China’s Ministry of Justice has drafted a new regulation regarding the country’s permanent residence card for foreigners. The so-called “green card” has proved elusive to most foreigners (but certainly not Elon Musk) due to stringent requirements from which even foreigners who have resided in China for many years may be excluded. The proposed regulation will not exactly open the floodgates, but some important changes are in the works and interested parties should pay attention. Some may even wish to contribute their two cents, as the ministry has opened itself up to feedback on the draft (more on that later).

If you are not yet familiar with the current rules dictating who can apply for a green card in China, you can find our guide to the requirements here.

What the proposed requirements would change

The drafted requirements are largely similar to current requirements, but with a few key differences:

Some professionals may no longer need to have lived in China previously. While current requirements restrict professionals eligible for permanent residence to those who have already resided in China for at least four years, the new rules would also allow foreign professionals to apply without having formerly resided in China in any of the following circumstances:

The foreigner’s professional talents are urgently needed for the development of the country’s key industries. The foreigner is an academic with a title of "assistant professor" or higher and has been recommended by a university or research institution to perform research in areas important for national development. The foreigner is a senior manager, senior professional, or technical personnel recommended by a high-tech, innovative, or well-known enterprise in China. The foreigner is a professional recommended by another foreigner who obtained permanent residence status for their internationally recognized outstanding achievements in the fields of economy, science, and technology, education, culture, health, sports, etc.

While current requirements restrict professionals eligible for permanent residence to those who have already resided in China for at least four years, the new rules would also allow foreign professionals to apply without having formerly resided in China in any of the following circumstances: Foreigners with prior residence who meet salary or education requirements may apply. Under the new rules, foreigners who meet any the following requirements would be able to apply for permanent residency:

The foreigner has worked in China for three years and has either a) a doctoral degree or b) a graduate degree from a well-known international university. The foreigner has worked in China for three consecutive years in a key development industry and earns a salary at least four times the city average. The foreigner has worked in China for four consecutive years and earns a salary at least six times the city average. The foreigner has worked in China for eight consecutive years and earns a salary of at least three times the city average.

Under the new rules, foreigners who meet any the following requirements would be able to apply for permanent residency:

How to give your feedback on the draft

Whether you like what you see or you have some ideas for how these rules can be improved, the Ministry of Justice says they are looking for feedback from individuals hailing from all walks of life. That being said, we can only assume that your opinion is more likely to be read if sent in Chinese.

Send your feedback via one of the following methods：

Log into one of the following websites: www.moj.gov.cn, www.chinalaw.gov.cn, or www.12348.gov.cn. Then, from the home page menu, select 立法意见征集 to send your feedback.

Mail your feedback to the following address: 北京市朝阳区朝阳门南大街6号司法部立法一局 (100020) and write “外国人永久居留管理条例征求意见” on the envelope.

and write “外国人永久居留管理条例征求意见” on the envelope. Email your feedback to yjjl2020@chinalaw.gov.cn.

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