Measures on the Application and Issuance of Residence Permits for Hong Kong, Macao or Taiwan Residents (Mainland China)

The General Office of the State Council issued a circular on August 6, 2018 in which it formulated the Measures on the Application and Issuance of Residence Permits for Hong Kong, Macao or Taiwan Residents, (the “Measures”) for the application for residence permits by residents of Hong Kong, Macao and Taiwan.  The Measures primarily cover the eligibility, application materials, procedure and validity of those residence permits.  The Measures went into effect on September 1, 2018 and are highlighted below:

1. Eligibility

Under Article 2 of the Measures, residents from Hong Kong, Macao or Taiwan who have visited and stayed in mainland China for over six months and who have met one of the conditions such as lawful and stable employment, lawful and stable residence and continuous study may apply for a residence permit if desired.  For residents from Hong Kong, Macao or Taiwan under the age of 16, application for a residence permit may be filed by their guardians on their behalf.

2. Application materials

Under Article 8 of the Measures, residents from Hong Kong, Macao or Taiwan who seek to apply for a residence permit are required to fill out the Application Registration Form for Residence Permits of Hong Kong, Macao or Taiwan Residents, present their personal entry papers for verification and submit the supporting materials, such as their residential addresses, employment and study to a local police station or a household registration office designated by the public security agency of the county people’s government with jurisdiction over the residence of the applicant.  Supporting materials for residential addresses include lease contracts, property title documents, property purchase contracts or proof of accommodation provided by the lessor, the employer organization or the school.  Proof of employment includes the industrial and commercial business licenses, labor contracts, a labor relationship certificate issued by the employer organization or other materials sufficient to support lawful and stable employment.  Proof of study includes a student ID and other materials issued by the school to show continuous study.

3. Handling procedures

Under Article 10 of the Measures, the public security agency shall, after accepting applications from eligible residents of Hong Kong, Macao or Taiwan for receiving, renewing or issuing makeup residence permits, issue the residence permits within 20 working days.  For areas without convenient transportation, the processing time may be appropriately extended, provided that the extension shall not exceed 10 working days.

4. Holder’s rights and interests

Residence permits for Hong Kong, Macao, Taiwan residents shall be valid for a term of five years, and the holder of such permits shall enjoy the following rights, public services and social conveniences:

Under Article 12 of the Measures, holders of the residence permits shall enjoy rights in employment, social insurance, and the deposit, withdrawal and use of the housing provident funds.  The people’s governments above the county level and their relevant departments shall provide the following public services for Hong Kong, Macao or Taiwan residents who are residence permit holders: (1) compulsory education; (2) basic public employment services; (3) basic public health services; (4) public cultural and sports services; (5) legal aid and other legal services; and (6) other basic public services as prescribed by the state and place of residence.

Meanwhile, Article 13 of the Measures also stipulates that the residence permit holders shall enjoy the following conveniences in the Mainland: (1) domestic flights, trains and other means of transportation; (2) hotel accommodations; (3) financial services such as banking, insurance, securities and futures; (4) same treatment as Mainland residents in consumer activities such as shopping, purchasing entrance tickets to parks and various cultural and sports venues, and cultural, leisure, and business travel; (5) registration of motor vehicles at the place of residence; (6) application and receipt of a motor vehicle driving license at the place of residence; (7) participating in vocational qualification examinations and for receive such vocational qualifications at the place of residence; (8) registration for birth services at the place of residence; and (9) other conveniences as stipulated by the state and the place of residence.