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IMPACT – MEDIUM
What is the change? China is observing a three-day holiday to commemorate the 70th anniversary of the end of World War II.
What does the change mean? Government offices will be closed Sept. 3-5 and processing of work permits and residence permits will be suspended.
BAL Analysis: Companies and foreign nationals should plan ahead for the holiday schedule.
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 – LOW
What is the change? Shenzhen has cut its processing time for residence permits.
What does the change mean? Expatriate workers submitting new or renewal applications can expect to receive their residence permit in seven business days.
Background: After arriving in China, foreign workers must apply for a residence permit, which provides proof of residence for certain tasks necessary for settling, such as opening a bank account and releasing personal property from customs. The seven-business-day processing time frame is in line with other major cities, including Shanghai, Guangzhou and Xi’an.
Last week, Beijing also reduced its processing time from 15 business days to 10.
BAL Analysis: Foreign workers in Shenzhen will have a shorter wait for residence permits, which benefits newly arrived employees, as well as applicants who need to travel, as international travel is not allowed until the permit is issued.
What is the change? Canada has added five cities to its China Transit Program, more than doubling the number of mainland Chinese cities in the program.
What does the change mean? Chinese nationals departing from Chengdu, Fuzhou, Harbin, Shenyang or Xiamen may now travel to the U.S. via international airports in Toronto or Vancouver without obtaining a Canadian visa. Other cities with airports in the program are Beijing, Guangzhou, Hong Kong, Manila, Seoul, Shanghai, Taipei and Tokyo.
Background: The China Transit Program has grown significantly in recent months. News that five additional Chinese airports have been added followed the addition of the Tokyo Narita, Tokyo Haneda, and Seoul Incheon airports in June. In order to be eligible, travelers must hold a valid Chinese passport and U.S. visa and must be traveling through Toronto or Vancouver to the U.S. They must also travel on one of the 10 airlines approved for the program: Air Canada, Air Canada rouge, Air China, Air Georgian, Cathay Pacific, China Southern Airlines, Jazz, Philippine Airlines, Sky Regional Airlines and WestJet.
BAL Analysis: Chinese nationals traveling from any of more than a dozen cities in China and other Asian countries can now benefit from visa-free transit through Canada to the U.S.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
What is the change? Harbin, in Northeast China, will soon offer 72-hour visa-free stays for nationals of 51 countries transiting through China, according to a government website.
What does the change mean? Travelers from 51 countries – including Australia, Brazil, Japan, South Korea, the United States and most European countries – with proof of onward travel to a third country will be permitted to visit Harbin for up to 72 hours without obtaining a visa.
Background: More than a dozen cities offer similar 72-hour visa-free stays for travelers transiting to a third country, including Beijing, Chengdu, Chongqing, Dalian, Guilin, Guangzhou, Hangzhou, Kunming, Shanghai, Shenyang, Wuhan, Xi’an and Xiamen. Details are available on the Chinese Embassy’s website.
BAL Analysis: Nationals from 51 countries can benefit from Harbin’s 72-hour visa-free policy for onward travelers.
What is the change? Immigration authorities in Beijing have significantly reduced the processing time for residence permit applications.
What does the change mean? Foreign nationals submitting residence permit applications in Beijing can expect to receive their permit in 10 business days.
Background: Starting next week, Beijing immigration authorities will process both new and renewal residence permit applications in 10 business days. Previously, the processing time was 15 business days.
BAL Analysis: A residence permit is typically required to open a bank account and secure the release of household items from customs, so the shorter wait time for residence permits will particularly benefit foreign nationals who have recently moved to Beijing.
What is the change? China has been added to the growing list of countries eligible for India’s e-Tourist Visa program. Residents of Hong Kong and Macau are also now eligible for the visas.
What does the change mean? While the expansion of the program eases travel for tourists, the visas are not recommended for business travelers except for urgent and narrowly-tailored visits.
Background: India dramatically expanded its Tourist Visa on Arrival-Electronic Travel Authorization program, as it was previously known, in November 2014, and again in April 2015. The addition of China to the program has been anticipated for months, despite reports of security concerns by some in the Indian government. Over 70 countries are on the list of eligible travelers. Bolivia and the Seychelles were previously included on India’s official website listing of participating countries, but have since been removed.
The e-Tourist visa requires travelers to apply online for an electronic travel authorization prior to travel. Those who arrive in India without electronic travel authorization risk being turned away. The program is available at nine Indian airports: Bengaluru, Chennai, Cochin, Delhi, Goa, Hyderabad, Kolkata, Mumbai and Trivandrum.
BAL Analysis: While the addition of China, Hong Kong and Macau to India’s e-Tourist Visa program could significantly increase the number of tourists traveling to India, it must be noted that only “casual business” visits are allowed no matter what the traveler’s nationality. The definition of “casual business” may vary depending on individual immigration officers. Because of the discretion officers wield, and the fact that eligible foreign nationals may be issued only two e-Tourist visas per year, BAL does not recommend e-Tourist visas for business travelers unless they do not have time to obtain a traditional business visa and are traveling for a one-shot meeting or “look-see” visit.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? Shanghai has started implementing several new policies aimed at attracting foreign professionals in the science and technology fields to live and work in China’s most populous city.
What does the change mean? Foreign residents recognized as talents can become permanent residents more easily, approved high-level professionals in science and technology are eligible for five-year residence permits, and foreign graduates and entrepreneurs looking to start companies in Shanghai are immediately eligible for temporary residency.
Background: The changes affect the following categories:
BAL Analysis: Because immigration procedures in China can be lengthy and complicated, the new rules should reduce red tape and incentivize top-tier and new foreign talent to stay in Shanghai.
What is the change? Further details on visa-free travel for citizens of Taiwan traveling to China have been released by Public Security Bureau officers in verbal confirmations and in public statements to the media.
What does the change mean? Taiwanese citizens will be able to enter mainland China with only a valid Tai Bao Zheng or, if they do not have a Tai Bao Zheng, they may obtain a temporary travel certificate upon arrival. Shanghai and Beijing have already stopped requiring Taiwanese travelers to obtain travel and residence endorsements. The Tai Bao Zheng is also expected to be replaced by an E-travel pass in the coming year.
Background: As BAL reported last week, China’s State Council announced changes that would remove current visa requirements, known as travel endorsements, for Taiwanese residents holding valid Tai Bao Zheng. Additional details from the Public Security Bureau confirm that Taiwanese citizens who do not have a Tai Bao Zheng will be able to obtain a single-entry, temporary travel certificate upon arrival.
China also plans to replace the Tai Bao Zheng booklets with a travel pass, but this proposal may face some opposition from Taiwan as the pass is similar to travel cards held by Macau and Hong Kong residents and may be seen as a move toward placing residents of Taiwan under the territorial jurisdiction of China.
BAL Analysis: The changes represent significant easing of travel requirements for cross-strait movement. However, a work permit is still required for employment and work activities.
What is the change? Under a pilot program, Australia will offer 10-year multiple-entry visitor visas to Chinese nationals.
What does the change mean? Chinese travellers will be able to make repeat visits to Australia without having to renew their visas for 10 years.
Background: The visas aim to attract the growing number of Chinese tourists and compete with the U.S. and Canada, who have both recently extended 10-year visas to Chinese nationals. The number of tourists from China is expected to top 200 million by 2020, and Chinese visitors already contribute A$5 billion to the Australian economy. Business travellers conducting permitted business activities are also eligible for Visitor Visas.
BAL Analysis: The move comes on the heels of the China-Australia free trade deal signed Wednesday and represents another provision to liberalise movement and trade between China and Australia.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
What is the change? Australia and China have signed a landmark free-trade agreement.
What does the change mean? The China-Australia Free Trade Agreement, or ChAFTA, was crafted to provide greater access to Australia and China for business visitors, intra-company transferees, contractual service suppliers and company executives.
Background: Australian Minister for Trade and Investment Andrew Robb and Chinese Commerce Minister Gao Hucheng signed ChAFTA Wednesday after the deal was agreed to in principle in November 2014.
Australia’s commitments under the agreement include providing stays of four years, with possible extensions, for Chinese intra-corporate transferees and contractual service suppliers; stays of up to three months for Chinese installers and servicers; stays of 90 days for business visitors or six months, with possible extension, for business visitors who are service sellers; and stays for spouses and dependants equal to the stays provided to principals, provided that period is for at least 12 months.
China’s commitments under the agreement include providing initial stays of up to three years for intra-corporate transferees (including executives, managers and specialists); initial stays of up to one year or the duration of the contract for contractual service providers; stays of up to 180 days or the duration of the contract for installers and maintainers; stays of up to 180 days for business visitors; and stays for spouses and dependants equal to the stays provided to principals, provided that period is for at least 12 months.
ChAFTA follows similar agreements between Australia and Japan (JAEPA) and Australia and South Korea (KAFTA). The Australia-China agreement may be the most significant for Australia, however, as China is the country’s biggest trading partner.
BAL Analysis: It will still take some time for the agreement to enter into force; however, ChAFTA represents a liberalisation of barriers across many categories of workers, business visitors and investors.