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Are You Eligible for 5-years Residence Permit?

Sophie Mao LegalTips 2020-01-24

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Let’s find more about the new 12 policies on immigration and exit-entry facilitation:

Except the new rule about permanent residence, the new policies also provide more opportunities for foreigners working in China to apply for a “green-card-to-be”: a five-year residence permit.

In the past, rules on application conditions for a work-type residence permit were stated in the Working Rules for the Issuance of Visas for Foreigners. According to the Working Rules, only high-level foreign talents, urgently needed professionals in shortage and investors may apply for a work-type residence permit with 5 years’ validity at maximum. An ordinary foreigner can only apply for a work-type residence permit valid for 1 year or 2 years at maximum. The Ministry of Public Security issued residence facilitation policies specifically for Chinese of foreign nationality in February 2018. Chinese of foreign nationality working in China may also apply for a residence permit with 5 years’ validity at maximum since then. 

According to the new policies, there are 5 additional types of foreigners that are eligible to apply for a work-type residence permit with 5 years’ validity at maximum:

1) well-known professionals and scholars invited by key domestic universities or colleges, scientific research institutes and well-known enterprises, and high-level foreign managerial and professional talents recognized by relevant departments of the people's government at or above the level of a districted city; 

2) foreign talents and members of innovative and entrepreneurial teams introduced by national key development fields or industries; 

3) foreign members and research support personnel recommended by and from the working team of a foreigner with a great and outstanding contribution and specially needed by China;

4) foreigners who have applied for a over one-year work-type residence permit for two consecutive times without any violation of laws and regulations and apply for a work-type residence permit for the third time;

5) outstanding foreign students who have obtained a bachelor’s degree or above from key domestic universities or colleges and engage in innovative and entrepreneurial activities in China after graduation.

Among the five types, the fourth one covers the widest range of people. In practice, it is not difficult to obtain an over one-year work-type residence permit. Therefore, a foreigner working in China who has applied for a work-type residence permit for two consecutive times can basically apply for a five-year work-type residence permit in his/her next application regardless of diploma, income, job and period of residence.

The recognition of the first three types of talents may involve multiple factors and the recognition standards may be subject to specific local regulations. For example, in the practice of pilot areas, the rules related to “members of innovative and entrepreneurial teams” require not only that the applicant participates in innovative and entrepreneurial activities, but the applicant works in emerging industries of strategic importance while holding a position at middle or senior level in an enterprise or holding over 5% shares.

We will keep an eye on the new local implementing rules coming out and will keep everyone updated of any development.  Stay tuned.

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