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.

IMPACT – MEDIUM

What is the change? The United Kingdom has announced that it will introduce two-year multiple entry visas to Chinese visitors beginning next week.

What does the change mean? The change is part of a reciprocal visa arrangement with China, which has said that it will issue two-year multiple-entry visas to U.K. nationals as well. The visas will make it easier for U.K. and Chinese business travelers to visit each other’s countries without having to renew their visas every six months, as is currently required.

  • Implementation time frame: The U.K. will start issuing the new visas Monday.
  • Visas/permits affected: Visitor visas.  
  • Who is affected: Chinese and U.K. nationals traveling to each other’s countries.
  • Impact on processing times: The longer validity will eliminate renewal processing for each new trip.
  • Business impact: The change is intended to boost business and tourist travel between the two countries and will benefit frequent business travelers.
  • Next steps: The U.K. and China have agreed to work toward implementing 10-year multiple-entry visas in the future.

Background: The two countries agreed to the new visa arrangement in October, during President Xi Jinping’s visit to the U.K. The U.K. Home Office announced this week that it would begin issuing the two-year visas to Chinese travelers beginning Monday. The visas will cost £85, the same amount as the current six-month visas. China has agreed to reciprocate, and will provide two-year multiple-entry visas to U.K. nationals for the equivalent of £85. Chinese Foreign Minister Wang Yi said in a Jan. 5 statement posted on the Chinese Embassy’s website that China is “willing to issue two-year multiple-entry visas to UK’s citizens,” but did not provide an implementation date.

BAL Analysis: The longer-validity visas will make travel more convenient for frequent business travelers in the U.K. and China.

This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@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 are the changes? The Christmas and New Year’s holidays will close many government and private offices around the world for at least two days, with many countries observing longer holiday periods at the end of the year and the beginning of 2016.

What does the change mean? Employers should file as early as possible for visas, work permits and other services to avoid delays during the holiday closures.

  • Implementation timeframe:Now through January.
  • Visas/permits affected:All visas and permits.
  • Who is affected:Companies needing immigration, labor and other services from government offices.
  • Impact on processing times:Processing will be slower due to office closures, shorter business hours and reduced staff.
  • Business impact:Holiday delays should be factored into business schedules and assignments.
  • Next steps:Companies should finalize and submit applications as soon as possible.

Background: Most countries will observe Dec. 25, 2015, and Jan. 1, 2016, and many countries will also reduce business hours in the days surrounding Christmas and New Year’s Day.

Some countries may close for extended periods in the coming months. Russia observes a New Year holiday and Orthodox Christmas Jan. 1-10, with offices reopening Jan. 11. China does not mark Dec. 25 as an official public holiday, but will close Jan. 1-3 for the New Year’s holiday and Feb. 7-13 for the Chinese lunar New Year. South Africa will close offices for varying periods between Dec. 22 and Jan. 11. Mexico’s immigration services will be closed for three weeks Dec. 18 – Jan. 6.

BAL Analysis: Companies should anticipate slower processing for visas, residence permits and work permits from now until offices reopen in early January and they should plan to file immigration-related applications as soon as possible.

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 – MEDIUM

What is the change? Effective immediately, the Shanghai Exit-Entry Bureau has begun to strictly enforce a regulation that requires foreign employees to give the bureau notice when information on their residence permit changes.

What does the change mean? Foreign residents must report any changes to the information registered in their permits, such as changes to their address or passport, within 30 days.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Residence permits.
  • Who is affected: Foreign residents in Shanghai.
  • Business impact: Employers or employees may face warnings or fines for late reporting.
  • Next steps: Foreign residents of Shanghai whose information has changed since the issuance of their residence permit should move quickly to file a residence permit amendment application with the Exit-Entry Bureau.

Background: The regulation requires that employees report changes to their residence permits to the Shanghai Exit-Entry Bureau within 10 days, but it was not strictly enforced and foreign residents were allowed to report changes when they renewed their permits. Although the official deadline is 10 days, authorities are now requiring foreign residents to file any amendments within 30 days of a change.

BAL Analysis: Employers and expatriate employees should be aware of the stricter enforcement of the deadline and file any changes to their residence permits within 30 calendar days.

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 Beijing Labor Bureau’s new Foreign Employment Management System for all work permit applications will launch Jan. 4.

What does the change mean? The new system will bring several changes to the process, which employers should prepare for, including mandatory online registration and filing.

  • Implementation time frame: Jan. 4.
  • Visas/permits affected: Work permit applications.
  • Who is affected: Employers and foreign nationals applying for work permits in Beijing.
  • Business impact: All companies must register and activate an account with the Beijing Labor Bureau before using the new online system.
  • Next steps: Employers may contact BAL China for assistance in registering and activating their account.

Background: The Beijing Labor Bureau announced the new system in early November and is de-registering expired and unused work permits before the launch date. In the meantime, companies may begin registering with the new system now.

BAL Analysis: Companies are encouraged to register as soon as possible. Once the new system takes effect, Beijing employers should anticipate that work permit processing may take longer than normal, as companies must file all work permit applications online and obtain approval before submitting their physical package.

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 Australian Government has issued a regulation stating that under the China-Australia Free Trade Agreement, or ChAFTA, labour market testing will be waived for certain executives, specialists and service suppliers coming to Australia from China.

What does the change mean? Labour market testing will be waived for: executives, senior managers and managers coming to Australia as inter-corporate transferees; specialists coming to Australia as intra-corporate transferees; independent executives; and contractual service suppliers.

  • Implementation time frame: Ongoing.
  • Visas/permits affected:Subclass 457 visas.
  • Who is affected: Employers and Chinese business executives, specialists and service suppliers covered by ChAFTA.
  • Impact on processing times: The change should save significant time for Australian companies recruiting affected business executives, specialists and service suppliers because employers will not have to go through the steps of demonstrating that Australian nationals are unavailable for the job in question.
  • Business impact: ChAFTA’s labour market testing provisions are part of the trade deal’s attempts to increase trade and lift barriers to entry in the two countries.
  • Next steps:The labour market testing provisions will take effect immediately after the China-Australia Free Trade Agreement enters into force. ChAFTA takes effect 30 days after Australia and China complete their respective domestic ratification processes.

Background: Australian and Chinese officials signed the landmark trade agreement in June. The deal was subject to subsequent discussion about whether additional labour market testing protections were needed for Australian workers, either in ChAFTA or Australian law. Earlier this month, officials made a number of legislative amendments to clarify and reinforce visa requirements, including new labour market testing guarantees in the Subclass 457 visa programme.

In a 23 November regulation, however, the Australian Government made it clear that it was required to honour ChAFTA’s obligations on labour market testing. Peter Dutton, the Minister for Immigration and Border Protection, said that for the categories of people covered, “the imposition of labour market testing would be inconsistent with international trade obligations of Australia arising under the China-Australia Free Trade Agreement.”

BAL Analysis: The regulation is welcome news for Australian employers and Chinese executives, specialists and service suppliers covered by ChAFTA. It also advances the trade agreement’s broader goal of lifting barriers to trade and entry between Australia and China.

This alert has been provided by BAL Australia. 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.