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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.
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.
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.
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.
Background: China and Israel signed the agreement providing for the longer-validity visas in March. Among the supporting documents, the following will be required:
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.
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.
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.
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.
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:
Category B – Market-Demand Talents:
Category C – Temporary/service market foreign employees:
B·A·L Analysis: Companies applying for foreign employees in one of the pilot regions should prepare for additional processing and document preparation time.
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:
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.
What is the change? Israel announced that it will implement an agreement allowing Chinese business and tourist visitors to apply for 10-year multiple-entry visas.
What does the change mean? The longer-duration visas will allow Chinese visitors to avoid having to apply for Israeli visas upon each entry.
Background: The bilateral agreement was signed in March during a joint meeting to promote innovation and cooperation between the two countries. While the agreement is reciprocal, China has not announced an implementation date for the longer-validity visas for Israeli nationals. Israeli consulates in China will issue visa durations according to the foreign national’s invitation letter or other documents, whether three months, one year or 10 years.
BAL Analysis: When fully implemented, the agreement will make it easier for frequent travelers to make business trips between China and Israel.
What is the change? Shanghai authorities have announced that foreign nationals obtaining new passports at a foreign embassy or consulate must obtain a confirmation letter to submit as part of residence permit amendment applications.
What does the change mean? Effective immediately, foreign nationals obtaining new passports must obtain confirmation letters stating the applicant’s name, old passport number, new passport number, the date on which the passport was issued and the date on which it was collected by the applicant. The confirmation letters must then be provided when foreign nationals file a residence permit amendment, which is required when a new passport is collected.
Background: Immigration regulations in Shanghai require foreign nationals to file a residence permit amendment within 10 days of obtaining a new passport. Amendment applications in this circumstance now must also include confirmation letters as outlined above. Confirmation letters that are not in English or Chinese must be translated by a certified translator. Confirmation letters are only required when passports are obtained at foreign embassies or consulates and when a new passport is blank, i.e., when the passport has no stamp from entering China.
BAL Analysis: Foreign nationals in Shanghai should take note of the change and be sure to obtain confirmation letters when required, particularly because the failure to do so may unnecessarily delay residence permit amendment applications.
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? China will merge its Foreign Work Permit and Expert Permit programs into a single Employment Permit scheme beginning in October.
What does the change mean? Foreign nationals who previously would have applied for either a Foreign Work Permit or an Expert Permit will soon apply for the new Employment Permit. Applicants should expect the possibility of delays and changes in documentation requirements as the program is rolled out.
Background: Until now, separate government agencies have overseen the issuance of Foreign Work Permits and Expert Permits. The new system will centralize the management of foreign employment in China and allow for improved data sharing among authorities. The system will introduce new employment permit types – A, B and C– based on a scoring system that will consider, among other criteria, an applicant’s income, work experience, educational background, Chinese language skills, age and duration of stay. According to preliminary information, A type employment permits will be reserved for those with scores of 85 and over, B type permits for those with scores of 60-85, and C type permit for those with scores below 60. The government may alter application requirements among the different types of employment permits in order to encourage A type applicants, control the number of B type applicants and limit C type applicants.
BAL Analysis: The new system is designed to streamline the employment permit process in China, but may cause delays in the near term and could lead to different procedures or documentation requirements. Authorities are expected to issue more detailed regulations soon. BAL will continue to follow the rollout of the new program and will provide updates to clients as needed.
What is the change? Government offices will close in China in observance of National Day and Golden Week Oct.1-7.
What does the change mean? Applicants should expect delays in October and file time-sensitive applications as soon as possible.
Background: National Day marks the founding of the People’s Republic of China on Oct. 1, 1949 and kicks off a seven-day Golden Week celebration across China, Hong Kong and Macau.
BAL Analysis: Companies and foreign employees should check with their BAL attorney or local officials for office closures. Those in need of government services should plan around office closures Oct. 1-7. Overseas applicants should contact the relevant Chinese consulate for individual holiday schedules.
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