FAQ 实务问答 · 十问

Ten questions expats actually ask

Delta Law Expat Services DeskLast verified 最后核校:2026-07

Conclusion first, then the source. Arranged along the timeline — status, home, money, legacy, exit. Where a threshold is policy-driven we say “subject to current regulations” rather than quote a number that may have moved. Deeper treatment of each topic sits in the seven guides.

先结论后依据,按人生线编排;政策性数字以现行规定为准。各题的深入分析见七篇专题。

Status 身份

1 · If I quit my job in China, how long can I legally stay?
Your residence permit rests on the job that sponsored it — once employment ends, the basis falls away and you cannot simply run out the printed date. Arrange the bridge (new employer transfer, status change, or timed departure) before resigning.
Overstaying is illegal residence: per-day fines and a record that surfaces in every future application. The details and workable bridges are in the Arrive guide.
离职后居留许可基础即消灭,应在辞职前安排好衔接;逾期停留会留下影响后续申请的记录。
Basis: Exit and Entry Administration Law《出境入境管理法》
2 · Can I do freelance or consulting work on the side while employed in China?
Not without approval — the work permit binds you to one employer and role, and paid work outside it is illegal employment, fined on both sides.
A second engagement can sometimes be legalised through a part-time filing by the additional employer. Structure first, invoice second. See the Work & Invest guide.
许可外有偿工作属非法就业;兼职应由第二雇主依规申办后进行。
Basis: Exit and Entry Administration Law《出境入境管理法》; work permit rules
3 · How do I get Chinese permanent residence (the green card)?
Four realistic routes: employment (years-in-role plus salary and tax thresholds), marriage to a Chinese citizen, investment, or talent and special-contribution channels — Shanghai facilitates recognised talent. Criteria carry real discretion; treat every specific number as subject to current regulations.
Anyone assuring you of approval is selling, not advising. What planning genuinely does: pick the right route, build the residence and tax record in advance, and file a coherent application. See the Arrive guide.
永居有任职、婚姻、投资、人才等路径,审批有裁量;「包过」说法不可信。
Basis: Regulations on Examination and Approval of Permanent Residence of Foreigners in China《外国人在中国永久居留审批管理办法》

Home & family 安家

4 · Can a foreigner buy an apartment in Shanghai?
Yes, if you clear two layers: the national one-year work/study requirement with its one self-use residence baseline, and Shanghai’s own purchase restrictions. Verify eligibility before any deposit.
Both layers shift with the property cycle, and permanent residence card holders sit in a better position. Taxes, funds inflow and the 70-year land term are covered in the Own guide.
外籍购房须同时满足全国性口径(工作/学习满一年、一套自用)与上海限购,付定金前先核资格。
Basis: Jian Zhu Fang [2006] No. 171 建住房〔2006〕171号; Shanghai purchase restriction policies
5 · I married a Chinese citizen. If we divorce, which country’s law applies?
Litigate in a Chinese court and Chinese law applies; divorce by agreement allows limited choice of law. Because matrimonial property has its own choice-of-law levers, where proceedings start often matters more than any argument made later.
Delta Law’s family department runs a dedicated cross-border practice — deepest on the China–Japan and China–Hong Kong corridors — retained directly and working with its international collaboration network. See the Settle guide and the family column.
诉讼离婚适用法院地法,协议离婚可有限选法;管辖策略往往比实体论证更重要。跨境离婚由本所接受委托、联合境外协作资源办理。
Basis: Law on the Application of Laws to Foreign-Related Civil Relations, Arts. 24–27《涉外民事关系法律适用法》
6 · Our child was born in China — one parent Chinese, one foreign. Which nationality does the child have?
In China’s eyes the child is a Chinese national, and China does not recognise dual nationality — even if a foreign passport is also available by descent. Travel documents, border crossings and school eligibility all flow from this.
The arrangements are well-established but unforgiving of improvisation — plan before the first passport application. See the Settle guide.
依《国籍法》该子女具有中国国籍且中国不承认双重国籍,证件与入学安排应提前规划。
Basis: Nationality Law of the PRC《国籍法》

Money 资金

7 · Can I legally send my Chinese salary and savings back home?
Yes — lawful, tax-paid income is remittable as a current account item; the bank reviews your employment and tax documents, not your intentions. Property sale proceeds move through a similar documented review.
What fails people is structuring: splitting transfers through friends or under thresholds, which risks watch-listing and penalties and contaminates future remittances. The framework — and where the real risks sit — is in the Money guide.
合法完税收入可凭单证汇出;拆分交易反而带来关注名单与处罚风险。
Basis: Regulations on Foreign Exchange Administration《外汇管理条例》; Measures for the Administration of Individual Foreign Exchange《个人外汇管理办法》
8 · Do I have to pay Chinese tax on my income from outside China?
Not immediately. You become a tax resident at 183 days in a year, but worldwide-income taxation for non-domiciled individuals only arrives after the six-year rule runs its course — and a single absence of more than 30 days resets the count (subject to current regulations and treaty relief).
For long-stay expats with investment income at home, this is date-arithmetic on real travel records — computable, not guessable. See the Money guide.
183 天定居民身份,「六年规则」决定境外所得是否征税,单次离境超 30 天可重置计算。
Basis: Individual Income Tax Law and Implementing Regulations《个人所得税法》及实施条例

Legacy & exit 传承与离境

9 · I own an apartment in China. Does my will from home cover it?
Chinese real estate passes under Chinese law regardless of your will’s origin, and a foreign-language will travels slowly through Chinese notaries and registries. A short China-specific will, coordinated with your main will, is the practical answer.
Without any will, spouse, children and parents inherit together in the first order — rarely what expats expect. Mainland China currently levies no inheritance tax. See the Legacy guide.
在华不动产按中国法继承;就中国资产另立一份衔接遗嘱最省事。无遗嘱时配偶、子女、父母同为第一顺序。
Basis: Civil Code, Book VI《民法典》继承编; Law on the Application of Laws to Foreign-Related Civil Relations, Art. 31《涉外民事关系法律适用法》
10 · What must I settle before leaving China for good?
Five workstreams: final tax reconciliation (before departure — unpaid tax can block exit), social insurance refund or preservation, housing fund withdrawal, permit cancellations, and a plan for anything kept behind — a managed lease for property, transfer or liquidation for a company.
The expensive mistake is the abandoned WFOE, whose penalties attach to you personally and resurface in future dealings with China. Sequence and timing are in the Depart guide.
离境前办妥个税汇算、社保公积金清算、证件注销,并为留下的房产与公司作出安排;弃管公司代价最大。
Basis: Individual Income Tax Law《个人所得税法》; Tax Collection Administration Law, Art. 44《税收征收管理法》; social insurance interim measures
Answers state general rules current at the verification date and are not legal advice on any specific case; policy-driven thresholds are subject to current regulations. 以上为核校日时点的一般规则,不构成个案法律意见。
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