China’s Ministry of Justice has released an important update draft affecting permanent residents from overseas living in China earlier this week.
In order to make this new legislation more transparent and inclusive, the draft is soliciting comments and opinions from the public before March 27, 2020.
Permanent Residence Qualification — Individual
According to Article 15, foreign workers living and working in China may apply for permanent residence under any of the following conditions, assuming that they have good tax and credit records:
(1) Having obtained a doctoral degree or graduated from an internationally renowned university; having worked in China for at least three years, and having resided in China for no less than one year;
(2) Having worked continuously for at least three years in a major industry or region of the state, during which time the total actual residence is no less than one year, and the annual wage is no less than four times the average salary of the region in which the applicant has been living and working in from the preceding year;
(3) Having worked continuously within the territory of China for at least four years, during which time their actual residence was no less than two years, and their annual salary was no less than six times the average salary of the region in which the applicant has been living and working in from the preceding year;
(4) Having worked continuously in China for at least eight years, during which time the actual residence is not less than four years, and the annual wage is not less than three times the average salary of the region in which the applicant has been living and working in from the preceding year.
Permanent Residence Qualification — with Family Ties
According to Article 17, foreigners with family ties may apply for permanent residence under any of the following conditions:
(1) His/her spouse is a Chinese citizen residing in China or a foreign permanent resident who has lived with his/her spouse in China for five years after marriage, and who has resided in China for no less than nine months each year;
(2) Children under the age of 18 moving in with their Chinese parents residing in China or their foreign parents residing permanently in China;
(3) Individuals who have reached the age of 60 and have no immediate family members outside China and wish to move in with their immediate family members of Chinese nationality residing in China, or whose immediate family members of foreign nationality have permanently resided in China for five consecutive years — no less than nine months each year — and can provide stability;
Permanent Residence Application Approval
According to Article 24, foreign applicants who meet the above-mentioned requirements can apply for and receive their permanent resident status, as approved by the state immigration administration, and their permanent residence identity cards issued directly to them.
Article 27 stipulates that foreign residents in China must stay in China for no less than three months out of any given year to continue receiving benefits from their permanent residency.
According to Article 35, local governments at various levels shall incorporate permanent resident foreigners into the service management system for the permanent resident population, and provide them with general language training, general knowledge of national conditions, legal and policy consultation and other social integration services in light of their economic and social development level and actual needs.
Local governments should also actively guide and standardize the participation of units, communities, relevant intermediary agencies, legal service agencies and other social forces in providing such social integration services for permanent residents.
According to Article 36, all relevant departments of the State Council and local governments must assist foreign permanent residents in handling matters such as financials, foreign exchange, education, health care, transportation, telecommunications, social insurance, accommodation registration, property registration, and driving license applications, among others.
Article 40 states that foreigners with permanent residence may, in accordance with the relevant provisions, may also purchase commercial houses for their own use.