According to the Nationality Law of the People's Republic of China, a foreign spouse must submit an active application to and obtain approval from the Ministry of Public Security to acquire Chinese nationality; it is not granted automatically upon marriage.

I. Legal Basis

Article 7 of the Nationality Law: Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws may apply for naturalization if they are "close relatives of Chinese nationals"; this applies to foreign spouses and confers eligibility only, not automatic approval. Article 8: Persons approved for naturalization shall not retain foreign nationality.

II. Common Prerequisite: Obtain Permanent Residence First

The Nationality Law does not explicitly mandate prior permanent residence; however, in its official reply, the National Immigration Administration clarified that "proof of domicile in China" refers to the Foreigner's Permanent Residence Identity Card, which is universally required as a substantive prerequisite by local public security authorities when accepting spousal naturalization applications.

Conditions for permanent residence under the family reunion category (Article 6.5 of the Measures): Marriage lasting at least 5 years; continuous residence in China for at least 5 years; residing in China for no less than 9 months per year; and having stable residence and means of livelihood.

The statutory or committed processing time for permanent residence is typically 180 working days. Some localities impose stricter requirements; please refer to the accepting authority for specifics.

III. Naturalization Process

Acceptance: Exit-entry administration department of the public security bureau at the prefecture-level city where the Chinese spouse is registered.

Approval: Ministry of Public Security.

Materials: Application form for naturalization; voluntary declaration (renouncing original nationality); valid passport and translation; marriage certificate; permanent residence card; domestic and overseas criminal record checks; health certificate; proof of financial stability and legal residence; evidence of marital genuineness; Chinese spouse's ID card and household register; recent bareheaded photos; other materials required by the accepting authority.

Post-approval: Collect the Certificate of Naturalization of the People's Republic of China → Complete withdrawal from original nationality within the timeframe required by the local authority (commonly within 6 months of receiving the certificate; proof requires authentication and translation) → Register household residence.

IV. Key Reminders

Duration: Minimum 5 years from marriage to obtaining permanent residence; many localities require continued residence after obtaining permanent residence. The entire process often exceeds 8 years.

The marriage must be genuine; sham marriages will result in rejection and legal liability.

Confirm the latest requirements with the exit-entry administration department of the public security bureau at the Chinese spouse's place of registration or call 12367 prior to application.

Shaanxi Foreigners Service Platform reminds you: Implementation standards vary by locality. Please consult the local public security exit-entry administration department before applying, or contact us via direct message.

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