IMPACT – MEDIUM

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.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Letters of invitation.
  • Who is affected: Shanghai companies registered in Puxi. Those registered in Pudong are not affected by the change.
  • Impact on processing times: With the additional step taking three to five business days, the application process for the invitation letter now takes approximately eight to 10 business days.
  • Business impact: The new rule adds time and an administrative burden, as an additional verification step is required.
  • Next steps: Affected companiesshould plan for the additional procedures and prepare to physically submit documents to the commission for verification. BAL can assist in the process.

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.

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? 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.

  • Implementation time frame: China became a signatory on 2 June. Accreditation under the Washington Accord applies only for qualifications completed the year a country gains full signatory status and thereafter.
  • Visas/permits affected: The process will become easier for affected engineers to meet the relevant skills assessment criteria for a number of Australian visas, including several of the employer-sponsored and general-skilled migration visa categories.
  • Who is affected: Professional engineers who have obtained an accredited qualification in China and Australian employers looking to hire them.
  • Impact on processing times: The change makes it significantly easier to obtain a positive Migration Skills Assessment outcome, which should speed overall visa processing (subject to eligibility).
  • Business impact: Australian businesses should have an easier time identifying professional engineers holding an engineering degree qualification (obtained in mainland China) recognised as being comparable to an Australian bachelor-degree level qualification in engineering.

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.

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 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.

  • Implementation time frame: Ongoing. The Israeli Knesset approved the agreement last week, but the countries have not begun issuing the new visas and have not announced an implementation date.
  • Who is affected:Israeli and Chinese nationals traveling to each other’s countries.
  • Impact on processing times: The extended visa validity is expected to ease processing by eliminating the number of visa renewals.
  • Business impact: Affected business people who travel regularly between Israel and China will save time and money because they will only have to apply for visas once every 10 years.

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.

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 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.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Work permits.
  • Who is affected: Shanghai employers sponsoring employees from Hong Kong, Macau and Taiwan.
  • Impact on processing times: Applicants may save time by avoiding having to undergo medical exams.

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.

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? 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.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Work permits.
  • Who is affected: Foreign employees in Shanghai holding multiple-year work permits.
  • Next steps: Foreign employees are advised to file their inspection application within the normal filing period to avoid risk of cancellation of their work permit. The normal filing period is the 90-day period before the annual inspection date.

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.

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? New Zealand officials have taken steps to make travel for Chinese nationals easier, including creating a new eVisa programme and launching a Chinese version of the RealMe logon service.

What does the change mean? The changes will build on other measures New Zealand has taken in recent years to make travel easier for Chinese tourists and business travellers. The eVisa programme will allow Chinese nationals to apply for visas online, while the RealMe logon service will make it possible for Chinese nationals to complete the entire visa application process in Chinese.

  • Implementation timeframe: Immediate and ongoing.
  • Visas/permits affected: The eVisa programme will be available for all temporary visas applications that can be lodged online, including business visas, tourist visas and temporary work visas for single applicants.
  • Who is affected: Chinese business people and tourists travelling to New Zealand.
  • Impact on processing times: The changes will make the visa application process easier and less time-consuming.

Background: New Zealand Minister of Immigration Michael Woodhouse announced the changes on 19 April.

The new programmes for Chinese travellers build on other recent efforts to increase travel and develop stronger business ties between the two countries. In 2013, officials from China and New Zealand agreed to launch a three-year, multiple-entry business visa for people travelling between the two countries. New Zealand has also increased the number of staff members dedicated to facilitating travel from China and opened Visa Application Centres in Beijing, Chengdu, Guangzhou, Hong Kong and Shanghai.

Woodhouse called China New Zealand’s “second-largest and fastest growing tourist market” and stressed that the recent changes are consistent with the Government’s efforts to make travel from China easier.

BAL Analysis: The changes announced in April to create the eVisa programme and a Chinese version of the RealMe login service should further enhance New Zealand’s efforts to draw more business travellers and tourists from China.

This alert has been provided by BAL Australia and our network provider located in New Zealand. For additional information, please contact australia@bal.com

MARN: 9683856

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 Beijing Public Security Bureau has launched its new online visa and permit applications service for foreign applicants.

What does the change mean? Applicants may choose to apply for visas, stay permits and residence permits through the website and then submit physical documents after approval. In addition, a new online process is available for foreign nationals who need to travel to Beijing urgently.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Visas, stay permits, residence permits, M and F visas.
  • Who is affected: Foreign nationals applying for visas or permits to Beijing.
  • Impact on processing times: The processing time for the online application channel is 10 business days, the same as for normal physical applications.
  • Business impact: The online system gives applicants more flexibility and provides a separate option for certain urgent business travelers.
  • Next steps: Companies should consider using the online application system as an option. BAL can assist in the registration and application process.

Background: Beijing introduced the online system Tuesday. After filling out an online application form and scheduling an appointment, applicants may print out the forms with a bar code and be directed to a designated counter at the Public Security Bureau to submit their documents.

Beijing has also introduced a new online application system for foreign nationals who need to travel to Beijing urgently under certain circumstances. They may apply for their M or F visa online and then submit their physical documents at authorized offices at Beijing Capital International Airport, where their visa will be issued. This procedure is available for urgent business travelers invited by state-owned companies or multinational companies that are registered in the port visa center or personal affairs travelers on urgent medical travel.

BAL Analysis: The online system provides an optional service that should help streamline the application process by providing dedicated counters at the Public Security Bureau.

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? Starting Saturday, Shanghai, Hangzhou and Nanjing will allow travelers from 51 countries to transit for up to six days without a visa.

What does the change mean? The policy allows travelers greater flexibility to stop in the three cities without having to obtain a visa as long as they have proof of onward travel. Business activities are not allowed during visa-free transit.

  • Implementation timeframe: Jan. 30.
  • Visas/permits affected: Visa-free transit.
  • Who is affected: Foreign nationals of 51 designated countries.
  • Impact on processing times: Eligible foreign nationals will not have to obtain a visa for transit stays of up to six days.
  • Business impact: The policy doubles the allowable stay from 72 hours to 144 hours, but business travelers are reminded that visa-free transit is only for tourism and social visits.

Background: Many cities in China already allow foreign travelers from 51 designated countries to stay for up to three days without a visa if they have proof of a visa for their destination country and an onward ticket.

The eligible countries are: Albania, Argentina, Austria, Australia, Belgium, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Canada, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Mexico, Netherlands, Montenegro, New Zealand, Poland, Portugal, Qatar, Romania, Russia, Serbia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, the United Arab Emirates, Ukraine, the United Kingdom and the United States.

Several northern cities, including Beijing, also plan to extend transit stays to six days, but have not implemented the policy yet.

BAL Analysis: The policy allows some foreign travelers to make side trips to three major Chinese cities on the way to their destinations.

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? Following successful initiatives in Shanghai, Beijing will launch its own reforms of immigration rules to attract foreign talent.

What does the change mean? The rules will benefit foreign senior professionals, overseas Chinese, foreign students, and high-skilled tech talent employed in Zhongguancun, Beijing’s tech hub.

  • Implementation time frame: The policies are expected to be introduced March 1.
  • Visas/permits affected: Exit and Entry visas, Stay and Residence, and Permanent Residence.
  • Who is affected: Foreign nationals bringing technology and innovation to Beijing.
  • Impact on processing times: The policies will make it easier for some foreign professionals and students to apply for residence permits.
  • Business impact: Beijing is seeking to become a global high-tech hub by making it easier for foreign talent to live and work there.
  • Next steps: BAL is following the developments and will update clients as more reforms are introduced in 2016.

Background: Beijing has announced the following eased policies for four categories of foreign professionals:

  • Senior professionals who obtain a recommendation letter from the Beijing Zhongguancun Administrative Committee will be eligible to apply for permanent residence permits along with spouses and children under 18. A counter at the Ministry of Public Security will be dedicated to permanent residence applications, which will speed up processing.
  • Overseas Chinese are eligible to apply for permanent residency directly if they hold a doctorate degree or if they work at a Zhongguancun company for four years with a cumulative total stay in China of at least six months each calendar year.
  • Foreign students may apply for residence permits marked as “internship” if they seek short-term internships in Zhongguancun while studying at a foreign university. Foreign students studying at a Beijing university may seek a part-time job and start an entrepreneurship at Zhongguancun and apply or convert to a short-term personal affairs residence permit.
  • Entrepreneurial and tech talent employed at Zhongguancun may provide their visas at the port of arrival and convert to a long-term residence permit. An evaluation system for permanent residence permit applications will be implemented.

BAL Analysis: The changes in Beijing follow the successful experience in Shanghai last year. They will provide greater flexibility for foreign tech professionals to work and take up residency in Beijing.

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? China will welcome the Year of the Monkey and observe a seven-day national holiday Feb. 7-13.

What does the change mean? Government and private offices in China and other countries will be closed during the lunar new year celebration known as the Spring Festival. Applicants with time-sensitive fillings should plan ahead.

  • Implementation time frame: Feb. 7-13.
  • Visas/permits affected: All immigration-related services.
  • Who is affected: Foreign nationals seeking immigration-related services in China, Taiwan, Singapore and other Asian countries.
  • Impact on processing times: The one-week holiday may cause a backlog when services resume.
  • Next steps: To avoid delays, employers and foreign employees should submit applications ahead of the break where possible.

Background: The first day of the Chinese lunar new year is Feb. 8. China begins a full week of festivities beginning New Year’s Eve, Feb. 7. Offices will be open the two Saturdays before and after the break, Feb. 6 and Feb. 14.

Other Asian countries will observe varying holiday periods. Offices in Taiwan will close Feb. 6 -14, and reopen Feb. 15. Singapore will observe a shorter public holiday, Feb. 8-9.

BAL Analysis: Companies are encouraged to file work permit and other applications as early as possible before the holiday period.

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.