Service Guide on Issuance of Stay Permit for Foreigners

I. Scope of Application

This guide is applicable to foreigners applying for Chinese stay permit.

II. Legal Basis

Exit and Entry Administration Law of the People's Republic of China; 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) has entrusted the exit-entry administration authorities of public security organs of cities at prefecture level and above (including districts and counties under the administration of municipalities directly under the central government) to accept applications for stay permits of foreigners.

With the approval of NIA at the request of exit-entry administration authorities of provincial public security organs, exit-entry administration authorities of county-level public security organs are authorized by NIA and may accept foreigners' application for stay permits.

IV. Conditions for Application

Foreigners are required to apply for Chinese stay permit under the following conditions:

- Foreigners who enter China visa free need to stay in China beyond the visa-free period;

- Foreign crew members and their accompanying family members who need to leave the city where the port is located during their stay in China;

- Other circumstances where foreigners need to apply for stay permit.

To apply for stay permit, foreigners shall go through formalities in person at the exit-entry administration authority of public security organs. Under any of the following circumstances, a stay permit application may be filed by an inviting entity/individual, relatives of the applicant or professional service agencies on behalf of the applicant:

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 good records 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. Application Materials

1. Stay permit application may be accepted upon completion of relevant formalities and submission of relevant materials:

a. Valid passport or other international travel documents;

b. Fill out a Visa/Stay Permit/Residence Permit Application Form and submit a photo that complies with the Guidelines for Exit-Entry Documents Photographs;

c. Supporting materials related to reasons of the application;

d. Other formalities to be completed and supporting materials to be submitted.

2. Supporting materials required for stay permit application:

a. Stay permit with a corresponding period of stay may be issued to foreigners who enter China visa free and need to extend his/her stay for reasons other than diplomatic or official purposes provided supporting materials are submitted in accordance with relevant provisions;

b. Stay permit with a stay period of not more than 30 days may be issued where foreign crew members and their accompanying family members need to leave the city where the port is located, provided that seafarer's certificates (or other international travel documents) are submitted with a letter of guarantee from the shipping agency, and flight (vehicle, ship) tickets with confirmed date and seats or other supporting materials related to purposes of the stay;

c. Stay permit with a stay period of not more than 180 days may be issued where the applicants have been approved to renounce his/her Chinese nationality and need to stay in China, provided that the certificates for renunciation of the Chinese nationality are submitted with foreign passports or other international travel documents and supporting materials related to purposes of the stay.;

d. Stay permit with a stay period of not more than 30 days may be issued to foreigners where their reasons for residence are suspended but the applicants need to stay further due to humanitarian reasons, provided that residence permits and relevant supporting materials are submitted;

e. Stay permit with a stay period in consistent with the stay period of the parents may be issued to foreign infants born in China who need to stay in China, provided that the birth certificate and passport of the infant and passports of both parents are submitted.;

f. Foreigner holding a stay permit and unable to leave China within the validity period of the stay permit due to objective reasons may apply for replacement of the stay permit. The applicant shall refer to the articles above for application materials and renewal requirements;

g. Stay permit corresponding to the period of stay may be reissued to foreigners whose stay permits are lost, damaged or stolen provided that they submit a certification for passport loss report or a note from the embassy or consulate of his/her country of residence in China and a new valid passport or other international travel documents.

VI. Facilitation Measures

Foreign crew members and their accompanying family members who urgently need to leave the port city for outbound flights and need to apply for stay permit may apply for expedited processing by presenting the guarantee letter of the shipping agency, flight (vehicle, ship) tickets with confirmed date and seats and other supporting materials.

VII. Basic Process and Method of Handling

1. Application

To apply for issuance, replacement or re-issuance of the stay permit, foreigners shall go through the formalities in person at an exit-entry administration authority of public security organs. Under the circumstances prescribed in relevant provisions, the application may be filed by the inviting entity/individual, a relative or a professional service agency on behalf of the applicant.

2. Acceptance

The materials shall be collected completely at one time and the reviews shall be done at one time. Upon review, if the foreigner's application complies with the conditions for acceptance conditions, the application shall be accepted and an acceptance receipt shall be given. The decision for whether or not to issue the stay permit shall be made within the validity period of the acceptance notice. The validity period of the acceptance notice for an application for the stay permit shall not exceed 7 working days after the date of acceptance. Where the formalities and materials required for the application for the stay permit are incomplete, the exit-entry administration authority of the public security organ shall inform the applicant of the formalities to be completed and the materials to be supplemented at one time.

3. Review and Verification

The exit-entry administration authority of the public security organs shall verify authenticity of the application reasons through interviews, telephone inquiries, field investigations and other means, and confirm whether the applicant is of foreign nationality. Where an applicant or relevant entity/individual is notified to take an interview but fails to do that at the agreed time without justifiable reasons, the application may be denied by law.

4. Decision

If the conditions and standards are met, the decision-making authority shall make a decision on granting administrative permit and issue stay permit of relevant categories.

VIII. Time Limit for Issuance

Upon review, if a foreigner's application complies with the conditions for acceptance conditions, the application shall be accepted and an acceptance receipt shall be given. The decision for whether or not to issue the stay permit shall be made within the validity period of the acceptance notice. The validity period of the acceptance notice for an application for the stay permit shall not exceed 7 working days after the date of acceptance.

IX. Charging Basis and Standards

1. Charging Basis

Reply of the State Planning Commission and the Ministry of Finance on Approving the Adjustment to the Visa Charging Standards of Public Security Organs in the Chinese Mainland (Ji Jia Ge [2003] No. 392), Notice on the Implementation of the Provisions on Charges for Foreigners' Stay Permit Under the Exit and Entry Administration Law (Gong Jing Chuan [2013] No. 640).

2. Charging Standards

Stay permit for foreigners: CNY 160

X. Delivery of Results

Approved and issued stay permit for foreigners shall be collected by the applicant in person at the relevant exit-entry administration authority of the public security organ with the acceptance receipt.

XI. Rights and Obligations of Administrative Counterpart

1. The applicants shall be entitled to the following rights in accordance with relevant laws and regulations:

a. Those who meet the legal conditions and criteria are entitled to equal rights to obtain an administrative license in accordance with law;

b. They shall have the right to make statements and defend against implementation of the administrative license by an administrative authority;

c. Other rights stipulated by laws and regulations.

2. The applicant shall perform the following obligations in accordance with relevant laws and regulations:

a. Applicants shall submit relevant materials and reflect the reality truthfully to the administrative authority, and shall be held responsible for authenticity of substantive content of the application materials;

b. Applicant shall cooperate with administrative authorities to verify the authenticity of the application materials through interviews, telephone inquiries, field investigations, etc.;

c. Other obligations stipulated by laws and regulations.

XII. Other Matters for Attention

1. Definition of family members: spouse, parents, spouse's parents, children, siblings, paternal grandparents, maternal grandparents, paternal grandchildren, maternal grandchildren, and children's spouses.

2. Certification of family relationship and kinship: marriage certificate, birth certificate, adoption certificate and other kinship certificate issued by competent authorities of relevant countries and related notary public authentication; marriage certificate, birth certificate, kinship certificate and certification on the change of name or other personal information issued by the embassy of the applicant's country of residence in China.

3. The marriage certificate, birth certificate, kinship certificate, or certification on the change of name or other personal information issued by the competent authority or notary public of the foreign country shall be authenticated by the Chinese embassy or consulate in that country.

4. Identity certificates: Identity certificates of Chinese mainland residents refer to household register certificates or certificates of residence issued by the actual places of residence for over 6 months as well as resident ID cards. Overseas Chinese identity certificates refer to the Chinese passports and certificates of overseas residence. Identity certificates of Hong Kong and Macao residents refer to the Mainland Travel Permit for Hong Kong and Macao Residents. Taiwan resident identity certificates refer to the Mainland Travel Permit for Taiwan Residents. Foreigner's identity certificates refer to Foreigner's Permanent Residence Certificate. Overseas Chinese and residents of Hong Kong, Macao and Taiwan should also submit the certificate of residence that prove the actual places of residence for over 6 months.

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

XIII. Flow chart for issuance of stay permit for foreigners

Notice: The English version is only for reference. To learn more, please refer to the authoritative Chinese version.