New Deal
Overseas Chinese with foreign countries or green cards will be forced to cancel their accounts in China.
According to Article 46 of the Regulations on the Administration of Permanent Residence in Shanghai issued by Shanghai Public Security Bureau on March 9, it is mentioned that:
"Those who go abroad to settle down or join a foreign nationality shall cancel their accounts with the local police station. If the account has not been cancelled, the police station shall promptly notify the person, close relatives, head of household or collective household coordinator, and refuse to cancel the account or cancel the account within one month after the notice. "
From May this year 1, Shanghai residents who have settled abroad or joined foreign nationalities must voluntarily cancel their accounts within one month; Otherwise, the public security bureau will automatically help you cancel!
First of all, adding foreign nationality is easy to understand. But "living abroad" is more interesting.
Let's take a look at the official explanation given by the Overseas Chinese Affairs Office of the State Council:
"Settlement" means that China citizens have obtained the long-term or permanent residency in the country of residence (that is, the country of residence) and have lived in that country for two consecutive years (and the cumulative residence in these two years is not less than 18 months). Moreover, even if a China citizen has not obtained the permanent residency in the country of residence, but has obtained a legal visa for more than five consecutive years (including five years) and has lived continuously for 30 months in these five years, it will be regarded as "settlement".
Therefore, from the standard answer given by the Overseas Chinese Affairs Office, it can be seen that people with overseas "permanent residence" status will be regarded as settled;
Moreover, the British permanent residence status can basically be regarded as a "permanent" visa, and it must be more than five years, so it meets the "settlement" standard in any case.
Moreover, other Shanghai residents who hold legal visas and "live overseas for a long time" are also at risk, because as long as they meet the conditions of "staying for 30 months within five years", they will inevitably be regarded as the fate of settlement.
So, you either take the initiative to cancel, or the public security organ will force it to cancel.
Overseas students and overseas staff are not subject to this restriction.
At this time, there will be many people with student visas or work visas who are very flustered and want to say that they have not really got permanent residence, but have left for many years. Will this be affected?
In this regard, this "Regulations" also explains. Article 30 mentions: "Residents who have permanent residence in this city do not live in this city, but have nowhere to settle down for reasons such as going to other provinces, cities or countries (working and studying abroad), and can move into public accounts in the community where their household registration is located."
Moreover, it can be seen from the explanation given by the Overseas Chinese Affairs Office that "China citizens studying abroad (at public or at their own expense, or during their work abroad on business) are not regarded as overseas Chinese (that is, they are not regarded as settled)."
So simply speaking, this new policy is aimed at China people who have obtained permanent residence (green card) but have not yet become foreigners.
In fact, this new account management policy, which has been implemented since May this year 1, has always existed; Only this time, the stricter revision can be regarded as the official intention to start "real" implementation.
In the 20 10 version of the old regulations, Article 12 reads: "Residents of this city may not cancel their accounts when going abroad or leaving the country. Residents of this Municipality who have settled abroad or abroad shall declare the cancellation of their accounts in accordance with the relevant provisions of the state and this Municipality on exit and entry management. " In fact, the old rule requires the parties who have settled abroad to cancel their Shanghai accounts voluntarily; However, few people will actually do it.
Moreover, in the old version of Article 12, it was also written: "If a city resident originally obtained a national or regional residence permit and wanted to return to Shanghai for reasons such as visiting relatives or working, he would be restored by the police station with the approval of the exit-entry administration department of the Municipal Public Security Bureau." However, in the newly revised regulations, this article has also been deleted.
It seems that the official wants to really "move" and take the initiative to check these China people who have Shanghai hukou but have settled abroad; Besides, I don't seem to want to give a chance to change my mind.
In addition, there is another possibility that overseas Chinese are worried, that is, this policy reform in Shanghai is likely to be a test for the gradual implementation of the whole country in the future. Then, I'm afraid more and more overseas Chinese will be affected by that time.
However, it is also reported that the relevant regulations issued by Shanghai may be formulated according to the characteristics of the local household registration system, the proportion of the local population and the development situation, and they are not universally applicable throughout the country. So it is hard for us to say what kind of development will happen in the future. ...
What if I lose my account?
As we all know, the existence of hukou is very important in China. Without a hukou, it is only a trivial matter to enjoy preferential policies in China, and even it is extremely troublesome to buy a house, apply for a certificate and open an account. Moreover, in principle, the account has been cancelled, and the identity card should also be recovered by the public security bureau where the original account is located; Doesn't this mean that the ID card will lose its validity?
Well, fortunately, the Overseas Chinese Affairs Office has given a standard answer to the question that overseas Chinese need to reissue their "China identity", which is intercepted here for your reference:
Q: Holding a foreign long-term residence certificate and a China passport, the policy cancelled the China household registration. Chinese identity cards are urgently needed. How to get them quickly and simply?
A: According to the provisions of the Resident Identity Card Law, overseas Chinese who have been approved to settle in China meet the requirements for applying for resident identity cards. Overseas Chinese may apply to the overseas Chinese affairs department of the local people's government at or above the county level. In line with the conditions, the overseas Chinese affairs department of the provincial or municipal people's government shall issue the Certificate of Overseas Chinese Returning to China to Settle down, and the overseas Chinese shall register their permanent residence at the county-level public security organ where they intend to live and obtain their resident identity cards.
Q: I went abroad from the late 1980s to the early 1990s. Due to the imperfect exit-entry management policy at that time, can my ID card and account that I was forced to cancel be properly solved now?
A: According to the provisions of the Resident Identity Card Law, overseas Chinese who have been approved to settle in China can apply for resident identity cards. To apply for overseas Chinese to return to China for settlement, an application shall be submitted to the overseas Chinese affairs department of the local people's government at or above the county level. In line with the conditions, the overseas Chinese affairs department of the provincial or municipal people's government shall issue the certificate of overseas Chinese returning to China to settle down, and the overseas Chinese shall go to the county-level public security organ where they intend to live to register their permanent residence and obtain their resident identity cards.
Q: If a person is abroad and his ID card has expired, can he entrust his family in China to handle it, or can he change his ID card directly at the China Embassy?
A: According to the provisions of the Resident Identity Card Law, citizens under the age of 16 can apply for resident identity cards on their behalf by guardians. Except in this case, they should apply for, renew and reissue their identity cards themselves. Resident identity cards are uniformly produced and issued by public security organs. Therefore, you need to apply at the local police station. China embassies and consulates abroad have no responsibility to apply for resident identity cards.
Q: China people need personal certificates to handle fixed assets, pension, real estate, self-funded medical care, tourism, industry and banking-related businesses in China after their household registration and identity cards are cancelled, but foreign passports cannot be used in some aspects. What should I do?
A: According to the provisions of the Nationality Law of China, China does not recognize dual nationality, so you automatically lose your China nationality after you acquire foreign nationality. The lawful property of former China citizens who have joined foreign nationality in China is protected by law, and they can register information change in relevant departments in time. A foreign passport is a proof of identity for handling relevant affairs in China. When handling the information change registration, it is necessary to issue relevant certificates and notarial authentication that the foreign passport holder is consistent with the original Chinese identity card and China passport holder.
Q: Overseas Chinese who apply for restoring their China hukou and obtaining Chinese identity cards should fill in the Declaration Form of Voluntary Abandonment of Living Abroad and sign it. Excuse me, if I don't live in China after I get my ID card, will I automatically cancel my Chinese ID card?
A: According to the current law, overseas Chinese who are allowed to settle in China can apply for resident identity cards. When applying for returning to China to settle down, the overseas Chinese affairs department of the government will ask the applicant to provide a statement of renouncing overseas residence qualification. Resident identity cards are closely related to household registration, and both belong to the management authority of the public security department. If the public security department cleans up the accounts and asks citizens who have settled abroad to cancel their accounts, their resident identity cards will be cancelled at the same time.
Q: China people are different from foreigners. According to state regulations, they must cancel their household registration and identity cards. However, various difficulties in people's livelihood have made China people try their best to keep their household registration and identity cards. Are there any new legal provisions in this regard?
A: According to the Nationality Law of China, China does not recognize dual nationality. China citizens automatically lose their China nationality after acquiring foreign nationality, and no longer retain their household registration and identity cards. At present, there are no new regulations on this.
Q: There are restrictions for China people to buy high-speed rail tickets and stay in hotels in China with passports, and they can't make online appointments for medical treatment, use public transport equipment and open accounts because they don't have ID cards. How to solve this problem?
A: Since June 2006, the foreigner's permanent residence permit has been renamed as "foreigner's permanent residence identity card", which adopts the style and technical standard of Chinese resident identity card, making it convenient for the holder to handle social affairs.
Q: Do children born abroad who only hold China passports but have no China household registration have to go back to China to apply for identity cards after 18 years old to enjoy the rights of China citizens?
A: China citizens who have settled overseas enjoy the same rights as citizens living in China. It is convenient for them to handle affairs in China when they return to China to apply for resident identity cards.
Q: After working and living overseas for more than 7 years, how can I identify myself as an overseas Chinese? Which department do you need to apply to and what supporting materials do you need? Can people apply overseas?
A: Overseas Chinese who need to be recognized as overseas Chinese by the overseas Chinese affairs department of the government can apply to the overseas Chinese affairs department of the people's government at or above the county level in accordance with relevant regulations. To identify overseas Chinese, I need to provide my passport, foreign residence permit and notarial certificate or appraisal certificate issued by foreign embassies and consulates.
Q: Having lived in Shanghai for more than ten years, I can't do anything without my ID card. Can foreign Chinese living in China for a long time be issued with certificates similar to ID cards to facilitate their life and work?
A: Since June 2006, the foreigner's permanent residence permit has been renamed as "foreigner's permanent residence identity card", which adopts the style and technical standard of Chinese resident identity card, making it convenient for the holder to handle social affairs. Those who meet the conditions for permanent residence of foreigners can apply for permanent residence identity cards for foreigners.