When a residence permit is refused: the grounds in Article 31

Law, Article 31 lists five circumstances in which a foreigner's residence permit shall not be issued. Regulations, Article 21 separately lists four circumstances in which the exit and entry administration authority shall not approve certain applications for a visa or residence permit, or for a stay permit. Law, Article 36 states that the relevant decisions shall be final.

The wording below is from the English texts published by the National Immigration Administration. The two lists are kept apart because they cover different provisions.

Grounds in Article 31 of the Law

Law, Article 31 begins: "Under any of the following circumstances, a foreigner's residence permit shall not be issued:"

(1) The visa held does not belong to the type for which a foreigner's residence permit should be issued;

(2) Resorts to fraudulent acts in application;

(3) Fails to provide relevant supporting materials in accordance with relevant regulations;

(4) Is not eligible to reside in China because of violation of relevant Chinese laws or administrative regulations; or

(5) Other circumstances in which the issuing authority considers a foreigner's residence permit should not be issued.

The second paragraph of Law, Article 31 is a separate sentence. It says that "Foreigners with expertise and foreign investors who conform to relevant State regulations or foreigners who need to change their status from stay to residence for humanitarian or other reasons, may undergo the formalities for obtaining foreigner's residence permits upon approval by the exit/entry administrations of public security organs under local people's governments at or above the city with districts."

Circumstances in Article 21 of the Regulations

Regulations, Article 21 begins: "In one of the following circumstances, the exit and entry administration authority of the public security organ shall not approve the application for extension, change or reissuance of a visa or residence permit, or the application for a stay permit, submitted by a foreigner:"

(1) The applicant fails to provide material supporting his or her application in accordance with relevant provisions;

(2) The applicant has knowingly falsified information in the application process;

(3) The applicant is not eligible for staying or residing in China due to violation of relevant Chinese laws or administrative regulations; or

(4) Other circumstances where it is not appropriate to approve the applicant's application for extension, change or reissuance of a visa or residence permit, or for issuance of a stay permit.

Regulations, Article 21 names the applications it covers: extension, change or reissuance of a visa or residence permit, and the application for a stay permit.

Finality of the decision

Law, Article 36 reads: "Decisions made by the exit/entry administration of public security organ on rejecting applications for visa extension or reissuance, or on not issuing foreigners' stay or residence permits or not extending the duration of residence shall be final."

The two lists above answer different questions. Article 31 gives the grounds on which a residence permit shall not be issued. Article 21 gives the grounds on which the exit and entry administration authority shall not approve the listed applications.

Provision	Applications or decisions it covers	Number of circumstances
Law, Article 31	Issuing a foreigner's residence permit	Five
Regulations, Article 21	Extension, change or reissuance of a visa or residence permit; application for a stay permit	Four

Questions people ask

Which article lists the grounds for refusing a residence permit?

Law, Article 31 lists five circumstances under which a foreigner's residence permit shall not be issued. The fifth item covers other circumstances in which the issuing authority considers a residence permit should not be issued.

What does Article 36 of the Law say about the decision?

Law, Article 36 states that decisions made by the exit/entry administration of public security organ on rejecting certain applications shall be final. The article applies to rejections of visa extension or reissuance, and to decisions not to issue stay or residence permits or not to extend the duration of residence.

Sources

• Exit and Entry Administration Law of the People's Republic of China (English text published by the National Immigration Administration), National Immigration Administration
• Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners (English text published by the National Immigration Administration), National Immigration Administration

Checked 11 October 2026

This page is an unofficial summary. It is not published by or affiliated with the National Immigration Administration, the Ministry of Foreign Affairs, any embassy, consulate or visa application service centre, and it is not legal or immigration advice. If the official text and the current notice of the office handling your case differ, the official text and that notice prevail.