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Q1 Visa and Reunion Residence Permit - Foster Care

ChinaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Which family relationships qualify?

The residence provision covers foreign children under 18 of Chinese-origin foreign nationals or overseas Chinese, placed in custodial care in China.

See recorded sources
  • V(2)(d) fosterage
    For foreign child of Chinese of foreign nationality or overseas Chinese who is under the age of 18 and in custodial care in China, the exit and entry departments of the public security organ in the place of permanent residence or main place of residence of the custodian may issue a residence permit with a validity period of no more than 3 years. The expiry of his/her residence permit shall not be later than the date on which he/she turns 18. The applicant's birth certificate and a copy of the passports of the foreign parents shall be submitted. For those both or one of whose parents are/is Chinese, a copy of the residence permit in the relevant foreign country shall also be submitted. The applicant shall also submit a letter of child custody from the parents of the applicant and a letter of acceptance of child custody from the custodian. The letter of custody shall clearly indicate the custodian or guardian and the term of the custody, etc. The custodian's local permanent residence permit or proof of residence in the his/her actual place of residence for more than 6 months and the resident ID card shall also be submitted.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

A custodian in China supports the application at the place of permanent or principal residence. The custodian must provide local household registration or evidence of over six months' residence, plus their identity card.

See recorded sources
  • V(2)(d) fosterage
    For foreign child of Chinese of foreign nationality or overseas Chinese who is under the age of 18 and in custodial care in China, the exit and entry departments of the public security organ in the place of permanent residence or main place of residence of the custodian may issue a residence permit with a validity period of no more than 3 years. The expiry of his/her residence permit shall not be later than the date on which he/she turns 18. The applicant's birth certificate and a copy of the passports of the foreign parents shall be submitted. For those both or one of whose parents are/is Chinese, a copy of the residence permit in the relevant foreign country shall also be submitted. The applicant shall also submit a letter of child custody from the parents of the applicant and a letter of acceptance of child custody from the custodian. The letter of custody shall clearly indicate the custodian or guardian and the term of the custody, etc. The custodian's local permanent residence permit or proof of residence in the his/her actual place of residence for more than 6 months and the resident ID card shall also be submitted.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

Applicants must submit the child's birth certificate, the foreign parents' passport copies, overseas-settlement proof when either parent is Chinese, parental authorisation specifying the guardian and custody term, and the custodian's acceptance. For public documents within the Apostille Convention scope from countries for which it applies with China, an apostille replaces consular legalisation from 7 November 2023; other documents require the applicable authentication procedure.

See recorded sources
  • V(2)(d) fosterage
    For foreign child of Chinese of foreign nationality or overseas Chinese who is under the age of 18 and in custodial care in China, the exit and entry departments of the public security organ in the place of permanent residence or main place of residence of the custodian may issue a residence permit with a validity period of no more than 3 years. The expiry of his/her residence permit shall not be later than the date on which he/she turns 18. The applicant's birth certificate and a copy of the passports of the foreign parents shall be submitted. For those both or one of whose parents are/is Chinese, a copy of the residence permit in the relevant foreign country shall also be submitted. The applicant shall also submit a letter of child custody from the parents of the applicant and a letter of acceptance of child custody from the custodian. The letter of custody shall clearly indicate the custodian or guardian and the term of the custody, etc. The custodian's local permanent residence permit or proof of residence in the his/her actual place of residence for more than 6 months and the resident ID card shall also be submitted.
  • Implementation paragraph 2
    《公约》是海牙国际私法会议框架下适用范围最广、缔约成员最多的国际条约,旨在简化公文书跨国流转程序。11月7日起,中国送往其他缔约国使用的公文书,仅需办理《公约》规定的附加证明书(Apostille),即可送其他缔约国使用,无需办理中国和缔约国驻华使领馆的领事认证。其他缔约国公文书送中国内地使用,只需办理该国附加证明书,无需办理该国和中国驻当地使领馆的领事认证。

What important financial, accommodation, insurance or maintenance responsibilities apply?

The checked official sources did not provide enough route-specific evidence to confirm any financial, accommodation, insurance or maintenance requirement.

See recorded sources
Limits of the record
  • Any case-specific custody financial obligations or insurance conditions require verification; a fixed amount was not established.
  • V(2)(d) fosterage
    For foreign child of Chinese of foreign nationality or overseas Chinese who is under the age of 18 and in custodial care in China, the exit and entry departments of the public security organ in the place of permanent residence or main place of residence of the custodian may issue a residence permit with a validity period of no more than 3 years. The expiry of his/her residence permit shall not be later than the date on which he/she turns 18. The applicant's birth certificate and a copy of the passports of the foreign parents shall be submitted. For those both or one of whose parents are/is Chinese, a copy of the residence permit in the relevant foreign country shall also be submitted. The applicant shall also submit a letter of child custody from the parents of the applicant and a letter of acceptance of child custody from the custodian. The letter of custody shall clearly indicate the custodian or guardian and the term of the custody, etc. The custodian's local permanent residence permit or proof of residence in the his/her actual place of residence for more than 6 months and the resident ID card shall also be submitted.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

For fosterage, the Q1 visa application requires certification documents such as a power of attorney. In China the foster custodian may apply on the child's behalf for the residence permit at the exit-entry authority where the custodian's household is registered or mainly lives; the permit may be valid up to three years and cannot run beyond the child's 18th birthday. Residence extensions are applied for 30 days before the permit expires. Working in China requires a separate work permit and work-type residence permit.

See recorded sources
  • https://en.nia.gov.cn/n147418/n147458/c155970/content.html
    (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;
  • https://www.nia.gov.cn/n741440/n741587/n1316094/n1355872/c1356497/content.html
    对外籍华人、华侨在中国寄养的未满18周岁的外籍子女,寄养受托人可以向户籍所在地或者主要生活地的公安机关出入境管理机构代为申请居留证件。
  • https://www.nia.gov.cn/n741440/n741587/n1316094/n1355872/c1356497/content.html
    可以签发有效期不超过3年的居留证件,居留期截止日期不能超过其18周岁的日期。
  • https://www.nia.gov.cn/n741440/n741547/c1013311/content.html
    第三十二条 在中国境内居留的外国人申请延长居留期限的,应当在居留证件有效期限届满三十日前向居留地县级以上地方人民政府公安机关出入境管理机构提出申请,按照要求提交申请事由的相关材料。经审查,延期理由合理、充分的,准予延长居留期限;不予延长居留期限的,应当按期离境。
  • https://www.nia.gov.cn/n741440/n741547/c1013311/content.html
    第四十一条 外国人在中国境内工作,应当按照规定取得工作许可和工作类居留证件。任何单位和个人不得聘用未取得工作许可和工作类居留证件的外国人。

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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