According to the Measures for the Administration of Examination and Approval of Foreigners’ Permanent Residence in China, foreigners who have been approved to permanently reside in China shall not stay in China for less than three months in total every year. If it is true that they cannot stay in China for three months in total every year due to actual needs, they shall be approved by the public security departments and bureaus of provinces, autonomous regions, and municipalities directly under the Central Government where they have long-term residence, but their cumulative residence in China within five years shall not be less than one year. If the above requirements are not met, the following consequences may occur:
-Warning or reminder: The exit and entry management department of the public security organ may first warn or remind the foreigner to comply with the relevant regulations, reasonably arrange his stay in China, and ensure that the annual length of stay meets the requirements.
-Restricted renewal of certificates: When an alien’s permanent residence identity card needs to be renewed upon expiration of its validity period, the public security organ may refuse to issue a new certificate for him/her if it finds that he/she has stayed for less than three months every year without approval, or has stayed for less than one year accumulatively within five years.
-Cancellation of permanent residence qualification: If the foreigner has continuously or repeatedly violated the regulations by staying for less than three months per year without approval without justified reasons, the Ministry of Public Security has the right to cancel his permanent residence qualification in China, and at the same time confiscate his Foreigner’s Permanent Residence Permit or declare it invalid.
