his/her parent; or (7) being a person who is or above 60 years old, has no direct relative abroad and is to turn to any direct relative in China, has continuously resided in China for five years with at least nine months of residence in China each year, and has stable source of subsistence and a dwelling place.

  4. A permanent residence permit for foreigners shall be valid for five or ten years. A foreigner under 18 years old approved to permanently reside in China shall be issued a permanent residence permit for foreigners valid for five years, and a foreigner being or above 18 years old shall have a permanent residence permit for foreigners valid for ten years.

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