What should I do if the police station does not apply for a temporary residence permit? How to file

Administrative reconsideration refers to an administrative act in which a citizen, legal person or other organization is dissatisfied with a specific administrative act taken by an administrative entity, believes that the specific administrative act of an administrative entity infringes upon its legitimate rights and interests, and submits an application for reconsideration to the statutory administrative reconsideration organ in accordance with the law, and the administrative reconsideration organ conducts a review of the legality and appropriateness of the specific administrative act in accordance with the law, and makes an administrative reconsideration decision. It is a method for citizens, legal persons or other organizations to resolve administrative disputes through administrative remedies.

Application and Acceptance.

a) Application. Administrative reconsideration is based on an application. It is premised on the fact that the administrative counterpart takes the initiative to file an application, that is, if the counterpart does not file an application, the administrative reconsideration organ cannot take the initiative to take jurisdiction. According to the provisions of the Administrative Reconsideration Law, an application for reconsideration shall meet the following conditions:

2.There is a clear respondent.

3.There is a specific request for reconsideration and a factual basis.

4.It is within the scope of applying for reconsideration.

5.It is within the jurisdiction of the organ accepting the reconsideration.

6.Other conditions stipulated by laws and regulations. In accordance with Articles 9 and 16 of the Administrative Reconsideration Law, an application for reconsideration must also meet the following procedural conditions:

1).Apply for reconsideration within the statutory time limit. (2).

Where the applicant files a lawsuit with the people's court and the people's court has already accepted it in accordance with law, the applicant must not apply for reconsideration.

2) Acceptance. After the applicant submits an application for reconsideration, the administrative reconsideration organ shall examine the application for reconsideration. There are four main items to be reviewed:

1.Whether the application meets the conditions stipulated by laws and regulations.

2.Whether the application is a duplicate application.

3.Whether the case has been accepted by the people's court.

4.Whether the application procedures are complete.

After examining the application for reconsideration, the deliberative organ shall, within 5 days from the date of receipt of the application, handle the application for reconsideration as follows: If the application for reconsideration meets the statutory requirements, it shall be accepted. Where an application for reconsideration meets other legally-prescribed requirements, but is not accepted by that administrative organ, the applicant shall be informed to submit it to the relevant administrative organ.

Where the application for reconsideration does not meet the statutory requirements, a decision is made not to accept it, and the reasons and corresponding handling methods are to be informed, rather than simply being dismissed.

The legal provisions are as follows:

1.Where citizens, legal persons, or other organizations feel that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for reconsideration within 60 days of becoming aware of the administrative act, either in writing or orally.

2.Under normal circumstances, the applicant reconsiders the application in advance to the administrative department at the next higher level, because it is difficult to elaborate on it without you specifying it.

3.After receiving the application, the reconsideration organ shall conduct a review within 5 days and make a decision on whether to accept it. For those who do not reply or do not accept the case, they may file an administrative lawsuit with the people's court in accordance with law within 15 days from the date of receipt of the decision not to accept the case or the date of expiration of the administrative reconsideration period.

If you want to reconsider, the process is roughly as follows: take the administrative penalty decision of the county public security bureau as an example): one is to submit the application to the public security bureau of the city where the county is located, and the other is to submit the application to the local county people.

There are two specific operation methods: first, you prepare three copies of the application for reconsideration, the original specific administrative act (the penalty decision of the Public Security Bureau), the identity certificate or the legal person certificate, and send these materials to any of the legal institutions of the first two organs (**generally called the Legislative Affairs Office of XX County, and the Legal Affairs Department of the Public Security Bureau of the XX City Public Security Bureau) for the public security), waiting for a reply; The other is to directly find one of the above two units, find the staff to ask for reconsideration, it is best to bring materials, although the law stipulates that you can apply orally and do not charge, but the general staff will ask you to provide materials, so that the expression is clearer, now some places to engage in information disclosure, you can apply by fax, online application, etc., you have to see the **! The police station you mentioned belongs to the subordinate organs of the Public Security Bureau, so you can refer to them in turn!

If the police station does not apply for a residence permit, you can also go to the police station under the jurisdiction of the police station to handle it. For those who meet the requirements for handling residence permits, the public security organs shall make and issue residence permits within 15 days from the date of acceptance; In remote areas, areas with inconvenient transportation, or due to special circumstances, it is not possible to produce and issue residence permits on time, local people** at or above the districted city level may extend the time limit for production and issuance in the implementation measures, but the extension shall not exceed 30 days at most. The process of applying for a temporary residence permit is as follows:

1. Applicants need to prepare relevant personal information, such as their identity documents, household registration book or rental agreement, real estate certificate and other materials;

2. According to the applicant's own situation, the relevant personnel will lead the relevant personnel to the public security police station in the place of residence for processing.

If they are temporarily residing in a resident's home, they can apply for a temporary residence permit by bringing the household registration book of the head of the household to the public security police station of the place of temporary residence or the management station entrusted by him/her; If you are temporarily residing in an organ, army, enterprise, or public institution, or in a construction site or factory, you usually need to register the temporary resident in your unit and then apply for a temporary residence permit at the public security police station in the place of temporary residence.

Legal basis] Interim Regulations on Residence Permits

Article 9: To apply for a residence permit, they shall submit their resident identity card, photograph of themselves, and supporting materials such as their address, employment, and education to the public security police substation for their place of residence or a community service organization entrusted by the public security organs.

Proof of residential address includes housing lease contract, housing property right certificate, housing purchase contract, or accommodation certificate issued by the housing lessor, employer, and school, etc.; Employment certificate includes industrial and commercial business license, labor contract, labor relationship certificate issued by the employer or other materials that can prove legal and stable employment, etc.; Proof of enrollment includes student ID card and other materials issued by the school that can prove continuous study.

Minors under the age of 16 and the elderly and disabled persons with reduced mobility may have their guardians or close relatives apply for residence permits on their behalf. Where guardians or close relatives handle it on their behalf, they shall provide the lawful and valid identity documents of the client or agent.

The applicant and the issuer of the certification materials shall be responsible for the authenticity and legitimacy of the certification materials specified in this article.

Where the application materials are incomplete, the public security police substation or community service organization entrusted by the public security organs shall inform the applicant of the materials that need to be supplemented at one time.

For those who meet the requirements for handling residence permits, the public security organs shall make and issue residence permits within 15 days from the date of acceptance; In remote areas, areas with inconvenient transportation, or due to special circumstances, it is not possible to produce and issue residence permits on time, local people** at or above the districted city level may extend the time limit for production and issuance in the implementation measures, but the extension shall not exceed 30 days at most.

If the local agency established by the ** work department in accordance with the law is not satisfied with the specific administrative act made in its own name in accordance with the provisions of laws, regulations or rules, it shall apply for administrative reconsideration to the department that established the dispatched agency or the local people at the same level of the department. Therefore, if you are not satisfied with the decision of the public security police station, you should apply for administrative reconsideration to the public security bureau of the district or county where it was dispatched, and you can also apply to the people of the district or county for administrative reconsideration.

At present, some first-class work departments, in accordance with the provisions of relevant laws, regulations and rules, have set up some dispatched agencies, such as: public security police stations, tax offices, industrial and commercial offices, etc. Although they are all dispatched agencies, not all of them have the power to make specific administrative acts in their own name, let alone in any respect, they have the power to make specific administrative acts in their own name.

For example, some tax offices dispatched by the tax bureaus of cities and counties have the right to exercise the power of collecting taxes in their own name, but some tax offices have no right to impose penalties in their own names for violating the tax collection and management law.

1. Scope of administrative reconsideration.

Citizens, legal persons and other organizations that are dissatisfied with the following specific administrative acts may apply for administrative reconsideration:

1) Refusing to accept administrative punishment decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, or other administrative punishment decisions;

2) Refusing to accept administrative compulsory measures taken by administrative organs such as restricting personal liberty or sealing, seizing, or freezing assets;

3) Refusing to accept the decision made by the administrative organ on the alteration, suspension or revocation of permits, licenses, qualification certificates, qualification certificates and other certificates;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership or use right of natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;

5) Believing that the administrative organ has infringed upon the legitimate right to operate independently;

7) Where it is found that an administrative organ has illegally raised funds, collected property, apportioned expenses, or illegally demanded the performance of other obligations;

8) Where it is found that the statutory conditions are met, and the administrative organ applies for the issuance of permits, licenses, qualification certificates, qualification certificates, and other certificates, or applies to the administrative organ for examination and approval and registration of relevant matters, but the administrative organ does not handle it in accordance with law;

9) Where an application is made to an administrative organ to perform a statutory duty to protect personal rights, property rights, or the right to education, but the administrative organ fails to perform it in accordance with law;

10) Where an application is made to an administrative organ for the issuance of a pension, social insurance or minimum subsistence allowance in accordance with law, but the administrative organ fails to issue it in accordance with law;

Citizens, legal persons, or other organizations that are dissatisfied with the following matters cannot apply for reconsideration in accordance with this Law, and shall handle it in accordance with the provisions of relevant laws and regulations:

1) Those who are dissatisfied with the administrative punishment or other personnel handling decisions made by the administrative organs shall file appeals in accordance with the provisions of relevant laws and administrative regulations;

2) Dissatisfied with the mediation or other disposition of civil disputes made by administrative organs, apply for arbitration or file a lawsuit with the people's court in accordance with law.

1. The materials required for the application for a residence permit are:

1) My resident ID card or identity certificate issued by the public security police station of my hometown, and 1 recent one-inch (background color is white background) color bareheaded standard**.

2) If you live in a resident's home or rental house, you should submit the household registration book or resident ID card (copy is sufficient) of the owner of the household (house) and the housing lease contract;

3) If you buy a house by yourself, you will issue proof of house purchase; For those who live in the unit, the unit shall issue a certificate or provide the "Household Registration Book" of the unit, and women of childbearing age shall provide the "Certificate of Marriage and Childbirth of the Floating Population".

2. Handling steps:

1) Fill in the "Temporary Resident Registration Form".

2) Submit the original and photocopy of ID card, marriage and childbirth certificate of floating population, etc.

3) Submit 2 special **2 temporary residence permits (taken in the photo studio designated by the Public Security Bureau).

The temporary residence permit has now been converted to a residence permit. The things you need to apply for a residence permit are ID cards, two of your own **, the landlord's household registration book and ID card, it is best to go together, go to the civil affairs bureau in your area, and register on the line. A total of 5 yuan for the cost of production, you will not pay more, and using your friend's household registration book will not have any effect on him, just to indicate that your temporary address is his home.

Persons who need to apply for a residence permit: Persons temporarily residing in government agencies, groups, troops, enterprises, public institutions, construction sites, and work sheds, and the retention unit shall report to the police station of the place of temporary residence for temporary residence registration. Persons temporarily residing in a rented house shall be led by the owner or by themselves with the owner's household registration booklet, "Housing Rental Permit" and "Housing Rental Safety Certificate", and report to the police station of the place of temporary residence for temporary residence registration.

Persons temporarily residing in hotels, restaurants, guest houses and other hotel establishments shall be registered for accommodation by the store; For those who should apply for a "Residence Permit", the store shall apply for a "Residence Permit" from the public security organ.

According to Article 9 of China's "Interim Regulations on Residence Permits", to apply for a residence permit, you shall submit to the public security police station of your place of residence or a community service organization entrusted by the public security organ 1, your resident ID card, 2, your photo 3, your address, employment, education and other supporting materials.

1. Where a unit recruits temporary residents and provides accommodation, the recruiting unit shall report to the public security police station or temporary resident population service management station at the place of temporary residence. 2. If a temporary resident rents a house, the lessor shall report to the public security police station or temporary resident population service management station at the place of temporary residence.

How to apply for a temporary residence permit?