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IMPACT – MEDIUM
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.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
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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
IMPACT – HIGH
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.
What is the change? The Shanghai Municipal Commission of Commerce is requiring that employers fulfill an additional step in the application for an invitation letter that is a prerequisite for Z employment visas.
What does the change mean? Companies registered in Shanghai’s Puxi area must physically submit documentation supporting the invitation letter application and obtain the commission’s verification before issuance of the letter of invitation. The additional verification takes an extra three to five working days.
Background: Chinese entities sponsoring foreign nationals for Z work visas must apply for an official letter of invitation from the appropriate authorities. The Shanghai Municipal Commission of Commerce has implemented a new process whereby companies must bring all supporting documents to be verified before the commission issues the letter of invitation.
BAL Analysis: Companies registered in Puxi should prepare for the additional steps and longer overall processing timelines for work permits. Companies registered in Pudong are not affected and should continue to apply for their invitation letters at the Foreign Affairs Office.
What is the change? China has become a full signatory of the Washington Accord, a development that will make it more straightforward for professional engineers with an accredited qualification in China to obtain a Migration Skills Assessment outcome through Engineers Australia.
What does the change mean? The Washington Accord is an international agreement among the organisations responsible for accrediting engineering degree programs. For Australian migration purposes, obtaining a positive Migration Skills Assessment outcome is significantly easier for engineers from countries that are signatories to the Washington Accord or other specified international agreements. The change will ultimately make it easier for professional engineers who obtain an accredited engineering qualification in China to seek to apply for a number of different Australian visa subclasses.
Background: China, represented by the Chinese Association for Science and Technology (CAST), joins Australia, Canada, Hong Kong, India, Ireland, Japan, Malaysia, New Zealand, Russia, Singapore, South Africa, South Korea, Sri Lanka, Taiwan, Turkey, the United Kingdom and the United States as a signatory of the Washington Accord.
In Australia, signatories to the accord (or to the related Sydney Accord or Dublin Accord) can obtain a positive Migration Skills Assessment outcome without having to compile a Competency Demonstration Report, an onerous process that involves providing documentary evidence of both core engineering knowledge and demonstrated application of skills in the nominated occupation.
BAL Analysis: While the accord only applies to engineers who complete the requisite qualifications this year or after, it is a welcome development for Australian employers and engineers holding a Chinese accredited engineering qualification. Irish employers may also be able to rely on the accord for purposes of supporting foreign engineering qualifications.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
What is the change? Israel and China have reached an agreement to provide 10-year, multiple-entry visas to business travelers and tourists from each other’s countries.
What does the change mean? The arrangement, once implemented, is expected to significantly improve visa procedures for Israeli and Chinese nationals traveling to each other’s countries.
Background: The Israeli-Chinese visa agreement follows similar agreements between Canada and China and the U.S. and China. While the change will reduce red tape for business travelers, work activities will not be permitted when traveling on one of the new 10-year visas.
BAL Analysis: The change will facilitate business travel and reduce the inconvenience of having to apply for a visa more frequently. 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 and our network provider located in Israel. For additional information, please contact your BAL attorney.
What is the change? The Shanghai Labor Bureau is now waiving medical examination reports for work permit applicants from Hong Kong, Macau and Taiwan if the sponsor companies guarantee the applicants’ health.
What does the change mean? Instead of submitting an employee’s medical report, an employer may submit a letter confirming that the employee’s health complies with relevant laws and he or she is able to perform the job.
BAL Analysis: The exemption from the medical examination report will speed up the work permit application process for employees from Hong Kong, Macau and Taiwan working in Shanghai.
What is the change? The Shanghai Labor Bureau is requiring foreign employees who hold multiyear work permits to file their annual work permit inspection applications on time or their work permit will automatically be canceled.
What does the change mean? Foreign employees who fail to file the inspection application within three months after the annual inspection date will face automatic cancellation. The annual inspection date is the anniversary of the date the work permit was issued.
Background: Employees who are issued multi-year work permits must file an inspection application every year, and should do so by the anniversary of the work permit issuance date (“annual inspection date”). The Shanghai Labor Bureau has now clarified that if a foreign employee has not filed within three months after that date, the work permit will automatically be invalidated.
BAL Analysis: To avoid having their work permit canceled, foreign employees in Shanghai should make sure to file for annual work permit inspections on time every year. Employees who fail to file on time will need to reapply for a new work permit in order to work legally in the country.