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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.
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.
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.
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.
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.
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.
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.
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
What is the change? The Beijing Labor Bureau is planning to launch a new Foreign Employment Management System soon.
What does the change mean? In preparing for the new system, the bureau will attempt to take inventory of expired or unused work permits that have not been deregistered.
BAL Analysis: Beijing employers should anticipate that they may be required to deregister expired work permits that have not already been deregistered and, depending on the scope of the Labor Bureau’s program, they may also be required to deregister valid work permits for employment that has been terminated. Employers are encouraged to work with their BAL team to identify work permits that must be deregistered.
What is the change? Government offices will close Oct. 1-7 in observance of China’s National Day.
What does the change mean? Applicants should expect delays in October.
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.
BAL Analysis: Companies and foreign employees with questions about closures in China or at Chinese consulates or embassies abroad should contact their BAL attorney or local officials. Those in need of services should plan around the scheduled closures.
What is the change? Australia has added China to the list of countries whose citizens are eligible for Work and Holiday Visas.
What does the change mean? Chinese applicants must apply in-person at one of three designated locations in Beijing, Guangzhou or Shanghai. Online and mailed applications will not be accepted.
Background: According to a legislative instrument adding China to the eligible countries, applicants holding a passport from the People’s Republic of China will not be required to provide government support for grant of the visa. As part of the eligibility requirements for this visa, Chinese nationals will need to hold tertiary qualifications, or have successfully completed at least two years of undergraduate university study, and must also provide evidence that they have a level of English language ability assessed as at least functional.
Work and Holiday Visas are available to a small number of young adults ages 18 to 30 from designated countries, allowing them to work and travel in Australia for up to one year. Australia currently offers Work and Holiday Visas to citizens of Argentina, Bangladesh, Chile, Indonesia, Malaysia, Poland, Portugal, Spain, Thailand, Turkey, the United States and Uruguay.
BAL Analysis: The Work and Holiday program is very popular and is likely to fill up quickly. Chinese nationals are encouraged to apply as early as possible once the program opens as there will be an annual limit of 5000 places for Chinese participants.
What is the change? The Mid-Autumn Festival that marks the autumn full-moon harvest will be observed in China, Hong Kong, Japan, South Korea and Taiwan.
What does the change mean? Government and private offices will close and applicants should expect delays in work permit processing and other services. The holiday lasts one to three days, depending on the country. Offices will be closed on the following days:
Background: Mid-Autumn Festival is traditionally a celebration of the autumn harvest when the moon is at its fullest and brightest of the year. In China, Hong Kong and Taiwan, families observe the full moon while thinking of distant relatives, and eat “moon cakes” filled with sweet bean or lotus filling. In Japan, rice dumplings, chestnuts and sweet potatoes are offered as thanks for the harvest. In South Korea, families commemorate their ancestors, visit tombs and eat rice cakes and drink rice wine made from the new bounty.
BAL Analysis: Employers should anticipate delays during the holidays and file applications beforehand where possible.
IMPACT – HIGH
What is the change? Shanghai has published new immigration regulations intended to attract and retain high-level foreign talent and promote Shanghai as a center of science, technology and innovation.
What does the change mean? The published regulations follow recent changes to Shanghai’s immigration policy.
Background: The key provisions are:
BAL Analysis: The regulations should benefit foreign workers, scholars and entrepreneurs in science and technology, eliminating some bureaucratic layers in obtaining work and residence permits in Shanghai.
What is the change? Beijing is closely screening older foreign workers who are applying for or renewing work permits.
What does the change mean? Foreign workers nearing age 60 are likely to be denied an initial work permit, and foreign workers who have reached age 60 when renewing their work permit will undergo a preassessment process that will delay applications and could result in denial of an extension.
Background: The retirement age in China is generally 60 for men and 55 for women, but each jurisdiction applies its own age limit for work permits and residence permits.
The Beijing Labor Bureau is now enforcing its age limit of 60 for both male and female foreign workers. For a first-time applicant, the employer must provide documentation of the employee’s qualifications for the job, and the decision is left to the discretion of the local bureau. For renewal applicants who have reached age 60, the bureau will conduct a preassessment before the expatriate employee may submit the application. The preassessment is estimated to take three weeks.
BAL Analysis: In the past, Beijing was relatively flexible about issuing work permits to foreign employees who had reached or exceeded age 60 as long as the applicant had a strong supporting letter. Employers should now expect a higher burden of proof and greater difficulty in obtaining new and renewal permits for foreign employees in Beijing who are approaching age 60 and older.