IMPACT – MEDIUM

What is the change? China has lifted visa requirements for nationals of the United Arab Emirates.

What does the change mean? UAE nationals are now able to travel to China for short-stay business, tourism or to visit family without first obtaining a visa. Visa-free entry will be valid for stays of up to 30 days.

  • Implementation time frame: Ongoing. The change took effect in January.
  • Who is affected: UAE nationals traveling to China.
  • Impact on processing time: The change will save travelers the time it takes to obtain a visa prior to traveling.
  • Business impact: Business travelers are among those covered by the arrangement.

Background: Even before the change, the UAE allowed Chinese nationals to visit the UAE for 30 days without first obtaining a visa. Chinese officials have now lifted visa requirements for UAE nationals, saying it will help boost business and tourism between the two countries.

BAL Analysis: The visa arrangement will ease travel for UAE nationals traveling to China for business, tourism or to visit families. Travelers should note that work activities require work authorization.

This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

What is the change? Angola and China have reached an agreement to provide preferential visit visas to each other’s nationalities.

What does the change mean? The arrangement is expected to significantly improve visa procedures and allowances for Angolan and Chinese nationals traveling to each other’s countries.

  • Implementation time frame: Approximately Feb. 14; the agreement will go into effect 30 days after each country confirms it by completing all required country-specific legal formalities. 
  • Who is affected: Angolan and Chinese nationals traveling to each other’s countries.
  • Impact on processing times: The agreement has yet to be published, so the details are not yet known. However, it is anticipated that the agreement will require visit visas to be issued within five working days of the application date. Processing times are expected to be further reduced by eliminating the number of visa renewals that Angolan and Chinese nationals may require and by extending the number of permissible activities that can be undertaken on the basis of a visit visa.
  • Business impact: Affected business people who travel regularly between Angola and China will save time and money because it is expected that they will have to apply for visas no more than once a year. It is also expected that Angolan or Chinese nationals will be allowed to undertake limited work activities in each other’s countries on the basis of a visit visa. 

Background: Angola has been China’s largest trading partner in Southern Africa since 2007 and the agreement was signed this week in Luanda as part of a four-country African trip by China’s Foreign Affairs Minister Wang Yi. Although the details have yet to be published, the agreement is expected to mirror other such visa facilitation agreements that Angola has signed with other countries, and include the following benefits:

  • Angola and China will issue multiple-entry visit visas with a validity of 12 months to nationals from each other’s countries.
  • Visit visas should be issued within five working days of the application submission date.
  • Visitors will be allowed to remain in Angola or China for up to 90 days (consecutive or cumulative) per 180-day period.
  • Although foreign nationals are ordinarily not permitted to undertake any remunerated activity in Angola or China if the sole immigration document secured is a visit visa, visitors will be allowed to:
    • Undertake market research.
    • Develop exploratory contracts of a commercial or similar nature.
    • Conduct negotiations of investment projects.
    • Assemble equipment in country.
    • Provide technical assistance in country.
    • Speak at conferences or training facilities.

BAL Analysis: It is anticipated that the change will facilitate business travel and reduce the inconvenience of having to apply for a work visa in certain circumstances and a visit visa as frequently as required under the current visa regimes of both countries. BAL will continue monitoring developments and will update clients when an implementation date is announced or visa issuance begins.

This alert has been provided by the BAL Global Practice group. For additional information, please contact africa@bal.com.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Chinese central authorities have announced guidelines to ease rules for the Foreign Talent (R) visa for high-level foreign professionals in science, international enterprises and other high-demand fields to develop the economy.

What does the change mean? The guidelines will allow qualifying professionals to obtain multiple-entry Foreign Talent visas of up to 180 days per stay with a validity of five or 10 years, and spouses and children would be eligible for the same visas. Applications may be filed online processed in five working days. Chinese authorities say the processing fee will be waived.

  • Implementation time frame: To be determined.
  • Visas/permits affected: R Foreign Talent visas.
  • Who is affected: High-level foreign professionals.
  • Impact on processing times: An expedited processing time of five working days (instead of the current 10 days) would apply.
  • Business impact: The changes will provide greater flexibility for individuals who qualify as high-level foreign talent and are intended to attract more top international talent to China.
  • Next steps: Local authorities will need to implement the guidelines, define which skills qualify as “high level talents” and refine their procedures.

Background: The guidelines were issued jointly by three central authorities—the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security—and are intended to attract “top scientists, international enterprises and other talents with specific high-level skills that are in need in the development of the economy and society of China.”

Individual provinces are expected to implement the central authorities’ guidelines by clarifying definitions, criteria and procedures.

In Shanghai, for example, foreign “high-level professionals” are currently defined as being famous award winners or nominees, renowned experts or scholars with outstanding talent, outstanding professionals within an organization, or others with special talents or possessing skills deemed to be in shortage in Shanghai.

BAL Analysis: The guidelines will benefit top foreign professionals, especially in science, technology and other innovative fields, allowing faster processing, longer visits, and more flexibility for family members. BAL is following this development and will report further details as they become available.

This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Chinese Embassy in Copenhagen has introduced a pilot program requiring that some visa applicants attend an in-person interview as part of the application process.

What does the change mean? About 10 to 20 percent of applicants will be selected randomly for interviews during the trial period. The pilot program will continue for a short time and could lead to a permanent requirement later.  

  • Implementation time frame: Immediate.
  • Visas/permits affected: Chinese visas.
  • Who is affected: Individuals applying for Chinese visas in Denmark.
  • Impact on processing times: The interview will add another step in the process for those who are selected to be interviewed.
  • Business impact: Foreign employees should be prepared to appear in person to attend an interview if they are selected.

BAL Analysis: The change follows similar requirements recently introduced by Chinese embassies in other locations, including interviews for Z work visa applicants in London and mandatory biometrics appointments in Sweden.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Immigration authorities in China will soon begin requiring applicants for work permit renewals to submit their applications between 90 and 30 days before the date when their initial work permit expires.

What does the change mean? Once the change is implemented, applicants for work permit renewals must submit their applications within the 90- to 30-day window. Those who fail to do so will be required to submit a new work permit application. Currently, work permit renewals are accepted up to the date on which work permits expire.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Work permit renewals.
  • Who is affected: Employers and foreign nationals renewing their work permits. BAL has been notified that the change will be implemented in Beijing, Shanghai and Shenzhen and that it is expected to be implemented across the country.
  • Impact on processing times: Applicants who miss the filing window will be required to submit a new work permit application, a procedure that is significantly longer (sometimes as long as three to five months) than the work permit renewal process.

BAL Analysis: Employers and foreign nationals should take note of the new filing procedures for work permit renewals. Applicants who miss the 30-day cutoff will be forced to submit a new work permit application, a more complicated and time-consuming process then completing a renewal application.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Chinese consulates across the United States are strictly enforcing photo specifications for visa applications.

What does the change mean? Visa applicants should be sure to follow proper photo specifications when submitting applications. Those who fail to do so risk having their application rejected or unnecessarily delayed.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: All Chinese visas.
  • Who is affected: Foreign nationals applying for visas at Chinese consulates in the U.S.
  • Impact on processing times: Visa applications may be unnecessarily delayed if applicants do not adhere to the photo guidelines.

Background: BAL has seen an increase in enforcement at Chinese consulates in the U.S., including some cases where applications have been rejected solely because photos do not meet the required specifications.

At U.S. consulates, photos must be in color and taken in the last six months. Digital photos should be between 354 pixels (width) by 472 pixels (height) and 420 pixels (width) by 560 pixels (height). Paper photos should be 33 millimeters by 48 millimeters. The applicant’s face should be centered in the photo with all features clearly visible, and the background should be “white or close to white” with no borders around the edge. Eyeglasses are permitted, but not glasses that are tinted or otherwise obscure the eyes. Head coverings are allowed only for religious purposes and must not obscure the applicant’s face. A complete list of the specifications is available here.

As BAL reported in March, photo specifications vary depending on the country where the foreign national is submitting an application and are likely to be different for applicants applying outside of the U.S.

BAL Analysis: Those with questions about photo specifications should contact BAL or the embassy, consulate or visa center where they are submitting their visa application.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Dalian has introduced “4 New Policies” aimed at easing processing and reducing barriers to foreign business travelers and expatriate workers.

Key changes:

  • Faster processing. Processing times will be cut for nine categories of high-level foreign professionals. Visas and temporary stay permits will processed in three business days (previously seven business days) and long-term resident permits will be processed in five business days (previously 15 business days).

The nine categories are:

  1. Foreign experts selected for the China or Liaoning Province high-level talent program or the high-level foreign expert program.
  2. Foreign experts who are issued an “Overseas Outstanding Expert Certificate” by the Dalian Labor Bureau.
  3. Foreign experts who are issued a “Xinghai Friendship Award” by the Dalian municipal government.
  4. Foreigners who are named an “Honorary Citizen of Dalian” by the Dalian municipal government.
  5. Foreign personnel whose annual tax payment surpasses 300,000 yuan (about US$43,500).
  6. High-level managerial professionals who are legal representatives, investors, general managers or  vice general managers of a “Top 100 Tax Payment Enterprise.”
  7. High-level managerial professionals who are legal representatives, investors, general managers or  vice general managers of an “Outstanding Foreign-Invested Enterprise”
  8. High-level managerial professionals who are legal representatives  investors, general managers or vice general manager of a “Fortune Top 500 Enterprise” in Dalian city.
  9. “Class A type enterprise registered in the Dalian Public Security Bureau.”  
  • Residence permit validity. Seven categories of high-level foreign professionals will enjoy a longer initial residence permit validity of one to five years. (Previously, the maximum validity was one year, renewable annually). The seven categories are categories 1 through 7 above.
  • Port visas. Foreign visitors who have been invited to Dalian for urgent business travel, such as for engineering repair, will be able to apply for a port visa at three new units (Exit-Entry Bureau, Jinpu New Area, High-Tech Industrial Zone). Dalian authorities will also honor port visa applications from foreigners who entered through the ports of Beijing, Shenzhen or Guangzhou.
  • Longer visa-free stays for transiting travelers. Dalian will extend visa-free stays for transiting travelers from 72 hours to 144 hours. The visa-free stays are available to nationals of 51 countries and will be extended to allow visits throughout Liaoning Province instead of only Shenyang city and Dalian city.

BAL Analysis: Dalian is following the trend in other Chinese cities, including Beijing and Shanghai, of introducing immigration reforms and reducing red tape to attract business, tourist and investment.

This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Effective immediately, employees applying for Z work visas no longer need an invitation letter from Chinese authorities in order to apply at a Chinese embassy or consulate.  

What does the change mean? The removal of this step should help shorten the preapproval stage, which can take around three months.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Z work visas.
  • Who is affected: Companies sponsoring foreign nationals for Z work visas.  
  • Impact on processing times: Overall document preparation timelines should improve by about one week, as the normal processing time for invitation letters was five business days.
  • Business impact: Work visa applicants will no longer need to wait for Chinese authorities to issue an invitation letter.

Background: Previously, foreign employees were required to apply for a Notification Letter of a Foreigner’s Work Permit (Alien/Expert Employment License) from the Chinese labor bureau and then apply for an invitation letter from Chinese authorities. Under the new policy, they still must obtain the notification letter but will no longer need to apply for an invitation letter before submitting their visa application.

BAL Analysis: China continues to introduce policies that streamline processes and create uniformity among jurisdictions as it rolls out the new work authorization procedures and online management system. The elimination of the invitation letter requirement is a welcome step that should reduce some of the administrative burden in obtaining preapproval of work visas.

This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? Beginning April 1, China will roll out revamped work authorization procedures.

What does the change mean? Work permits will be classified into three types (A, B and C), and an online management system will be introduced.

  • Implementation time frame: April 1.
  • Visas/permits affected: Employment permits.
  • Who is affected: Employers sponsoring foreign nationals on employment permits.
  • Impact on processing times: Overall processing timelines may be longer because of additional document requirements.
  • Business impact: The system will streamline the process, but in the short-term businesses should anticipate delays.
  • Next steps: BAL is working with companies to register with the online system, a prerequisite to applying for work authorization.

Background: The new procedures have been piloted in 10 cities and provinces since November 2016 and introduce a points-based framework and simplification of work authorization categories. Category A is for high-level foreign experts in science, high tech and special talent; category B is for market-demand talent; category C is for temporary/service market foreign employees. Applicants will be scored based on their age, salary, education, Mandarin language skills, work location and duration, and other factors such as working in remote areas.

BAL Analysis: Companies should complete registration of their online account if they have not already done so. In addition to planning for potential delays during the transition, employers should anticipate longer document-preparation timelines due to new rules on obtaining legalization of supporting documents.

This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – LOW

What is the change? Chinese embassy and consulate officials in some countries are strictly enforcing photo specifications for visa applications.

What does the change mean? Visa applicants should be sure to follow proper photo specifications when submitting applications. Those who fail to do so risk having an application unnecessarily delayed.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Chinese visas.
  • Who is affected: Foreign nationals applying for Chinese visas at an embassy, consulate or visa center.
  • Impact on processing times: Visa applications may be unnecessarily delayed if applicants do not adhere to the photo guidelines.

Background: Photo specifications vary depending on the country where the foreign national is submitting an application.

In India, for example, photos must be in color, taken in the last six months and submitted on 35- by 45-millimeter glossy paper. The applicant’s face should cover 80 percent of the photograph. The background must be white and the applicant should not be wearing white clothes. Eyeglasses are permitted, but not thick-rimmed or tinted glasses.

BAL has noticed the strict enforcement of photo specifications at the embassies and consulates in India and Singapore in particular, but applicants should be sure to follow photo specifications no matter where they are applying.

BAL Analysis: Those with questions about photo specifications should contact BAL or the embassy, consulate or visa center where they are submitting their visa application.

This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.