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IMPACT – MEDIUM
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.
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.
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.
IMPACT – HIGH
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.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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What is the change? Foreign nationals who hold an electronic passport and a residence permit valid for at least six months are now eligible for self-service entry at Shanghai Pudong International Airport.
What does the change mean? Foreign nationals who are eligible for the program will save significant time when entering China through Pudong Airport.
Background: Self-service entry was previously only available to flight crews with permanent residence in China. Officials hope that eligible travelers will use the broadened service to save time entering the country. For the time being, the program is only available at Pudong Airport, Shanghai’s main airport for international flights.
BAL Analysis: Travelers who are eligible will not have to wait in line to have their passports and residence permits inspected manually.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
What is the change? Chinese embassies and consulates are now requiring that visa applicants whose current passports were issued after Jan. 1, 2014 submit their previous passport. In a separate change, Chinese missions may now require that all visa application forms be typed rather than handwritten.
What does the change mean? Visa applicants whose passports were issued in 2014 or later should be prepared to submit their previous expired passport. If the previous passport is unavailable, the applicant should prepare a support letter explaining why it cannot be presented. The visa is likely to be rejected by the visa application center, however, and the final decision is at the Chinese embassy’s discretion.
BAL Analysis: To avoid delay or refusal of a visa, applicants with affected passports should be prepared to present their previous passport.
What is the change? Guangdong authorities have relaxed immigration rules, making it easier for foreign nationals to live and work in Guangdong Province and the Guangdong Free Trade Zone.
What does the change mean? The reforms are intended to promote Guangdong as an innovation and tech hub following similar successful immigration initiatives in Beijing and Shanghai.
The changes are summarized as follows:
Guangdong Free Trade Zone
Guangdong Province
Senior professionals qualified by Guangdong Province talent authorities, technology and innovation authorities, colleges, universities or scientific research institutions are no longer subject to the age limit of 60. They may apply directly for a five-year residence permit marked “Talent,” or they may apply for permanent residency after working successively for three years with the recommendation of their employer. Processing time has been cut to 90 business days.
Senior professionals may apply for a Talent (R) Visa at the port visa authority and convert to a five-year residence permit; or, if they are already in China with another visa, they may convert their current visa into an R visa or apply for a five-year residence permit. Senior professionals who hold a residence permit may sponsor foreign domestic helpers for “personal affairs” residence permits to perform household services.
Foreign nationals who have worked in Guangdong successively for four years with a cumulative total stay in China of at least six months each calendar year will be able to apply for permanent residency if recommended by their employer, have stable insurance, a place to live and the ability to meet certain annual salary and tax payment criteria. Those who have applied twice for residence permits that are each valid for at least one year may apply for five-year residence permits on the third application. Foreign nationals who hold an employment/expert license may apply directly for a one-year residence permit or a Z work visa at the port of entry followed by a residence permit after entry.
Overseas Chinese who were born or previously held Chinese household registration in Guangdong Province, with a related guarantee letter for visiting relatives/business/science, education, culture and health activities/personal affairs, may apply for a five-year multiple-entry visa or residence permit.
Foreign students who graduated from a college or university of mainland China, Hong Kong or Macau and started a business immediately after graduation may apply for a two-year personal affairs residence permit marked “Entrepreneur.” Once employed by a Guangdong employer, they may proceed to apply for a work permit and residence permit accordingly. Foreign students who urgently intend to study in the primary/middle schools of Guangdong may apply for an X1 visa in the port visa authority with the related application documents and apply for residence permit marked “Study” after entry. If already in Guangdong, they may convert their current visa into a residence permit marked “Study” directly by submitting required documents.
6-day visa-free transit: Guangdong will extend the visa-free transit from 72 hours to 144 hours.
BAL Analysis: The new policies will significantly ease criteria for foreign nationals, senior professionals, entrepreneurs, investors, students and overseas Chinese to become permanent residents in Guangdong.
What is the change? A new version of official invitation letters has been released by the Municipal Commission of Commerce/Foreign Affairs Office of China, and must be used by companies sponsoring foreign nationals on Z work visas, M business visas, or F exchange-visit visas.
What does the change mean? The new form is identifiable by a digital bar code on the top right accompanied by an 18-digit number. Applicants submitting older versions without the bar code risk having their visa applications rejected.
Background: Certain visas, including business and work visas, require that companies apply for an official invitation letter from the appropriate authorities.
BAL Analysis: From now on, only the new version of official invitation letters will be issued by authorities. To avoid delays or rejection of their visa applications, employers should confirm that invitation letters contain the bar code before submitting them with their visa applications.
What is the change? Argentina has published a decree to allow Chinese nationals traveling for tourism to enter the country without a visa, provided they hold a valid visa to enter the United States or the Schengen Area.
What does the change mean? Affected Chinese nationals traveling for tourism will be able to enter Argentina with an electronic travel authorization rather than a visa. This will make it easier, in some instances, to obtain short-term work permits because Chinese nationals will be able to enter Argentina and apply for a permit at the Immigration Department rather than through a consulate abroad.
Implementation time frame: Ongoing. The decree was published last week, but it will take some time for the Immigration Department to implement the policy in practice, in part because processes for obtaining an electronic travel authorization are not finalized.
Background: The change came about as a result of Decree 892/2016, which was published last week. It applies to Chinese nationals who hold ordinary passports and a valid visa for the U.S. or Schengen Area. Those eligible for the visa waiver still must obtain an electronic travel authorization, which will cost $50 once an application process is established. Chinese nationals who do not have a valid visa for the U.S. or Schengen Area must still obtain a visa to travel to Argentina.
BAL Analysis: While the program will benefit certain Chinese nationals traveling to Argentina, it will not be available to business travelers or those who do not hold a valid visa for the U.S. or Schengen Area. It will, in some cases, make it easier for qualifying Chinese nationals to obtain short-term work permits.
This alert has been provided by the BAL Global Practice group and our network provider located in Argentina. For additional information, please contact your BAL attorney.
When traveling to China, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to China, you may engage in the activities below, depending on the type of visa obtained. The most common types of visas for business visitors are the M Visa, Visa on Arrival, F Visa and Foreign Talent (R) Visa. While this list is not exhaustive and other activities could qualify as business, depending on the visa held, you may:
Most foreign nationals, including nationals of the United States and the European Union member states, are required to obtain a visa for business activities from a Chinese Consulate or Embassy prior to travel. Only nationals from select countries are eligible for visa waiver status, which allows visitors to enter and conduct business activities in China. Please obtain an individual assessment prior to travel to determine your eligibility for a visa waiver.
Foreign nationals traveling to China for emergency business purposes may be eligible to obtain a Visa on Arrival (also called Landing Visa) upon arriving in China. Please obtain an individual assessment prior to travel to determine your eligibility for a Visa on Arrival.
The activities below, whether paid or unpaid, generally constitute work under Chinese law. This list is not exhaustive, and many other professional activities are considered work in China, even if conducted for a short duration.
In limited circumstances, foreign nationals may engage in certain professional activities without obtaining work authorization, including while on short-term assignment, although strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.
The requirements for a work permit depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in China. Most foreign nationals working in China must obtain a Z Visa, Work Permit and Residence Permit when working in China. The most common Chinese work permits are:
Residents of Hong Kong SAR PRC, Macau SAR PRC and Taiwan PRC are not required to obtain a work permit in order to work in Mainland China. However, other formalities are required prior to working or residing in Mainland China.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.