Relaxation of Foreigners' Permanent Residence in China?
Nowadays, the demand of talents in various countries is rapidly increasing; the competition for talents is gradually intense; and the flow of international talents is also accelerating. The ways to attract international talents, the settlement of them and then improvement of the immigration management are also the problems that all countries around the world need to face and solve. Although “People’s Republic of China of Foreigners Permanent Residence Management Regulations (draft) "(hereinafter referred to as "the regulation of 2020"), released by the Chinese Judicial Department on February 27th, 2020, is flawed and debatable, the regulation would be a significant step to the improvement of foreign talent management and indicate the opening for qualified foreign talents in China.
Compared to "the Administration Management on the Approval of Foreigners' Permanent Residence in China" issued by the Ministry of Public Security and the Ministry of Foreign Affairs in 2004, “the regulation of 2020?has improved the service and management of foreigners?talents and repeatedly emphasizes the legitimate rights and interests of foreign talents in China. The qualification criteria of foreigners?permanent residence in China, which is been widely concerned, changes accordingly, clarifying the due service and treatment for foreigners and mentioning the legal responsibilities of relevant departments and company.
At present, most foreigners' permanent residence applications are based on "the Administration Management on the Approval of Foreigners' Permanent Residence in China" in 2004. The qualification criteria can be broadly divided into the investment, the talent introduction, outstanding contribution and national demand, and the family reunion. “The regulations for 2020" has some changes to the application requirements, which have facilitated the introduction of talents.
For investment applications, more attention will be paid to the actual investment, a standard of more than 10 million RMB in China. The payment of taxes and the number of Chinese citizens employed are both regulated. “The regulation in 2020?requires qualified foreign talents to make a real contribution to China's economy.
For the application of talent introduction, the evaluation of talents is not only based on a limited number of company and positions, such as associate professors in key institutions of university or college etc., but also includes the consultation mechanism for talent introduction established by relevant departments under the government council. According to “the regulations of 2020", foreigners who made outstanding achievements in the fields of economy, science and technology, education, culture, health and sports can apply directly, and the foreigners who work in China can apply if they reach qualified degree or salary.
There has been no significant change in the application for family reunion. For the applications of outstanding contributions and national needs, “the regulation of 2020?states the specific requirements. The article 19 in “the regulations for 2020" states "foreigners who need to be in China for other legitimate reasons may apply for permanent residence qualification". It indicates that China has significantly relaxed its attitude towards the permanent residence of foreigners. At the same time, these applications will be accepted by the exit and entry administrations of the state administration.
"The regulations for 2020" indicates the services and benefits that foreigners with permanent residence should have, such as social security and compulsory education for their children, but it does not further detail the service and benefits of foreigner with the permanent residence. We believe that the future regulation of foreigners with permanent residence would be more explicit about the service and benefits, so that the legal right and interests of foreigner would be more comprehensive. The foreigners with permanent residence would have a more comfortable life, and the super-national treatment which citizens worried would be restricted.
|
