Best Residence by Investment Lawyers in Xiamen
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Find a Lawyer in XiamenAbout Residence by Investment Law in Xiamen, China
China does not operate a simple, national "golden visa" program that grants residency automatically in exchange for an investment. Instead, residency for foreigners in Xiamen - as in the rest of China - is governed by national immigration laws and administrative measures, together with municipal policies and local talent or investment incentives. Foreign nationals can obtain Chinese residence through work permits, family reunion, study, or by applying for permanent residence when they meet strict criteria - including high-level talent status, long-term stable investment and tax contribution, or other significant contributions to China.
Xiamen, as a coastal city with active foreign trade and investment, often implements local incentives for foreign-invested enterprises and high-level professionals. Those local policies may offer expedited processing, temporary residence facilitation, or other benefits for targeted investors and talents. However, eligibility and benefits are decided case-by-case and must comply with national laws administered by the Exit-Entry Administration authorities and related ministries.
Why You May Need a Lawyer
Residence by investment and related immigration matters in Xiamen can be complex and fact-sensitive. A lawyer or qualified immigration specialist can help in many common situations, including:
- Structuring an investment or business entity in China to support a residence or work permit application.
- Preparing and reviewing corporate documents, contracts, shareholder agreements and capital verification records required by authorities.
- Advising whether an investor meets the criteria for permanent residence or preferred local talent programs.
- Navigating visa conversions - for example obtaining a Z visa for work and converting it to a residence permit after entry.
- Handling interactions with local Exit-Entry Administration, public security bureaus, tax authorities and commerce bureaus.
- Ensuring compliance with foreign exchange, tax and social security obligations that affect eligibility and continued lawful residence.
- Representing you in appeals or responding to requests for additional documents or interviews.
Local Laws Overview
Key legal frameworks and administrative elements that are relevant to residence by investment in Xiamen include:
- Exit-Entry Administration Law and implementing rules - these set out the types of visas and residence permits, the grounds for issuance, renewal and revocation.
- Administrative Measures for Foreigners' Permanent Residence and related guidelines - these explain the high threshold for obtaining permanent residence, including categories for investment, employment and special contributions.
- Work permit and foreign expert systems - employment-based residence normally requires approval of a work permit from competent authorities before applying for a work visa and residence permit.
- Company law, foreign investment law and local commerce regulations - the legal form and operations of a foreign-invested enterprise affect an investor's ability to live and work in China.
- Tax and social security regulations - residency status affects tax residency and social insurance obligations; local tax bureaus and human resources departments will apply those rules.
- Xiamen municipal and Fujian provincial talent and investment policies - these may offer targeted incentives, points-based talent schemes or expedited handling, but they do not override national immigration law.
Frequently Asked Questions
What is the simplest route to live in Xiamen if I plan to invest?
The most common practical route is to set up a business or work for a company in China, obtain the required work permit and then apply for a residence permit based on employment. Direct permanent residence purely for making a one-time investment is rare; permanent residence applications are tightly controlled and require meeting specific contribution, investment, tax or talent criteria.
Does buying property in Xiamen give me residency rights?
No. Purchasing real estate in China does not automatically confer a residence permit or permanent residence. Ownership of property may help support an application in some administrative contexts, but it is not a standalone basis for immigration status.
Can I apply for permanent residence in Xiamen as an investor?
Possibly, but only if you meet the strict requirements set out in the national rules and any supplementary local standards. Criteria typically include substantial and continuous investment, significant tax or employment contributions, or qualification as a high-level talent. Applications for permanent residence are discretionary and require strong documentary evidence.
What documents are commonly required for investment-related residence applications?
Typical documents include a valid passport, business registration and company documents, investment proof and bank records, tax payment certificates, employment contracts or proof of position, health check certificates, criminal background checks from home country, and any local recommendation letters or talent certificates. Exact lists depend on the application route and local office requirements.
How long does it take to get a residence permit based on work or investment?
Timelines vary. Work-permit based processes can take several weeks to a few months from work-permit approval to visa issuance and residence permit issuance after entry. Permanent residence reviews can take many months and sometimes longer due to investigative steps and discretionary approvals. Local incentives may shorten some administrative steps, but you should plan for variability.
Will I be taxed in China if I become a resident in Xiamen?
Tax residency in China depends primarily on the number of days you stay in the country and the nature of your income. If you are in China for 183 days or more in a tax year, you may be treated as a Chinese tax resident and subject to individual income tax on worldwide income, subject to double tax treaties. Seek specialist tax advice when residency is likely.
Can my family join me in Xiamen?
Yes. Dependent family members can often apply for dependent residence permits or family reunion visas based on your valid residence status. The exact category - such as S1, S2 or dependent permits - depends on length of stay and your permit type. Proof of relationship and supporting documents will be required.
Do I need to register with local police after arriving?
Yes. Foreigners holding a temporary residence permit must register their temporary residence at the local police station in the jurisdiction where they live - although residence permits issued by Exit-Entry Administration typically handle registration. Always follow the registration and reporting requirements specified in your residence permit paperwork.
How can I verify whether a local Xiamen policy or incentive applies to me?
Contact the Xiamen municipal government offices, the local commerce bureau, or the Exit-Entry Administration office for authoritative guidance. A qualified local lawyer or immigration consultant who routinely handles Xiamen cases can also confirm whether specific municipal incentives apply and what documentary proof is needed.
What are the main risks or pitfalls to watch for?
Common pitfalls include relying on incorrect assumptions that property purchase equals residency, underestimating documentation and translation needs, ignoring tax and social security obligations, using unqualified intermediaries, and failing to comply with visa duration and registration rules. Working with experienced counsel reduces these risks.
Additional Resources
For authoritative information and application handling, consult these types of organizations and offices in Xiamen:
- The Exit-Entry Administration branch of the Xiamen Public Security Bureau - for visas and residence permits.
- Xiamen Municipal Bureau of Commerce or local investment promotion agencies - for information on foreign investment policies and local incentives.
- Local tax bureau and social security bureau - for tax and social insurance rules affecting residents and employees.
- Chambers of commerce and business associations - for practical advice and referrals to reputable service providers.
- Accredited law firms and licensed immigration consultants experienced in Chinese immigration, corporate and tax law - for tailored legal advice.
Next Steps
If you are considering residence by investment in Xiamen, follow these practical next steps:
- Gather basic information - define your investment plan, intended length of stay, and whether family members will accompany you.
- Request an initial consultation with a law firm or immigration specialist experienced in Xiamen cases - ask for examples of similar cases and a clear fee estimate.
- Prepare preliminary documentation - passport, CV, proposed business plan, investment proof, and any local contacts or letters of intent.
- Verify tax and social security obligations - obtain advice so you understand ongoing compliance and costs.
- Engage a local advisor to liaise with the Exit-Entry Administration and other municipal offices - ensure applications are complete and submitted under the correct legal basis.
- Maintain records of all filings and correspondence and plan for periodic renewals or compliance checks as required by Chinese law.
Working with qualified legal counsel and contacting local authorities early will give you the best chance of a smooth process and a realistic assessment of whether an investment-based route to living in Xiamen is available for your situation.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.