Chinese Immigration Law

The Exit and Entry Administration Law

The Exit and Entry Administration Law of the People’s Republic of China, adopted on 30 June 2012 and effective on 1 July 2013, replaced the 1985 Law on the Entry and Exit of Aliens and the 1985 Law on the Entry and Exit of Citizens as the primary legislation governing the entry into and exit from Chinese territory. The 2012 Law introduced significant reforms, including the establishment of a more comprehensive visa categorisation system, the introduction of residence permits as a distinct legal status, enhanced provisions for the protection of the rights and interests of foreign nationals, and stricter penalties for illegal immigration and overstaying. The Law is supplemented by implementing regulations, including the Regulations on the Administration of the Entry and Exit of Foreigners and the Rules for the Implementation of the Exit and Entry Administration Law.

The Visa System

Chinese visa categories are designated by letter codes reflecting the purpose of travel. The C visa is issued to crew members of international transport. The D visa is for permanent residence. The F visa covers exchange visits and business trips of up to 180 days. The J-1 and J-2 visas are for foreign journalists (J-1 for resident correspondents, J-2 for short-term journalistic activities). The L visa is for tourists. The M visa covers commercial and trade activities. The Q and S visas are for family reunion: Q visas are for family members of Chinese citizens or foreigners with permanent residence, while S visas are for family members of foreign nationals working or studying in China. The R visa is for high-level talents. The X-1 visa (for study exceeding 180 days) and X-2 visa (for study of up to 180 days) cover education. The Z visa is for employment and must be converted to a residence permit for work within 30 days of entry.

Residence Permits

The 2012 Exit and Entry Administration Law introduced a clear distinction between visas and residence permits (外国人居留证件). Foreign nationals who intend to stay in China for more than 180 days must apply for a residence permit within 30 days of entry. Short-term residence permits are issued for up to 180 days, while long-term residence permits are issued for one to five years. Residence permits are categorised by purpose: work, study, family reunion, private affairs, and talent. Holders of residence permits for work must register with the local public security bureau within 24 hours of changing their accommodation. The public security bureaux at the county level and above are responsible for the administration of residence permits.

Work in China

Foreign nationals seeking to work in China must obtain a Z visa before entry, which is then converted into a residence permit for work. The work permit for foreigners (外国人工作许可证) is issued by the State Administration of Foreign Experts Affairs (SAFEA), which merged with the Ministry of Human Resources and Social Security’s functions for foreign experts in 2018. The work permit system employs a classification scheme categorising foreign workers into three tiers: A (high-level talents), B (professional talents), and C (ordinary workers subject to quotas). The general requirements for a Category B work permit include at least two years of relevant work experience and a bachelor’s degree. Major cities including Shanghai and Beijing have implemented points-based systems for work permit applications, with points awarded for educational qualifications, work experience, language proficiency, age, and salary level.

Permanent Residence and Exit Control

The Chinese permanent residence permit (外国人永久居留身份证), commonly known as the Chinese Green Card, is governed by the Regulations on the Administration of the Permanent Residence of Foreigners. The criteria for permanent residence are highly restrictive, requiring either substantial investment (at least $2 million in encouraged industries), exceptional contributions to China, or family reunion with a Chinese citizen after at least five years of residence. The 2018 reform introduced the 144-hour visa-free transit policy at major ports including Beijing, Shanghai, and Guangzhou, allowing nationals of 53 countries to transit through China without a visa for up to 144 hours provided they hold onward tickets to a third country. Exit control is strict: Chinese authorities may impose an exit ban on foreign nationals with outstanding legal obligations, including unpaid taxes, fines, or ongoing criminal investigations.