Regulation on Foreign Permanent Residence Released for Comment

On 27 February 2020, the Ministry of Justice has released its draft of the “Regulation of the People’s Republic of China on Foreign Permanent Residence” for public comment.

According to this draft, there are four types of foreigners that could apply for permanent residence (“China’s green card”, please check our previous post for further information: Chinese Green Card, Are You Qualified?):

1. investment;
2. application due to employment;
3. tending to relatives, and
4. special contributions.

For sake of brevity this post will concentrate on investment, employment and family grounds. For further information regarding “special contributions” please consult the links as listed per below.

1.) Investment.

If foreigners undertake steady investments for three years and can provide sound tax and credit records, they are eligible to apply for permanent residence under the following circumstances:

(a) They have undertaken at least 10 million yuan of investments in China;

(b) They have made investments in areas encouraged by China, and meet certain conditions with regards to the investment value, tax payments and hiring of Chinese employees;

(c) They have set up high-tech or innovation firms in China and are recommended by provincial-level governments.

2.) Employment.

Foreigners who work in China, may be eligible for permanent residence if they fulfill one of the following requirements and have a good tax and credit history:

(a) Holding a doctoral degree or graduating from an internationally renowned university and have worked in China for three years, during which time the cumulatively actual residence time in China is not less than one year;

(b) Having worked in key industries or fields where the nation has been developing for three years, during which time the cumulatively actual residence time is not less than one year, and the annual wage income is not less than four times of the local average wage in the previous year;

(c) Having worked continuously in China for four years, during which time the cumulatively actual residence time is not less than two years, and the annual salary not less than six times of the local average wage in the previous year;

(d) Having worked continuously in China for eight years, during which time the accumulatively actual residence time is not less than four years, and the annual salary not less than three times of the local average wage in the previous year.

3.) Family reunion.

Foreigners who want to apply for permanent residence based on “family reunion” or “tending to relatives” grounds should meet one of the following criteria:

(a) The spouse is a Chinese citizen residing in China or a permanent resident foreigner, who has been living with his/her spouse in China continuously for five years after marriage and has stayed in China cumulatively no less than nine months each year, and has a stable income and residence;

(b) Children under the age of 18 are dependent on Chinese parents residing in China or foreign parents who have permanently resided in China;

(c) Foreigners older than 60 years and have no immediate family members living abroad, who are dependent on a Chinese immediate family member residing in China or who have permanently resided in China, and who have been in China continuously for five years and have stayed in China cumulatively no less than nine months each year, and have a stable income and residence.

If you have any comments, you can provide your comments through the “Information Solicitation System” on the homepage of the website of the  Ministry of Justice of the People’s Republic of China  or www.chinalaw.gov.cn or through the “Information Solicitation System” on the homepage of the website of Legal Services of China before 27 March 2020.

Or send an email to: YJJL2020@chinalaw.gov.cn