China Police Certificates: Frequently Asked Questions

Q1: What are the steps for a police certificate application in China?

A: Regardless of whether you are a foreigner, Hong Kong/Macau/Taiwan resident, PRC household registration holder, or former PRC household registration holder, the police certificate application typically includes the following steps:

1. Apply to the Public Security Bureau (PSB) for the police certificate, also called a certificate of no criminal conviction. The Ministry of Public Security has published general regulations that all PSB offices must follow. However, local PSB offices have the power to make additional rules, which may be published or may be internal rules not available for public review;
2. Apply to a local notary public office for a notarized version of the police certificate; and
3. Sometimes apply to a local foreign affairs office or to the Ministry of Foreign Affairs for the police certificate to be apostilled or authenticated. For example, none is needed for the U.S. or Canada; an apostille is required for Portugal.

Q2: I’m a foreigner who lived in China. I no longer have copies of my temporary residence registration forms (TRRFs) from the police station. Is this a problem for my police certificate application.

A: TRRFs are only required as part of the police certificate application by foreigners in some cities. For example:

• Beijing: Generally, an applicant is not required to submit TRRFs. The PSB will review various types of evidence in their records to determine the period the CNCC will cover.
• Shanghai: The rule is similar to Beijing.
• Shenzhen: The PSB typically requires that an applicant submit at least one TRRF.

Q3: I Lost my foreign passport used in China. Can I still get a China police certificate?

A: Each city has its own rules about this. Some cities require the original passport. Some require a photocopy or an apostilled copy. Some cities may be satisfied if your current passport lists the passport number of the passport you used in China. Some cities just require that you provide your prior passport number. For example:

• Beijing: Generally, the prior foreign passport is not required. If you lost the ID page of your passport used in China, you just need to provide that passport number.
• Shanghai: A copy of the ID page of the passport used in China is required.
• Shenzhen: Same as Beijing.

Q4: How can I obtain a police certificate if I have changed my name?

A: It depends on the city:

• Beijing: Generally, you must provide apostilled evidence of the legal name change issued by government.
• Shanghai: You need to provide one of the following: (a) a certificate from your foreign Embassy in China or Consulate in Shanghai stating the passport(s) used in China and current passport belong to same person; (b) an apostilled affidavit stating the same thing; or (c) a passport with your new name that mentions the number of the passport with your prior name.

Q5: I am a foreigner living outside of China. Is it necessary to send my original current passport to China?

A: It depends on the city. For example:

• Beijing: You must provide the original.
• Dongguan: You must provide the original or an apostilled copy of the passport ID page.
• Shanghai: A plain copy is enough.
• Shenzhen: Same as Dongguan.

Q6: I don’t remember all the addresses where I lived in China. Is this a problem?

A: The PSB’s police certificate application form asks for the addresses where you lived, but depending on the situation, you may not need a detailed address. For example:

For foreigners:

• Dalian: The application must be filed with the PSB in the district where you resided, so you need to remember at least the district name.
• Shanghai: The municipal PSB exit-entry administration issues police certificates for foreigners who resided anywhere in the city, so it doesn’t matter if you remember the exact address where you lived.
• Shenzhen: The PSB typically requires that an applicant submit at least one TRRF, which will list your exact address.
• Tianjin: Sas as Dalian.
• Qingdao: Same as Dalian.

For PRC citizens: Usually you have apply in the police station where you currently reside or your hukou was last registered, so you need to remember the exact address where you lived.

Q7: How long is the notarial police certificate valid for?

A: The validity of the notarial police certificate depends on the rules of the country where you are applying for a visa or citizenship. For example:

USA: Under U.S. State Department rules, police certificates expire after two years, unless the certificate was issued from your country of previous residence and you have not returned there since the police certificate was issued.

Canada: The validity of the police certificate depends on the immigration program you are applying through. For example, for according to Express Entry rules, the police certificate is acceptable if:

• it was issued after the last time you stayed there for 6 months in a row or longer; and
• it is not for the country where you currently live.

Q8: Can I still get a certificate of no criminal conviction if I was detained or deported for violating China’s immigration laws?

A: Yes. The Ministry of Public Security’s regulations explain that the term a certificate of no criminal conviction can be issued unless a person was convicted in a people’s court for violation of the criminal law. So, an immigration violation as defined by the Exit and Entry Administration Law does not count as a criminal conviction.

Q9: I have lived in various cities in China. Can I get a single police certificate covering all periods I lived in China?

A:

• PRC citizen with household registration: Yes.
• Former PRC citizen with household registration: Yes.
• Foreigner: It depends which cities you lived in. For example:
  • Shanghai: A Shanghai police certificate will cover all periods PSB records show you were residing anywhere in China.
  • Shaoxing, Zhejiang Province: No.

Q10: What if my application for a police certificate is denied by the Public Security Bureau or Notary?

A: There are cases where a China police certificate is unobtainable because you don’t meet one or more of the local requirements. The United States, Canada, Australia, New Zealand, and other countries will waive the police certificate requirement upon presentation of proof that the police certificate is unobtainable. For instance:

• United States: “In the event that the immigrant establishes to the satisfaction of the consular officer that” a police clearance “is unobtainable,” the police certificate requirement may be waived. 9 FAM 504.4-4(F).
• Canada: Rules require that an applicant show proof that they requested a police certificate from the correct authorities and explain why it cannot be issued.

Unfortunately, in many situations the public security bureau and notary will not provide documentation showing that an application was made and why it was refused. Our law firm will request that the agency put this decision in writing. If the agency refuses to put the decision in writing, we will document this refusal. We will provide a declaration explaining that the police certificate has been denied, the rule that was the basis for the denial, and that the denial cannot be overcome through reasonable efforts. The declaration will be accompanied by supporting evidence, relevant Chinese rules about issuance and notarization of police certificates, and certified English translations.

Our law firm has a strong track record persuading foreign immigration authorities to waive the China police certificate requirement based on our declarations.