Types of Visas EEAL 16; RAEEF 5, 6, 7

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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 classes of visas (diplomatic, courtesy, official, and ordinary) and detail the types of ordinary visas and basic requirements for their issuance.

An important point to note is that while there are C, D, G, J, L, M, Q, R, S, X, and Z visa types, there is no T visa. What many call a T visa is actually a Stay Permit (停留证件). Stay permits are usually issued on the same backing paper as visas, and they are good for short-term stay, periods up to and including 180 days (EEAL 29, 34). This is the same as visas and in contrast to Residence Permits (RPs) which, with one exception, are good for long-term residence over 180 days (EEAL 30; RAEEF 36). But stay permits are not legally visas. They are a third type of document that covers the need for a document for short-term stay that is issued in China and allows for stay and exit, but not for entry (EEAL 34). Except in cases of extension, change, re-issuance, or for port visas (EEAL 20) or in exceptional and/or irregular circumstances, visas are not issued inside China, but are issued by Chinese diplomatic representatives or their authorized agents outside of China for entry into and stay in China (See EEAL 18, 19, 20, 29, 35, 36; RAEEF 10, 11, 12, 37, 38, for example).

A further point to note is that there is no “humanitarian” visa type. Visas and stay permits can be issued for humanitarian reasons, but those are still ordinary visas, of the types detailed in the provisions below, and stay permits. The fact that foreigners are often given a stay permit for humanitarian reasons after ending a labor contract, along with sloppy writing by some sources, has encouraged the idea that these post contract stay permits are “humanitarian visas.” That understanding is simply wrong.

EEAL 16 Diplomatic, Courtesy, Official, and Ordinary Visas

Article 16

Visas are categorized as diplomatic visa, courtesy visa, official visa and ordinary visa.

Diplomatic or official visas shall be issued to foreigners who enter China for diplomatic or official reasons; and courtesy visas shall be issued to foreigners who are given courtesy due to their special status. The scope and measures for issuing diplomatic, courtesy and official visas shall be stipulated by the Ministry of Foreign Affairs.

Appropriate types of ordinary visa shall be issued to foreigners who enter China due to non-diplomatic or official reasons including work, study, family visit, travel, business activities and talent introduction. The types of ordinary visa and relevant issuance measures shall be stipulated by the State Council.

第十六条 

签证分为外交签证、礼遇签证、公务签证、普通签证。

对因外交、公务事由入境的外国人，签发外交、公务签证；对因身份特殊需要给予礼遇的外国人，签发礼遇签证。外交签证、礼遇签证、公务签证的签发范围和签发办法由外交部规定。

对因工作、学习、探亲、旅游、商务活动、人才引进等非外交、公务事由入境的外国人，签发相应类别的普通签证。普通签证的类别和签发办法由国务院规定。

Entry Exit Administration Law of the People’s Republic of China (EEAL)

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

- - -

RAEEF 5, 6, 7; Categories and Issuance of Visas

Article 5

The scope and measures for issuance of diplomatic, courtesy and official visas shall be specified by the Ministry of Foreign Affairs.

Article 6

Ordinary visas are divided into the following categories and shall be marked with corresponding letters in the Chinese phonetic alphabet:

(1) The C visa is issued to crew members performing duties on board an international train, aircraft or vessel, and the accompanying family members of vessel crew members, and vehicle drivers engaged in international transportation services;

(2) The D visa is issued to persons who come to China for permanent residence;

(3) The F visa is issued to persons who come to China for exchanges, visits, study tours or other relevant activities;

(4) The G visa is issued to persons who transit through China;

(5) The J1 visa is issued to resident foreign journalists of permanent offices of foreign news agencies in China; the J2 visa is for foreign journalists who come to China for short-term news coverage;

(6) The L visa is issued to persons who come to China for travel; persons who come to China for group travel can be issued Group L visas;

(7) The M visa is issued to persons who come to China for commercial trade activities;

(8) The Q1 visa is issued to family members of Chinese citizens and family members of foreigners with permanent residence status in China who apply for residence in China for family reunion, as well as for persons who apply for residence in China for fosterage or other purposes; the Q2 visa is for relatives of Chinese citizens living in China, or relatives of foreigners with permanent residence status in China, who apply for a short-term visit;

(9) The R visa is issued to foreigners of high talent who are needed, or specialists who are urgently needed, by the State;

(10) The S1 visa is issued to the spouses, parents, children under the age of 18 or parents-in-law of foreigners residing in China for work, study or other purposes who apply for a long-term visit to China, as well as for persons who need to reside in China for other personal matters; the S2 visa is for family members of foreigners staying or residing in China for work, study or other purposes who apply for a short-term visit to China, as well as for persons who need to stay in China for other personal matters;

(11) The X1 visa is issued to persons who apply for long-term study in China; the X2 visa is for persons who apply for short-term study in China; and

(12) The Z visa is issued to persons who apply for work in China.

Article 7

A foreigner applying for a visa shall fill out the application form, and submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application.

(1) To apply for the C visa, the applicant shall submit the letter of guarantee provided by a foreign transportation company or the letter of invitation provided by the entity concerned in China;

(2) To apply for the D visa, the applicant shall submit the form issued by the Ministry of Public Security confirming his or her permanent residence status;

(3) To apply for the F visa, the applicant shall submit the invitation letter provided by the inviting party in China;

(4) To apply for the G visa, the applicant shall submit a through ticket (air, road, rail or sea) to another country or region with the date and seat number on it;

(5) To apply for the J1 or J2 visa, the applicant shall go through the formalities of examination and approval in accordance with the Chinese provisions on news coverage by permanent offices of foreign news agencies in China and by foreign journalists, and submit the relevant application material;

(6) To apply for the L visa, the applicant shall, as required, submit travel plans and itinerary and other material; in the case of a group tour, the applicant shall also submit the letter of invitation provided by the travel agency;

(7) To apply for the M visa, the applicant shall, as required, submit the letter of invitation provided by the commercial or trade partner in China;

(8) To apply for the Q1 visa, in the case of applying for residence in China for family reunion, the applicant shall submit the invitation letter provided by the Chinese citizen living in China or by the foreigner with permanent residence status in China and proof of family relationship; and in the case of applying for entry for fosterage or other purposes, the applicant shall submit such certification documents as a power of attorney; to apply for the Q2 visa, the applicant shall submit such certification documents as the letter of invitation provided by the Chinese citizen living in China or by the foreigner with permanent residence status in China;

(9) To apply for the R visa, the applicant shall meet the qualifications and requirements set by the competent authorities of the Chinese government for inviting persons of high talent or urgently needed specialists, and the applicant shall, in accordance with relevant provisions, submit the relevant certification documents;

(10) To apply for the S1 or S2 visa, the applicant shall, as required, submit the invitation letter provided by the foreigner staying or residing in China for work, study or other purposes and proof of family relationship, or the certification documents required for dealing with personal matters in China;

(11) To apply for the X1 visa, the applicant shall, in accordance with relevant provisions, submit the admission notice issued by the admission institution and the certification documents provided by the competent authority; to apply for the X2 visa, the applicant shall, in accordance with relevant provisions, submit such certification documents as the admission notice issued by the admission institution; and

(12) To apply for the Z visa, the applicant shall, in accordance with relevant provisions, submit the work permit and other certification documents.

The visa authority may, in light of specific cases, require a foreigner to submit additional application material.

第五条

外交签证、礼遇签证、公务签证的签发范围和签发办法由外交部规定。

第六条　

普通签证分为以下类别，并在签证上标明相应的汉语拼音字母：

    （一）C字签证，发给执行乘务、航空、航运任务的国际列车乘务员、国际航空器机组人员、国际航行船舶的船员及船员随行家属和从事国际道路运输的汽车驾驶员。

    （二）D字签证，发给入境永久居留的人员。

    （三）F字签证，发给入境从事交流、访问、考察等活动的人员。

    （四）G字签证，发给经中国过境的人员。

    （五）J1字签证，发给外国常驻中国新闻机构的外国常驻记者；J2字签证，发给入境进行短期采访报道的外国记者。

    （六）L字签证，发给入境旅游的人员；以团体形式入境旅游的，可以签发团体L字签证。

    （七）M字签证，发给入境进行商业贸易活动的人员。

    （八）Q1字签证，发给因家庭团聚申请入境居留的中国公民的家庭成员和具有中国永久居留资格的外国人的家庭成员，以及因寄养等原因申请入境居留的人员；Q2字签证，发给申请入境短期探亲的居住在中国境内的中国公民的亲属和具有中国永久居留资格的外国人的亲属。

    （九）R字签证，发给国家需要的外国高层次人才和急需紧缺专门人才。

    （十）S1字签证，发给申请入境长期探亲的因工作、学习等事由在中国境内居留的外国人的配偶、父母、未满18周岁的子女、配偶的父母，以及因其他私人事务需要在中国境内居留的人员；S2字签证，发给申请入境短期探亲的因工作、学习等事由在中国境内停留居留的外国人的家庭成员，以及因其他私人事务需要在中国境内停留的人员。

    （十一）X1字签证，发给申请在中国境内长期学习的人员；X2字签证，发给申请在中国境内短期学习的人员。

    （十二）Z字签证，发给申请在中国境内工作的人员。

第七条

外国人申请办理签证，应当填写申请表，提交本人的护照或者其他国际旅行证件以及符合规定的照片和申请事由的相关材料。

    （一）申请C字签证，应当提交外国运输公司出具的担保函件或者中国境内有关单位出具的邀请函件。

    （二）申请D字签证，应当提交公安部签发的外国人永久居留身份确认表。

    （三）申请F字签证，应当提交中国境内的邀请方出具的邀请函件。

    （四）申请G字签证，应当提交前往国家（地区）的已确定日期、座位的联程机（车、船）票。

    （五）申请J1字及J2字签证，应当按照中国有关外国常驻新闻机构和外国记者采访的规定履行审批手续并提交相应的申请材料。

    （六）申请L字签证，应当按照要求提交旅行计划行程安排等材料；以团体形式入境旅游的，还应当提交旅行社出具的邀请函件。

    （七）申请M字签证，应当按照要求提交中国境内商业贸易合作方出具的邀请函件。

    （八）申请Q1字签证，因家庭团聚申请入境居留的，应当提交居住在中国境内的中国公民、具有永久居留资格的外国人出具的邀请函件和家庭成员关系证明，因寄养等原因申请入境的，应当提交委托书等证明材料；申请Q2字签证，应当提交居住在中国境内的中国公民、具有永久居留资格的外国人出具的邀请函件等证明材料。

    （九）申请R字签证，应当符合中国政府有关主管部门确定的外国高层次人才和急需紧缺专门人才的引进条件和要求，并按照规定提交相应的证明材料。

    （十）申请S1字及S2字签证，应当按照要求提交因工作、学习等事由在中国境内停留居留的外国人出具的邀请函件、家庭成员关系证明，或者入境处理私人事务所需的证明材料。

    （十一）申请X1字签证应当按照规定提交招收单位出具的录取通知书和主管部门出具的证明材料；申请X2字签证，应当按照规定提交招收单位出具的录取通知书等证明材料。

    （十二）申请Z字签证，应当按照规定提交工作许可等证明材料。

    签证机关可以根据具体情况要求外国人提交其他申请材料。

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

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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