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:
- Foreign experts selected for the China or Liaoning Province high-level talent program or the high-level foreign expert program.
- Foreign experts who are issued an “Overseas Outstanding Expert Certificate” by the Dalian Labor Bureau.
- Foreign experts who are issued a “Xinghai Friendship Award” by the Dalian municipal government.
- Foreigners who are named an “Honorary Citizen of Dalian” by the Dalian municipal government.
- Foreign personnel whose annual tax payment surpasses 300,000 yuan (about US$43,500).
- High-level managerial professionals who are legal representatives, investors, general managers or vice general managers of a “Top 100 Tax Payment Enterprise.”
- High-level managerial professionals who are legal representatives, investors, general managers or vice general managers of an “Outstanding Foreign-Invested Enterprise”
- High-level managerial professionals who are legal representatives investors, general managers or vice general manager of a “Fortune Top 500 Enterprise” in Dalian city.
- “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.
IMPACT – MEDIUM
What is the change? China has begun issuing 10-year, multiple-entry visas to Israeli nationals traveling to China for business, tourism or to visit family.
What does the change mean? Israeli nationals may now apply for the visas. The maximum allowable duration of stay will depend on the type of visa the applicant obtains. China and Israel agreed to provide 10-year visas to travelers from each other’s countries earlier this year, and Israel recently began issuing 10-year visas to Chinese travelers as well.
- Implementation time frame: Immediate and ongoing.
- Visas/permits affected: L, M, Q2 and S2 visas.
- Who is affected: Israeli nationals applying for any of the visas listed above.
- Business impact: The longer-validity visas will ease business, tourist and other travel between Israel and China.
Background: China and Israel signed the agreement providing for the longer-validity visas in March. Document requirements for the visas listed above have not changed with the longer validity. The visas are valid for up to 10 years, but not longer than the visa holder’s passport. The visas cannot be transferred to new passports.
BAL Analysis: The 10-year, multiple-entry visas will ease travel for Israeli nationals making frequent business trips to China, as they will be able to avoid having to reapply for visas upon each entry. The allowable duration of stay will vary depending on the type of visa the applicant obtains, with the Chinese Embassy in Israel reserving the right to make final interpretations of the agreement.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 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? Shanghai has introduced a series of immigration reforms aimed at promoting the city as a technology and innovation hub.
What does the change mean? The policies reduce bureaucracy and provide more flexibility for high-level foreign talent, entrepreneurs, investors and students to work and live in Shanghai.
- Implementation time frame: Immediate. The policies were implemented Dec. 9.
- Visas/permits affected: Work visas and residence permits.
- Who is affected: Foreign professionals, investors, entrepreneurs, students, overseas Chinese and others.
- Impact on processing times: The changes reduce processing times for permanent residency for certain applicants.
- Business impact: The policies are intended to make Shanghai a more attractive destination for companies and foreign national employees and their families.
Key policies:
Foreign “high-level professionals”
Eligible high-level foreign professionals (and their spouses and dependents under 18) who are verified by the Shanghai Public Security Bureau or a related government unit, with the recommendation of the Administrative Committee of the Shanghai Zhangjiang National Innovation Demonstration Zone and Shanghai Free Trade Zone (“Two Zones”), will be able to apply for permanent residence and enjoy a shorter processing time.
Foreign talent
Foreign talent who hold a master’s degree or higher and who are invited or employed by a company from the “Two Zones” or approved by the State Council for the establishment of the “nationwide entrepreneurship, public innovation” (“Two Innovations”) demonstration zones, or by a university or the Science and Research Institute in Shanghai, may apply for a talent visa in the Shanghai port visa office directly. Those who enter China with another visa may transfer to a talent visa or residence permit after entry.
Foreign talent who fulfil a market demand and intend to apply for permanent residence, or who want to transfer from a work-type residence permit to permanent residence, will be allowed to apply together with their spouse and dependents under 18.
Hiring foreign domestic helpers
Foreign or Hong Kong/Macao/Taiwan high-level talent who obtain permanent residence or work-type residence permits may employ foreign domestic helpers who are eligible for personal affairs (S2) visas directly at the Shanghai port visa office.
Overseas Chinese
Overseas Chinese who hold a doctorate degree or higher, or who have worked in a “Two Zones” and “Two Innovations” demonstration zone continuously for four years and stayed in China for no less than six months each year, will be eligible to apply for permanent residence. The spouse and dependent under age 18 will also be eligible to apply together.
Overseas Chinese who intend to visit relatives, conduct business negotiations, conduct science, education, culture, or health exchange activities or attend to personal affairs, will be eligible to apply for multiple-entry visas valid for less than five years. Those who intend to reside in Shanghai in the long term for work, study, visiting relatives or for personal affairs, will be eligible to apply for residence permits valid for less than five years.
Foreign Investor
Foreign investors who are natural-person shareholders or legal-person shareholders or a control shareholder natural person (based on corporate-registration designations) directly investing in Shanghai, with a stable investment of at least US$1 million for three consecutive years and who also maintain a good tax payment record, will be eligible to apply for permanent residence directly. The spouse and dependent under age 18 will also be eligible to apply together.
Foreign Students
Foreign students studying at universities in Shanghai who have the approval and a reference letter from the university are eligible to apply for a study-type residence permit with the designation “entrepreneurship,” enabling them to conduct part-time entrepreneurship activities in companies of “Two Zones” and “Two Innovations” demonstration zones.
Foreign students studying outside of China and who are invited by a company in Shanghai, may apply for short-term personal affairs visas in the Shanghai port visa office marked “Internship.” Those who enter China with another visa may transfer to a short-term personal-affairs visa designated “Intern.”
Foreign students studying in primary or middle schools in Shanghai who need to enroll in school urgently with a certificate such as an Enrolment Notice may apply for a study visa (X1) in the Shanghai port visa office and transfer to a study-type residence permit. Those who enter China with another visa type may transfer to a study-type residence permit after entry.
Documents for Permanent Residence
The documents issued by authorities abroad that are required for permanent residence applications, such as police clearance/non-criminal records, marriage certificates, birth certificates, family relationship certificates, adoption certificates, etc., must be legalized by the Chinese embassy or consulate in the country where the document was issued, or the applicant may submit related documentary proof from the foreign country’s embassy or consulate in China. Previously, the second option was not available.
BAL Analysis: The changes provide greater flexibility for several categories of foreign talent to gain residency in Shanghai or convert to residence permits from an existing visa category. All applications related to the new policies will be submitted to an officer face-to-face, and each case will be individually reviewed and assessed. Applicants are encouraged to reach out to BAL for assistant and assessment before submitting their applications.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
Copyright © 2016 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? Israel has implemented a mutual agreement with China to issue 10-year multiple-entry visitor visas.
What does the change mean? Chinese nationals may now apply for the visas, which allow stays of up to 90 days per visit (no more than 180 days per year). The visa will be valid for up to 10 years but will expire six months before expiration of the traveler’s passport and cannot be transferred to a new passport. Work is prohibited and unauthorized work constitutes a criminal offense.
- Implementation time frame: Immediate and ongoing.
- Visas/permits affected: B/2 visitor visas.
- Who is affected: Chinese nationals applying for Israeli visitor visas.
- Impact on processing: The average processing time is five business days.
- Business impact: The longer-validity visas will ease business and tourist travel between China and Israel.
Background: China and Israel signed the agreement providing for the longer-validity visas in March. Among the supporting documents, the following will be required:
- A signed statement that the traveler intends to exit on time and that employment is prohibited.
- An invitation letter from an Israeli company or organization.
- A stamped confirmation letter from the traveler’s workplace.
- Bank statements of at least the previous three months (which may be waived if the applicant has a visa from the U.S. or a Schengen country or is a registered resident of Beijing, Shanghai, Guangzhou or Chengdu).
The Israeli consulate also reserves the right to request an interview with the applicant or seek additional documents.
BAL Analysis: The 10-year multiple-entry visas will ease travel for Chinese citizens making frequent business trips to Israel, as they will be able to avoid having to reapply for visas upon each entry.
This alert has been provided by the BAL Global Practice group and our network provider located in Israel. For additional information, please contact your BAL attorney.
Copyright © 2016 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 Singapore has suspended its express and rush visa services for nationals of the following countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Luxembourg, the Netherlands, Norway, Portugal, Spain and Sweden.
What does the change mean? Affected nationals, including diplomatic and official passport holders, applying in Singapore will not be able to rely on the expedited options. The Chinese Embassy suspended these services indefinitely due to high volume from the listed countries.
- Implementation time frame: Immediate and ongoing.
- Visas/permits affected: All visas.
- Who is affected: All passport holders of the 16 listed countries who are applying for Chinese visas in Singapore.
- Impact on processing times: Affected nationals will not be able to use the express or rush services and will have to rely on regular service, which is approximately four days.
- Business impact: Individuals from the affected countries may be delayed from fulfilling urgent travel needs.
Background: The Chinese Embassy in Singapore announced the suspension Nov. 18, and the visa application center has confirmed that the service is unlikely to resume anytime in the near future. Rush and express service is still available for other nationalities.
B·A·L Analysis: Employers and nationals of the 16 European countries applying for Chinese visas in Singapore should not rely on expedited service and should factor in the additional processing time when planning business schedules.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
Copyright © 2016 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? New work authorization procedures took effect Nov. 1 in 10 pilot cities and provinces: Beijing, Shanghai, Tianjin, Anhui, Guangdong, Hebei, Ningxia, Shandong, Sichuan and Yunnan. The changes will be implemented nationwide in April 2017.
What does the change mean? The procedures will unify the work authorization process into one employment permit. Work permits will be classified into three types (A,B and C), and an online management system will be introduced to promote information-sharing.
- Implementation time frame: The pilot program began Nov. 1 and will be rolled out nationwide in April.
- Visas/permits affected: Employment permits.
- Who is affected: Employers sponsoring foreign nationals for work authorization in the 10 designated areas.
- Impact on processing times: Processing times will be longer because legalizations will be required for degrees, police clearances, medical reports, marriage and birth certificates and other documents.
- Business impact: Employers should anticipate new procedures and factor in additional time needed to obtain legalization of documents.
Background: China is introducing a new foreign employment management system that merges work authorization into a single employment permit scheme. Applicants will be scored based on their annual salary, education, working duration, Mandarin language level, work location, age and other factors such as working in remote areas.
Three new categories and eligible applicants are:
Category A – High-level Foreign Experts in science, hi-tech and special talent:
- Individuals selected for the China talent program.
- Individuals who have received internationally recognized awards.
- Market-demand talent encouraged by the Chinese government.
- Entrepreneurs on innovative projects.
- Youth talent.
- Score higher than 85.
Category B – Market-Demand Talents:
- Individuals with a bachelor’s degree or higher and at least two years of related work experience.
- Individuals with a master’s degree or higher from a university in mainland China.
- Individuals with a master’s degree or higher from an international top 100 university.
- Foreign language teachers in China.
- Score higher than 60.
Category C – Temporary/service market foreign employees:
- Foreign workers for government projects in China.
- Interns based on a government agreement.
- Foreign helpers coming to China to work for a High-Level Foreign Expert.
- Foreign nationals working in offshore fishing or other special areas.
- Some seasonal workers.
- Others.
- No minimum score required.
B·A·L Analysis: Companies applying for foreign employees in one of the pilot regions should prepare for additional processing and document preparation time.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
Copyright © 2016 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.
The U.S. Customs and Border Protection’s Electronic Visa Update System (EVUS) for Chinese travelers is now accepting enrollments. EVUS enrollment is mandatory for Chinese nationals holding 10-year visitor visas who are traveling to the U.S. on or after Nov. 29.
Key points:
- Affected Chinese nationals can now enroll online on the Customs and Border Protection’s EVUS enrollment site.
- The EVUS requirement applies to Chinese nationals (mainland only) who hold 10-year visitor (B1/B2, B1, and B2) visas. Travelers will have to renew their enrollment every two years or when their passport expires, whichever comes first. The requirement will apply to both new visa applicants and current visa holders. Enrollment is currently free during early enrollment, but a fee will be implemented in the future.
- The enrollment process involves providing biographical and employment information as well as travel history. In most cases, enrollments will be processed within minutes, although some cases may take as long as 72 hours.
- For now, the EVUS requirement only applies to Chinese nationals. The government has said that the requirement may be applied to other countries in the future.
BAL Analysis: Chinese nationals traveling to the U.S. on or after Nov. 29 must complete the EVUS enrollment requirement before traveling. The system is now accepting enrollments, and those with plans to travel to the U.S. on or after Nov. 29 should consider enrolling ahead of time in order to avoid possible travel delays. Additional information about the program is available on this website.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com. Copyright © 2016 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.
