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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.
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.
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.
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.