Everything You Need to Know About the Q2 Spouse Visa

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Maneuvering the landscape of visas in a country like China can be a daunting task. Apart from the mountain of paperwork and the painfully slow bureaucracy, there are also very strict rules to be followed for each category, rules which are stringently enforced. However, there are some visas that might be confusing to many. The Q visa or “the spouse visa” as it’s commonly known, is one of them. In most countries around the world, being married to a national of that country, or indeed, traveling as a spouse of a work visa holder allows you great flexibility. One of the most important rights granted to holders of spouse visas in many countries around the world is the ability to be gainfully employed. Of course, this privilege has certain exceptions, usually excluding diplomatic spouses.

But China’s spouse visa is a different animal altogether, so let’s dissect it with the help of attorney Steve Li.

But for those who are eligible, there are actually two types of the spouse visa to choose from – the short term spouse visa (Q1), which is normally given to non-Chinese spouses of non-Chinese visa holders; and the second is a permanent residence permit (Q2). In this article, we’ll just be focussing on the Q2 Visa.

Who can apply for a Q2 Visa?

First things first, same-sex marriage isn’t recognized in China, and as such, spouses under this category would not be eligible to apply for this visa.

According to article 6 of Administrative Measures for the Examination and Approval of Permanent Residence of Foreigners in China (外国人在中国永久居留审批管理办法),  the following people may apply for the Q2 visa:

• The spouse of a Chinese citizen.

• The spouse of a foreigner who holds a permanent residence permit in China, who has been married for more than 5 years, residing in China for no less than 5 successive years with at least 9 months of residency in China for each year, and has a stable income.

• The spouse of a foreigner who has made a direct investment in China with stable operations and has a good tax payment record for at least three successive years; or people who have held a post of a vice general manager or higher, or associate professor, associate researcher or any other senior associate title or higher for at least 4 successive years, with a cumulative period of residency in China for no less than three in four years, and with a good tax payment record; or people who have made a great and outstanding contribution to, and is especially needed by, China.

Applying for the Q2 Visa

Now comes the application process. And as with any other visa in China, you will need a nice stack of documents to even have your application accepted. According to article 9, article 13 and article 14 of Administrative Measures for the Examination and Approval of Permanent Residence of Foreigners in China (外国人在中国永久居留审批管理办法), the following documents would be required.

• Passport;

• Health certificate;

• Crime clearance certificate;

• Photos;

• Marriage certificate;

• The Chinese spouse’s registered permanent residence certificate, or foreign spouse’s Foreigner’s Permanent Residence Card,

• Certified financial documents and house leasing certificate or certificate of property title;

• Other relevant materials that might be required by the local authority. These documents may vary on a case by case basis. 
  

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What you can and cannot do while on a Q2 Visa

You have successfully jumped through the visa application hoops and have emerged the proud holder of a Q2. What now? What does it mean in the larger scheme of things? What are you allowed or not allowed to do while on this type of permit? According to article 16 and article 17 of Opinions on Intensifying the Management of Permanent Residence Services for Foreigners (关于加强外国人永久居留服务管理的意见), the holder of a permanent residence permit will enjoy a lot of privileges, such as:

• A foreigner holding such permits can handle financial, education, medical care, transportation, communications, employment, and social security, property registration, litigation, and other matters in China.

• A permit holder is not subject to restrictions during his stay in China and may enter and leave from China by presenting his passport and permanent residence permit.

• A foreigner with permanent residence is exempt from obtaining a work visa if the holder works in China and can take technical position competency and career qualification exams according to the regulations. In other words, no need to do the yearly work visa pilgrimage to the PSB! (Please not that this doesn’t apply to Q1 (short term) visa holders. They are required to apply for a work visa if they intend to work in China. Those who choose to work without applying for a proper work permit are liable to fines of up to RMB 20,000 and imprisonment of up to 15 days. They might also get deported as a result of this.)

• The holder can enjoy equal treatment with Chinese citizens in respect to house purchase, handling of financial business, application of a driving license, school enrollment for person’s children, along with travel and accommodation registration according to the law;

• If the holder lives in China and does not have a job, and meets the requirements of the overall planning region, the holder is entitled to social insurance benefits by referring to the basic medical insurance for urban residents and basic pension insurance for urban and rural residents exercised by domestic, urban and rural residents in their place of residence.

But do not be lulled into a false sense of confidence. Permanent residence doesn’t mean this visa cannot be revoked. In case the spouse who sponsored this visa dies, then under the law, there is no legal basis for maintaining the visa. In such an event, then the widow or widower shall have to reapply for a different type of visa. A divorce would also trigger a re-evaluation of this type of visa, though a separation might not.

Steve Li practice covers International Trade, Maritime Affairs, Litigation and Arbitration, Real Estate, FDI and more. To get in touch, call  15201876913 or email:[e-mail]

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Photos: Unsplash, Kudosbay.com, giphy

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