I am from France and married to a Vietnamese woman. We got married in my homeland but are currently working and residing in Vietnam. Our son holds a five-year Vietnamese visa but is only allowed to stay in Vietnam for 90 days. May I apply for a temporary residence card for him and what is the validity duration of such a card? What procedures will I be required to carry out?
According to the information you provide and relevant regulations, we understand that the “five-year” visa you mention is a visa exemption paper for foreigners being children of Vietnamese citizens (visa exemption paper) (under the 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (the Law) and Government Decree 82 of September 24, 2015, prescribing visa exemption for overseas Vietnamese and foreigners who are spouses or children of overseas Vietnamese or Vietnamese citizens (Decree 82)).
According to Article 10.1 of Decree 82, a person entering Vietnam with a visa exemption paper will be granted by an immigration control unit a six-month temporary residence certificate for each entry. If the visa exemption paper remains valid for under six months, the validity duration of the temporary residence certificate is the same as that of the visa exemption paper. In your case, your son’s visa exemption paper remains valid for over six months so you may carry out the procedures to apply for extension of his temporary residence duration under Article 10.2 of Decree 82. In general, a person entering Vietnam with a visa exemption paper who wishes to stay for over six months, is guaranteed by an agency, organization or individual in Vietnam, and has a plausible reason for stay, may be considered and allowed to stay for another six months.
As per the Law, a foreigner who holds an LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ or TT visa may be granted a temporary residence card bearing the same symbol. Therefore, you have to apply for your son’s visa first before applying for a temporary residence card. However, since your son is still holding a visa exemption paper, you may only apply for a visa for him once his visa exemption paper expires.
|Duong Hoang Thanh Hieu, 44, and her French husband, Viennot, 40__Photo: Internet|
In addition, among all types of visa eligible for consideration for grant of temporary residence card, only TT visas will be granted to foreigners who are parents, spouses, under-18 children of foreigners holding LV1, LV2, ĐT, NN1, NN2, DH, PV1 or LĐ visas, or foreigners who are parents, spouses or children of Vietnamese citizens. Therefore, your son may be considered for grant of a visa and a temporary residence card in the following two cases:
• Upon your eligibility if (i) he is under 18 years old; (ii) you have been granted an LV1, LV2, ĐT, NN1, NN2, DH, PV1 or LĐ visa; or
• Upon your wife’s eligibility as she is a Vietnamese citizen.
Since your son is eligible for grant of a TT visa with validity duration of up to 12 months, we suggest you consider applying for a visa and a temporary residence card for him under Article 9.4 of the Law. To apply for a temporary residence card for your son, you have to (1) apply for a visa for him and (2) prepare a dossier of application for a temporary residence card.
To apply for a visa, you may directly file to the Immigration Management Department a written application made according to Form No. NA3 provided in Ministry of Public Security Circular 04 dated January 5, 2015, prescribing document forms for foreigners’ entry in, exit form, and residence in Vietnam. Once such file is approved for a TT visa, you may apply for a temporary residence card for your son.
(2) A dossier of application for a temporary residence card must comprise:
- A surety for the grant of a temporary residence card (made according to Form No. NA7 provided in Circular No. 31/2015/TT-BCA);
- A declaration form for grant of a temporary residence card for a foreigner in Vietnam (made according to Form No. NA8 provided in Circular No. 31/2015/TT-BCA);
- The applicant’s passport;
- Two photos (3 cm x 4 cm), one stuck to the declaration form, one left loose.
- Papers proving the eligibility for grant of a temporary residence card.
The dossier must be sent to the Ministry of Public Security’s Immigration Management Department. Within five working days after receiving a complete dossier, the immigration management agency will consider granting a temporary residence card.-