On August 15, 2004, the Ministry of Public Security and the Ministry of Foreign Affairs of the PeopleÕs Republic of China jointly announced the Regulation on Granting Permanent Residency for Foreign Citizens in China. The system established by the regulation is commonly referred to as the ÒChinese Green Card System,Ó owing its name to the well known green card system in the U.S.
Most foreign citizens, in order to enter China, must apply for an entry visa before making preparations for their trip. In order to stay in China, one must maintain a valid visa or temporary residence status throughout their stay in China. Although it is possible to obtain a two year multiple entry visa for certain foreign citizens, the process in doing so is burdensome and costly both in time and money. Under the new Regulation, those costs are somewhat alleviated. For Permanent Residence Card holders, the benefits of obtaining the green card include the following: (i) there is no restriction on the length of stay within China; (ii) it is no longer required to apply for an entry visa before coming to China; (iii) the Permanent Residence Card is another form of positive personal identification, which can be used on its own. Therefore, it is no longer necessary for travelers to be in possession of their passports while traveling.
The Regulation specifies certain categories of foreigners who may be eligible for the Chinese Green Card, such as foreign investors, managers, educators, scientists, and relatives of Chinese citizens. The Regulation also spells out the detailed substantive and evidentiary requirements for each category.
The Department of Public Security, with the assistance of Chinese embassies and consulates, is the government agency entrusted with administering the Chinese Green Card System.
Foreign citizens who reside within China submit their application along with the supporting documents to the proper unit of the Department of Public Security. Foreign citizens who reside outside China submit their application materials to the appropriate Chinese consulate and receive an immigrant visa.
To maintain a valid Chinese Green Card, the cardholders must meet the minimum residence requirements each year. A Chinese Green Card may be purchased for 1800RMB (U.S.$225).
In general, the Regulation makes it easier for foreign citizens to travel, work, and/or live in China. The Chinese Green Card may be an attractive option for businessmen who travel to China frequently and would like to reduce the burdensome practice of renewing visas frequently.
For more information about the Regulation or any general questions about Chinese immigration, please contact Kirton and McConkieÕs China-based attorney, Michael Chen, at mchen@kmclaw.com.