Best Dependent Visa Lawyers in Xiamen

About Dependent Visa Law in Xiamen, China

China does not have a single visa category called a "dependent visa." Instead, family members of foreigners who are legally in China use one of several family-reunion visa categories depending on the sponsor's status. The most commonly used visas for dependents are:

- S1 and S2 visas for family members of foreigners working, studying, or receiving long-term medical treatment in China. S1 is for stays longer than 6 months and usually requires a residence permit to be applied for after arrival. S2 is for short visits usually up to 180 days.

- Q1 and Q2 visas for family members of Chinese citizens or foreigners with permanent residence in China. Q1 is for long-term family reunion and conversion to a residence permit; Q2 is for short-term family visits.

In Xiamen, as elsewhere in China, entry, visa issuance, and subsequent residence-permit processing are handled through the local entry-exit administration and public security bureau offices. Many applications require documentation such as passports, marriage or birth certificates, invitation letters, sponsor proof of legal stay in China, translations into Chinese, and notarization and authentication of foreign documents. Rules and practices may vary by local office, and procedures change over time, so up-to-date confirmation from Xiamen authorities or a qualified advisor is important.

Why You May Need a Lawyer

Many dependent visa matters are straightforward and handled through consulates or the local exit-entry bureau. However, there are many situations where legal help is valuable or essential:

- Complex documentation and authentication requirements - lawyers and immigration specialists can help prepare, notarize, and authenticate foreign marriage and birth certificates and ensure accurate Chinese translations.

- Visa refusals or administrative delays - a lawyer can advise on appeal options, reapplications, or remedying deficiencies in the original submission.

- Overstay, unlawful presence, or removal risks - legal counsel can help negotiate with authorities and minimize penalties or future visa consequences.

- Converting short-term visas to long-term residence permits - procedural knowledge helps ensure timely applications and compliance with medical exam, registration, and biometrics requirements.

- Family law events that affect immigration status - divorce, custody disputes, or death of a sponsor can directly affect dependent status and may require coordinated legal strategy.

- Permanent residence or long-term planning - lawyers can advise eligibility, document strategy, and timeline for applying for China permanent residence where applicable.

Local Laws Overview

Key legal and administrative frameworks that affect dependent visas in Xiamen include national exit-and-entry laws and regulations along with local implementation rules and public security bureau procedures. Important points to know:

- Exit-Entry Administration Law and implementing regulations set the categories of visas, grounds for issuance and refusal, and rules for residence permits.

- The National Immigration Administration and local Public Security Bureaus implement application, entry, and residence permit procedures. Xiamen-specific application procedures are handled by the Xiamen Exit-Entry Administration Bureau and local entry-exit police stations.

- Document requirements often include notarization and consular authentication for foreign-issued civil documents (marriage certificates, birth certificates), plus certified Chinese translations. Some local offices may accept alternate forms of verification - always confirm locally.

- S1 and Q1 visa holders who intend to stay long term generally must apply for a residence permit at the public security bureau within a specified period after arrival (typically 30 days). A medical check is often required for long-term residence permits.

- Visa validity, permitted duration of stay, and work rights vary by visa type. Spouses on S or Q visas generally do not automatically gain the right to work - a separate work permit and residence permit reflecting employment are typically required.

- Immigration rules are subject to amendment. Administrative practice can vary across cities and between different exit-entry offices. Local procedures in Xiamen may have specific documentary or appointment requirements, so check with the local office or a qualified advisor before applying.

Frequently Asked Questions

What visa should my spouse or child apply for if I live and work in Xiamen?

If you hold a work-related Z visa or a long-term residence permit tied to employment or study, your family members typically apply for S visas. Use S1 for intended stays longer than 6 months and S2 for short visits. The exact choice depends on your legal status and the intended length of stay.

What documents are usually required for a dependent visa application in Xiamen?

Common documents include valid passports, a copy of the sponsor's passport and residence permit or visa, an invitation letter from the sponsor, proof of family relationship (marriage or birth certificate), proof of the sponsor's legal status in China (work permit, residence permit), proof of local residence, Chinese translations of foreign documents, and notarization and authentication of foreign civil documents when required.

Do foreign marriage and birth certificates need to be legalized or notarized?

Yes, most foreign-issued marriage and birth certificates need to be notarized and authenticated (legalized) by the issuing country and the Chinese embassy or consulate, plus translated into Chinese by a certified translator. Local practices may vary, so confirm with the Xiamen exit-entry office before completing the full authentication process.

Can dependents work in China?

Dependents holding S or Q visas do not automatically have work rights. To work legally, a dependent must obtain the appropriate work permit and have the residence permit updated to reflect employment. Employers usually handle the Z visa and work permit process for new hires who are dependents.

How long does the visa process take in Xiamen?

Processing time varies by consulate and local exit-entry office. Visa issuance from a Chinese consulate abroad can take several working days to a few weeks. Local residence-permit conversion after arrival typically requires submission within a set timeframe (commonly 30 days) and can take several working days to a few weeks. Expect additional time for document notarization, authentication, translations, and medical checks.

What happens if a dependent's visa application is refused?

If an application is refused, the refusal notice should indicate reasons and whether an appeal or administrative review is possible. Reapplication with corrected or additional documentation is common. A lawyer can help evaluate the refusal reasons, prepare a stronger application, or pursue remedies if administrative procedure rights were not respected.

Can a dependent convert from a short-term visa to a long-term residence permit while in China?

Conversion is possible in some circumstances. For example, S1 or Q1 entrants often apply for a long-term residence permit after arrival. Rules require you to apply within a specified period and may include medical examinations, biometric data collection, and proof of sponsor status. Converting directly from a short-term tourist visa to a long-term residence permit without the correct basis is generally difficult and may require leaving China to apply through the consulate.

Can children of foreign staff attend school in Xiamen while on a dependent visa?

Yes. Children of foreign nationals in China commonly attend international schools or eligible local schools. Enrollment requirements vary by school. For long-term residents, a residence permit for the child and relevant documentation will be needed. Public schools have different policies, and schooling decisions can affect visa and residence-permit procedures.

How does divorce affect a dependent visa in Xiamen?

Divorce can affect a dependent's right to reside in China if the dependent's status is tied to the sponsor. If the sponsor is the basis for the dependent visa or residence permit, the dependent may need to change visa category, leave China, or apply for a different type of permit. Legal and immigration advice is important to protect custody, residence, and other rights during and after divorce.

Can a dependent apply for permanent residence in China?

Applying for China permanent residence is difficult and subject to strict eligibility criteria, such as significant investment, special contribution, or long-term lawful residence with good tax and social-contribution records. Family relationships alone rarely confer automatic eligibility. If permanent residence is a goal, consult an experienced immigration lawyer to evaluate eligibility and prepare evidence.

Additional Resources

Useful bodies and resources to consult when handling dependent visa matters in Xiamen include:

- Xiamen Exit-Entry Administration Bureau and local Public Security Bureau Entry-Exit Division for local procedures and appointments.

- National Immigration Administration and official government publications for national visa and residence regulations.

- The Chinese embassy or consulate in your home country for visa application procedures and document legalization rules.

- Local notary offices and consular legalization services for document notarization and authentication.

- Certified translators familiar with immigration documents.

- Accredited immigration lawyers and law firms with experience in Chinese immigration and family-relations matters. When selecting a professional, check credentials, client reviews, and whether they are registered to practice in China.

Next Steps

If you need legal assistance with a dependent visa in Xiamen, consider the following practical steps:

- Confirm the correct visa category based on the sponsor's status - S1/S2 or Q1/Q2 are most common.

- Make a document checklist early - passport copies, sponsor documents, marriage or birth certificates, notarization and authentication, Chinese translations, proof of residence, invitation letters, and sponsor work or study permits.

- Contact the Xiamen exit-entry authorities or the nearest Chinese consulate to confirm current local requirements and appointment procedures.

- If documents require notarization and authentication, start that process early - it can take time in some countries.

- If you face refusal, overstay, or complex circumstances (divorce, custody issues, permanent-residence planning), schedule a consultation with an immigration lawyer experienced in Chinese law. Prepare an information packet with all documents and correspondences to make the consultation efficient.

- When choosing a lawyer, verify experience in immigration and family law, ask about fees and estimated timelines, and seek a written engagement letter outlining services and costs.

Rules and procedures change. Early preparation, careful documentation, and prompt local confirmation will reduce delays and increase the chances of a successful outcome. If in doubt, seek qualified legal advice in Xiamen to protect your rights and to ensure compliance with Chinese immigration law.