On the Construction of Foreigners’ Permanent Residence Legislation in China: A Comparative Perspective from U.S. Permanent Residence Law

With China’s sustained economic growth and accelerated internationalization, an increasing number of foreigners are coming to work and live in the country, placing higher legal demands on the management of permanent residency for foreign nationals. However, China’s existing legal framework for permanent residency remains inadequate, facing challenges such as limited legislative objectives, unclear eligibility standards, and gaps in legal provisions. In contrast, the U.S. permanent residency system is comprehensive, well-structured, and highly developed, offering valuable insights for China’s legislative improvements. Given China’s relatively limited legislative and practical experience in immigration management, it is essential to develop a comprehensive and systematic framework for foreign permanent residency that aligns with national conditions. This requires a shift in legislative thinking, the clarification and refinement of eligibility criteria, and the timely enactment of the Regulations of the People's Republic of China on the Administration of Permanent Residence of Foreigners. These reforms will provide clearer and more stable legal guarantees for long-term foreign residents in China, further promoting the country’s openness and international talent exchange.

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Publication Details

Journal
Advance in Law
Published
2025-01-01
DOI
https://doi.org/10.35534/al.0702016
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

On the Construction of Foreigners’ Permanent Residence Legislation in China: A Comparative Perspective from U.S. Permanent Residence Law

Feng Danyao
Advance in Law
Corporate Governance and Law
article

On the Construction of Foreigners’ Permanent Residence Legislation in China: A Comparative Perspective from U.S. Permanent Residence Law

Feng Danyao
article en

Abstract

With China’s sustained economic growth and accelerated internationalization, an increasing number of foreigners are coming to work and live in the country, placing higher legal demands on the management of permanent residency for foreign nationals. However, China’s existing legal framework for permanent residency remains inadequate, facing challenges such as limited legislative objectives, unclear eligibility standards, and gaps in legal provisions. In contrast, the U.S. permanent residency system is comprehensive, well-structured, and highly developed, offering valuable insights for China’s legislative improvements. Given China’s relatively limited legislative and practical experience in immigration management, it is essential to develop a comprehensive and systematic framework for foreign permanent residency that aligns with national conditions. This requires a shift in legislative thinking, the clarification and refinement of eligibility criteria, and the timely enactment of the Regulations of the People's Republic of China on the Administration of Permanent Residence of Foreigners. These reforms will provide clearer and more stable legal guarantees for long-term foreign residents in China, further promoting the country’s openness and international talent exchange.

Advance in LawVol. 7(2)
Guangdong University of Foreign Studies (CN)
Openalex Percentile: Top 85%
Corporate Governance and Law
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