EEAL 21, 31, 36; RAEEF 21, Denial of visas, RPs and stay permits

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The following provisions of the Exit and Entry Administration Law of the People’s Republic of China (EEAL) and the Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners (RAEEF) stipulate when applications for visas, stay permits, and residence permits (RPs) should not be approved. Also note that, as per EEAL 36, these decision are final.

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EEAL Article 21, Reasons visas shall not be issued

Under any of the following circumstances, visas shall not be issued to foreigners:

(1) Was deported, or was repatriated upon decision, and the No-Entry-into-China period has not expired;

(2) Is suffering from serious mental disorders, infectious tuberculosis or other infectious diseases that may severely jeopardize the public health;

(3) May endanger China’s national security or interests, or disrupt social and public order, or engage in other illegal or criminal activities;

(4) Resort to fraudulent acts in visa application or cannot guarantee expected expenditures during their stay in China;

(5) Fail to submit relevant information required by the visa-issuing authorities; or

(6) Other circumstances in which visa authorities consider a visa should not be issued.

The visa-issuing authorities are not required to give reasons for refusing the issuance of a visa.

出境入境管理法 第二十一条 

外国人有下列情形之一的，不予签发签证：

（一）被处驱逐出境或者被决定遣送出境，未满不准入境规定年限的；

（二）患有严重精神障碍、传染性肺结核病或者有可能对公共卫生造成重大危害的其他传染病的；

（三）可能危害中国国家安全和利益、破坏社会公共秩序或者从事其他违法犯罪活动的；

（四）在申请签证过程中弄虚作假或者不能保障在中国境内期间所需费用的；（五）不能提交签证机关要求提交的相关材料的；

（六）签证机关认为不宜签发签证的其他情形。

对不予签发签证的，签证机关可以不说明理由。

EEAL Article 31, Reasons RPs shall not be issued

Under any of the following circumstances, a foreigner’s residence permit shall not be issued:

(1) The visa held does not belong to the type for which a foreigner’s residence permit should be issued;

(2) Resorts to fraudulent acts in application;

(3) Fails to provide relevant supporting materials in accordance with relevant regulations;

(4) Is not eligible to reside in China because of violation of relevant Chinese laws or administrative regulations; or

(5) Other circumstances in which the issuing authority considers a foreigner’s residence permit should not be issued.

Foreigners with expertise and foreign investors who conform to relevant State regulations or foreigners who need to change their status from stay to residence for humanitarian or other reasons, may undergo the formalities for obtaining foreigner’s residence permits upon approval by the exit/entry administrations of public security organs under local people’s governments at or above the city with districts.

出境入境管理法  第三十一条 

外国人有下列情形之一的，不予签发外国人居留证件：

（一）所持签证类别属于不应办理外国人居留证件的；

（二）在申请过程中弄虚作假的；

（三）不能按照规定提供相关证明材料的；

（四）违反中国有关法律、行政法规，不适合在中国境内居留的；

（五）签发机关认为不宜签发外国人居留证件的其他情形。

符合国家规定的专门人才、投资者或者出于人道等原因确需由停留变更为居留的外国人，经设区的市级以上地方人民政府公安机关出入境管理机构批准可以办理外国人居留证件。

EEAL Article 36, EEA decisions on visas, stay permits, and RPs final

Decisions made by the exit/entry administration of public security organ on rejecting applications for visa extension or reissuance, or on not issuing foreigners’ stay or residence permits or not extending the duration of residence shall be final.

出境入境管理法 第三十六条 

公安机关出入境管理机构作出的不予办理普通签证延期、换发、补发，不予办理外国人停留居留证件、不予延长居留期限的决定为最终决定。

Entry Exit Administration Law

http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553532.htm

中华人民共和国出境入境管理法

http://www.gov.cn/flfg/2012-06/30/content_2174944.htm

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RAEEF 21,  Reasons EEA shall not approve visas, RPs, and stay permits

In one of the following circumstances, the exit and entry administration authority of the public security organ shall not approve the application for extension, change or reissuance of a visa or residence permit, or the application for a stay permit, submitted by a foreigner:

(1) The applicant fails to provide material supporting his or her application in accordance with relevant provisions;

(2) The applicant has knowingly falsified information in the application process;

(3) The applicant is not eligible for staying or residing in China due to violation of relevant Chinese laws or administrative regulations; or

(4) Other circumstances where it is not appropriate to approve the applicant’s application for extension, change or reissuance of a visa or residence permit, or for issuance of a stay permit.

外国人入境出境管理条例 第二十一条 

公安机关出入境管理机构对有下列情形之一的外国人，不予批准签证和居留证件的延期、换发、补发，不予签发停留证件：

（一）不能按照规定提供申请材料的；

（二）在申请过程中弄虚作假的；

（三）违反中国有关法律、行政法规规定，不适合在中国境内停留居留的；

（四）不宜批准签证和居留证件的延期、换发、补发或者签发停留证件的其他情形。

Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners

http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553545.htm

中华人民共和国外国人入境出境管理条例

http://www.gov.cn/zwgk/2013-07/22/content_2452453.htm

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