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IMPACT – MEDIUM
What is the change? Police in Shanghai have begun strictly enforcing foreign registration.
What does the change mean? Police are conducting random checks at residential compounds to determine whether foreign nationals living in Shanghai have registered their street addresses with local police as required.
Background: China’s Exit and Entry Law went into effect on July 1, 2013, and requires all foreigners to register with local police within 24 hours of their arrival. Hotels are required to provide this information to the police, but foreign nationals not living in hotels must do so on their own. Foreigners must register upon arrival, when they move or when their passport changes. A foreigner who fails to register can be fined up to RMB 5,000. Police in Shanghai have been strictly enforcing the law, conducting random checks at residential compounds. However, each police station can impose fines at their discretion. Some police stations give foreigners up to 72 hours to register.
BAL Analysis: Employees should be aware of the increased enforcement of this rule. They should make sure to register within 24 hours of arrival. Those living in hotels and apartments should contact management hotel reception and apartment management to make sure they are registered.
This alert has been provided by the BAL Global Practice group and our network provider located in China. For additional information, please contact your BAL attorney.
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What is the change? The Qingdao Labor Bureau now requires that educational degrees be legalized in the applicant’s home country.
What does the change mean? The change will lengthen processing times for initial employment licenses and work permit transfers.
Background: Under the new requirement, foreign employees must legalize their original educational degrees at a Chinese embassy or consulate in their home country. In another change for foreigners in Qingdao, the Public Security Bureau will allow those applying for residence permits to travel domestically while their application is pending. The bureau will still retain the applicant’s passport, but will now issue a receipt with a photo that can be used as identification for travel within China only. The individual will have to show the receipt to get their passport back when the residence permit is ready.
BAL Analysis: Employers and assignees should plan extra time to complete the legalization process.
IMPACT – Medium
What are the changes? After a highly-publicized case of a foreign teacher accused of sexually assaulting students, Hangzhou has become the second city to require foreign applicants to submit a Non-Criminal Certificate for work permits, expert permits and employment licenses.
What does the change mean? The change adds another document-gathering challenge for foreign nationals, and may be a particularly onerous and time-consuming step for those already living in China.
Background: As of Nov. 15, the Hangzhou Labor Department will require foreign nationals to submit a Non-Criminal Certificate for all applications for new and renewal work permits, employment licenses and expert licenses. This includes workers in China who change employers.
The change in policy comes on the heels of a high-profile case in which an American teacher was accused of molesting six children at an elite French school in Shanghai. Outraged parents demanded greater scrutiny of workers’ criminal backgrounds. Hangzhou is the second city to require foreign workers to prove they have a clean criminal history. The Beijing Labor Department was the first to adopt the rule in July.
Applicants must get this document in their home country from their local or federal police department, depending on where they live. The Non-Criminal Certificate must then be legalized by the Chinese consulate that has jurisdiction over the employee’s place of residence.
BAL analysis: The rule in Hangzhou will add another step that employers and workers should calculate into overall processing times. Now that two cities have adopted this additional requirement, which is also under consideration in Shanghai, more cities throughout China will likely follow in the coming year.
This alert has been provided by the BAL Global Practice group and our network partner in China. For additional information, please contact GlobalVisaGroup@bal.com.
IMPACT – High
What are the changes? Effective immediately, foreign students studying at universities outside of China will no longer be issued letters of invitation for internship/training visas; students already holding such visas will not be allowed to extend them.
What does the change mean? The change will have a significant negative impact on internship and training programs for most foreign students in China.
Background: The Ministry of Foreign Affairs announced an official policy to stop issuing Letters of Invitation to most foreign students. Chinese embassies and consulates have already begun rejecting applications for internship and training visas by foreign students studying at universities outside of China. However, foreign students currently studying at a Chinese university may be eligible to participate in an internship or training program, as long as they receive permission through the Public Security Bureau first.
BAL analysis: Applicants who have already received letters of invitation should expect their visas to be rejected.
This alert has been provided by the BAL Global Practice group and our network provider located in China. For additional information, please contact GlobalVisaGroup@bal.com.
IMPACT – Low
What are the changes? China has added the southwest municipality of Chongqing to its list of cities allowing 72-hour visa-free stays for travelers from 45 countries.
What does the change mean? Travelers from any one of 45 approved countries landing at Jiangbei International Airport in Chongqing will get visa-free processing, allowing stays of up to 72 hours.
Background: Chongqing is the fifth city that China has opened to 72-hour visa-free travel. The program was launched on Jan. 1, and now includes Beijing, Shanghai, Guangzhou, Chengdu and Chongqing.
Travelers must be from one of the 45 countries, including the U.S., the U.K., Canada, Brazil, Mexico, Singapore and most EU countries. Travelers must also have purchased plane tickets departing within 72 hours of their arrival for onward travel to a third country or region, and they must hold a visa for the destination country.
BAL analysis: The visa-free transit will ease hassles of getting a visa for travelers from the 45 listed countries who are visiting for short stays within the five areas.
In Shanghai, a new rule places restrictions on foreign dependents of some overseas workers. Effective immediately, dependent family members of workers in Hong Kong, Macau and Taiwan, as well as Chinese nationals residing overseas, will only be granted L visas for 90 days at a time. The 90-day rule applies no matter how long the principal holder’s residence permit is valid. Previously, dependents did not need to renew their residence permits until the principal holder’s was also expired. When the L visa expires, the visa holder must exit China and apply for a new single-entry, three-month L visa at the Chinese diplomatic post overseas and then enter China again. The L visa cannot be extended in China.
Specifically, the rule applies to:
So far, the new rule only applies in Shanghai. It is unknown whether other cities will adopt the change. It is possible that regulations governing this situation may change again after Sept. 1, when the new Exit-Entry Law is scheduled to go into effect. The new law will implement changes to many visa types.
Effective today, most foreigners must submit original marriage and birth certificates for dependent visa and residence permit applications in Beijing. The change only applies to Beijing at this time, but impacts most foreign applicants and those who are already working in the city. Specifically, the rule applies to initial applications, renewals, changes and cancellations of visas and residence permits for spouses and children under the age of 18. To be prepared for the new requirement and prevent delays, foreign workers should obtain original copies of documents in advance for their family members. As part of the application process, officials will examine, but not retain, all original documents.
As China implements its new immigration law, many changes are likely to be announced; this is the most recent. BAL will provide updates as information becomes available.
Starting Monday, employers must comply with a new document requirement for most applications submitted in Beijing. The original business license of the company involved must be provided for all visa and residence permit applications filed at the Beijing Public Security Bureau.
Employers should be aware of the revised requirement so that applications can be filed in a timely fashion.
On Monday, the State Council released regulations governing the Exit-Entry Administration Law. The rules, which are scheduled to go into effect on Sept. 1, lay out the new visa types and purposes as well as some of the documents required to file applications.
There are significant differences between the draft legislation that was released on May 3 and the official regulations in Order No. 637, which were published on July 22 and are scheduled to be implemented on Sept. 1. Most notably, no information was released on the division between the short-term Z-1 and long-term Z-2 employment categories that were originally proposed in the May draft regulations. Furthermore, the definition of unauthorized employment differs from the draft regulations. It remains to be determined how the new regulations will be interpreted and enforced.
The new regulations outline and define the new visa and residence certificate categories, definitions of illegal residence, reporting requirements for employers, rules regarding off-campus jobs and internships for students, fines and penalties for unauthorized employment, definitions of ineligibility, and definitions of stay and residence.
As soon as further details are released by the Exit-Entry Administration, it should become more clear how employers can remain compliant regarding day-to-day client scenarios. Currently, it is uncertain how regulations will govern situations such as short-term employment and working in a province other than that where a work permit was originally issued.
Visa Categories
According to the new regulations, applicants must provide a completed application, his or her original visa and a passport photo, as well as required documentation specific to the visa type. Below is a basic guide to the new visa types, who they apply to, and some specific documentary requirements for each category:
Please note that “short-term” is defined by the new regulations as 180 days or less, and “long-term” is defined as more than 180 days.
Additional guidelines on the implementation of these rules will be issued by the Chinese government and regional administrations over the coming days. BAL will provide updates as more details become available.
For additional information on Chinese immigration matters, contact GlobalVisaGroup@bal.com.