I. Scope
This service guide is for foreign nationals applying for stay permits.
II. 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 Exit and Entry of Foreigners
III. Responsible Authorities
The National Immigration Administration (NIA) authorizes the exit-entry administrations of the public security organs in cities above the prefecture level (including the districts and counties within the municipalities directly under the Central Government) to process applications for and issue the stay permits for foreign nationals.
Following the approval from NIA at the request of the exit-entry administrations of the public security organs at the provincial level, county-level exit-entry administrations may process applications for and issue the stay permits as mandated by NIA.
IV. Eligibility
In cases where foreign nationals eligible for the visa exemption need to extend their stay periods beyond their allowed visa-free stay periods in China, or foreign crew members and their accompanying family members need to leave the cities where their ships are docked, or in any other situations requiring foreign nationals to obtain stay permits, they must apply for stay permits in accordance with the relevant regulations.
Every applicant must submit his/her stay permit application in person at the exit-entry administration of a public security organ. In any of the following circumstances, the application can also be submitted by the entity or individual inviting the applicant to enter China, the relatives of the applicant, or a relevant specialized service agency on the applicant's behalf:
(I) The applicant is aged under 16, 60 or over 60, or faces mobility challenges as a result of illness or any other reason of a similar nature;
(II) The applicant has visited China before and holds a good record of stay or residence in China;
(III) The entity or individual inviting the applicant can cover all or part of the expenses incurred during the applicant's stay in China.
V. Ineligibility
Stay permits shall not be issued for applicants falling under any of the conditions outlined in Article 21 of the Regulations of the People's Republic of China on Administration of the Exit and Entry of Foreigners.
VI. Application Materials
(I) Any foreigner applying for a visa,stay permit or residence permit must complete the relevant procedure and submit all necessary materials as stated below.
1. A valid passport or any other international travel document;
2. A completed Visa/Stay Permit/Residence Permit Application Form and a photo meeting the requirements outlined in the Guidelines for Travel Documents' Photographs;
3. Materials related to the purpose of the application;
4. Other necessary application procedure and materials
(II) Application materials required for a stay permit
1. Foreign nationals eligible for visa exemption in China, who need to extend their stay periods beyond the allowed visa-free stay periods for non-diplomatic or non-official purposes must provide the necessary materials required by relevant regulations. Stay permits with the corresponding durations may be issued for them.
2. Any foreign crew member, if he/she and his/her accompanying family members need to leave the city where his/her ship is docked, he/she must provide a Seafarer's Passport or any other international travel document, a letter of assurance from the responsible shipping agency, travel tickets (air, train, or ship) with specified dates and seats, and other materials related to the purpose of stay. Stay permits for up to 30 days may be issued.
3. Any individual having renounced his/her Chinese nationality and seeking to extend his/her stay in China must provide a certificate of renunciation of Chinese nationality, a foreign passport or any other international travel document, and materials outlining the purpose of his/her stay. A stay permit for up to 180 days may be issued.
4. Any foreign national who needs to stay for humanitarian reasons after the termination of his/her original reason of residency must provide his/her residence permit and other relevant materials as proof for the humanitarian reasons. A stay permit for up to 30 days may be issued.
5. For any foreign baby born and need to stay in China, the baby's birth certificate and passport, and his/her parents' passports must be submitted for. A stay permit matching his/her parents' stay duration may be issued.
6. For any foreign national holding a stay permit who is unable to leave China due to objective circumstances within the permit's validity period, he/she is eligible to apply for the replacement of his/her stay permit. The application materials and requirements shall be in line with the aforementioned provisions.
7. In the event a stay permit has been lost, damaged, or stolen, the foreign national in question must submit a Confirmation of Reporting the Loss of Passport or an official note from the embassy or consulate of his/her home country in China, along with a valid new passport or any other international travel document. A stay permit with the corresponding duration may be reissued.
VII. Procedure and Method
(I) Application: Foreign nationals seeking to have their stay permits issued, replaced or reissued must apply in person at the exit-entry administrations of public security organs. If permitted as per relevant regulations, the applications can also be submitted by the entities or individuals inviting the applicants, relatives of the applicants, or specialized service agencies.
(II) Acceptance: All materials shall be collected and reviewed at one time. For any application fulfilling the conditions for acceptance, the exit-entry administration will accept the application, issue an acceptance receipt, and make a decision regarding the issuance within the validity period indicated on the receipt. The validity period is no more than seven working days counted from the date of acceptance. In the event where an applicant has failed to complete the procedure or submit all required materials, the processing authority shall notify the applicant of any additional step to be completed or material needed at one time.
(III) Review: The exit-entry administrations of public security organs shall verify the authenticity of reasons for the applications through face-to-face interviews, phone queries, on-site investigations, or any other methods deemed necessary, and confirm that the applicants are foreign nationals. In the case where an applicant, the representatives of the relevant entities, and other relevant individuals fail to attend scheduled interviews without a valid reason, the visa, stay permit or residence permit concerned may not be issued in accordance with the laws.
(IV) Decision: The decision-making authorities will make decisions of administrative license and proceed to issue stay permits of corresponding types for the applicants provided that they meet the conditions and criteria.
VIII. Processing Time
For an application for a visa, stay permit or residence permit made by a foreign national, if proven to fulfill the conditions for acceptance upon review, the responsible exit-entry administration will accept the application, issue an acceptance receipt, and make a decision regarding issuance within the validity period indicated on the receipt. The validity period is no more than seven working days counted from the date of acceptance.
IX. Result Delivery
Applicants must visit the exit-entry administrations of public security organs in person with their receipts to collect their stay permits.
X. Obligations of Applicants
Applicants are expected to adhere to the following obligations in accordance with the relevant laws and regulations:
1. To ensure that all materials are submitted and all the information provided to the administrative authorities is accurate without being falsified. Applicants shall be held liable for the authenticity of the materials submitted.
2. To cooperate with administrative authorities during face-to-face interviews, phone queries, and on-site investigations conducted for the purpose of verifying the authenticity of the application materials.
3. To fulfill any additional responsibility stipulated by relevant laws and regulations.
XI. Additional Notes
(I) Family members: This category includes spouses, parents, spouse's parents, children, siblings, paternal grandparents, maternal grandparents, paternal grandchildren, maternal grandchildren, and the spouses of paternal and maternal grandchildren.
(II) Proof of family relationship and kinship: This includes marriage certificates, birth certificates, and adoption certificates, among other kinship documents and notarized documents from the relevant national authorities, along with marriage certificates, birth certificates, kinship documents, and certificates indicating changes (e.g. a change of an applicant's name) issued by the embassies or consulates of the applicants' home countries in China.
(III) Marriage certificates, birth certificates, kinship documents, certificates indicating changes (e.g. a change of an applicant's name), and other materials issued by foreign competent authorities or notary offices need to be authenticated by the Chinese embassies or consulates in the home countries of the applicants. Foreign public documents issued by the competent authorities of the contracting parties to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (or Apostille Convention in short) will be processed according to the requirements outlined in the Apostille Convention.
(IV) Identity documents: For the residents of the Chinese mainland, the valid identity documents include household registers, residence certificates indicating actual places of residence for over six months, and resident identity cards. For overseas Chinese, the identity documents include their Chinese passports and certificates of foreign settlement. For the residents of Hong Kong SAR and Macao SAR, their identity documents include the Mainland Travel Permits for Hong Kong and Macao Residents. For residents of the Taiwan region, the identity documents include their Mainland Travel Permits for Taiwan Residents. For foreign nationals, the identity documents are their Foreign Permanent Resident ID Cards issued in the People's Republic of China. Overseas Chinese and residents from Hong Kong SAR, Macao SAR, and the Taiwan region must also submit residence certificates indicating their actual places of residence for over six months.
Materials in foreign languages must be translated into Chinese.
Annex: Visa/Stay Permit/Residence Permit Application Form
Annex
