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IMPACT – MEDIUM
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.
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.
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.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
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.
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.
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.