IMPACT – MEDIUM

Officials have launched a “Chinese Consul” mobile app that provides immigration services to Chinese citizens in the United States.

Key Points:

  • As of May 31, Embassies and consulates in the U.S. only accept applications for passports and emergency travel permits from Chinese nationals through the app.
  • As of June 7, the “Online Appointment System for Passport Application Overseas” is no longer used at Chinese embassies or consulates in the U.S.

Additional Information: Chinese citizens with special emergency needs can still contact embassies and consulates in the U.S. through mail or telephone. Detailed instructions on how to use the application are available here.

BAL Analysis: The new application is intended to streamline consular services provided to Chinese citizens in the U.S. BAL will continue to monitor news related to the application.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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 – HIGH

Chinese officials recently outlined the procedures recipients of “non-inactivated” U.S. COVID-19 vaccinations should follow when applying for QR health codes to travel from the U.S. to China.

Key Points:

  • Vaccination doses. Travelers should complete “all prescribed doses” of their COVID-19 vaccine before planning travel. More information on the required doses is available here.
  • PCR and IgM antibody test. Travelers must take PCR and IgM antibody tests before traveling. Officials have stressed that because non-inactivated vaccines may yield positive IgM antibody tests, applicants should ask test centers to complete a second IgM antibody test for the N protein if an initial test for the S protein is positive. Applicants should consult the relevant Chinese embassy or consulate’s webpage for information on which testing centers are designated for purposes of obtaining a QR health code. Travelers should also give consent to the testing institutions to provide test results to the relevant embassy or consulate.
  • Letter of Commitment. Travelers must complete a “Letter of Commitment on COVID-19 Vaccination,” providing information about their COVID-19 vaccination. They must attach a copy of their vaccination certificate, e.g., their CDC COVID-19 vaccination record card. Commitment letters can be obtained on the relevant embassy or consulate webpage.
  • Documentation requirements. When applying for a QR health code, travelers must provide (1) their PCR/IgM antibody test records, including results of their N protein antibody test, if applicable; (2) their letter of commitment; (3) their vaccine certificate; and (4) copies of their passport and valid Chinese work permit/residence permit.
  • Verification. The relevant embassy or consulate will verify the authenticity of vaccine and testing records, including contacting vaccination institutions or testing centers when necessary. Officials will not issue QR health codes if applicants provide false statements or records or if the authenticity of records cannot be verified.

Additional Information: Travelers who have received a Chinese-made “inactivated” vaccine should follow the same process described above only they do not need to request the N protein antibody test. Applicants with a negative PCR test and positive IgM antibody test result after being vaccinated with an inactivated vaccine can apply for a health code as usual. Unvaccinated travelers may still complete “double testing” and apply for a QR health code through the WeChat App (for Chinese nationals) or online through this website (for non-Chinese travelers). More information is available here.

Analysis & Comments: Travel to China remains restricted. Applicants in the United States must have an urgent reason to travel to China and must contact the embassy or consulate with jurisdiction over the location of the airport of final departure to get their travel approved before departing. While unvaccinated travelers can still apply for a QR health code to travel to China, they will likely only be approved in the most urgent of situations. In Deloitte’s experience, inoculated travelers have a better chance of obtaining a QR health code than those who are not inoculated with a similar urgency to travel to China.

The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in China and other countries.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

Foreign nationals in Beijing and Shanghai are now eligible for COVID-19 vaccines.

Key Points:

  • Beijing. Foreign nationals aged 18 and older in Beijing are now eligible for COVID-19 vaccinations provided their participation is voluntary, they give informed consent and are willing to assume personal responsibility for the risks involved. Foreign nationals working in Beijing should make appointments through their employers. Foreign teachers and students in colleges or universities should make appointments through their institutions. Other foreign nationals should make appointments through their residential community offices. More information is available here.
  • Shanghai. Foreign nationals in Shanghai who meet age requirements may be eligible for COVID-19 vaccinations provided their participation is voluntary, they give informed consent and are willing to assume personal responsibility for the risks involved. Those who are covered by medical insurance in China will be subject to the same treatment as insured Chinese citizens, while those who are not insured will be responsible for the cost (RMB 100 per dose). Appointments can be booked online through the Jian Kang Yun (Health Cloud) app. More information is available here.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

Chinese officials have implemented changes to travel procedures for residence permit holders traveling to China from certain parts of the United States.

Key Points:

  • Travelers who (1) hold valid Chinese residence permits for work, personal matters or reunion and (2) are flying to China from areas in the jurisdiction of the Chinese consulates in Chicago, Los Angeles or San Francisco, must submit a copy of their passport, a copy of their residence permit, and a reason or reasons for travel to China before booking travel or taking the required COVID-19 tests. This information must be provided by email to the relevant consulate.
  • Consular officials may request additional information before approving travel. In some cases, for example, people holding residence permits for work have been asked for an explanation of why their travel is necessary or urgent. Officials may also request a letter from the relevant local government organization in China explaining the necessity of travel and other information.
  • The travel requirements do not apply to Chinese citizens or foreign nationals who secured Chinese visas on or after March 26, 2020.
  • Consular officials “strongly suggest” that foreign nationals in China who hold residence permits for work, personal matters or reunion avoid unnecessary travel abroad and consider the difficulty of returning to China before they leave the country.

Analysis & Comments: COVID-19 travel and immigration policies continue to evolve, and those planning travel to China from the United States or other countries may wish to consult with Deloitte.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

Officials will provide “visa facilitation” to foreign nationals who have taken a Chinese-made COVID-19 vaccine, according to statements posted to a number of Chinese embassy websites. The change will allow eligible applicants to apply for visas under pre-pandemic rules.

Key Points:

  • China has barred entry to most foreign travelers during the COVID-19 pandemic, but has indicated it will now accept visa applications from foreign nationals who have received a Chinese-made COVID-19 vaccine and are traveling to Mainland China to resume work, for business or for “humanitarian needs,” including reuniting with family members.
  • Visa applicants are encouraged to check statements published by the relevant Chinese embassy or commissioner’s office for more information. Among those that have published statements so far this week are embassies and commissioner’s offices in Belarus, Hong Kong, India, Italy, Japan, Pakistan, the Philippines, Sri Lanka and the United States.

Additional Information: Earlier this month, China launched an International Travel Health Certificate for Chinese citizens. The certificate shows COVID-19 test results and vaccination status and contains an encrypted QR code that can be used by authorities in various countries to verify authenticity. The certificate can be displayed electronically or printed.

Analysis & Comments: The change will ease travel to China for some foreign nationals, though travelers should note that the visa facilitation is only available at this time to applicants who have received a Chinese-made vaccine.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

Shanghai has implemented new work permit policies aimed at accelerating the city’s growth as a global technological innovation center. The new policies include expanding the type of workers eligible for Category A work permits, permitting some foreign scientific and technological workers in Shanghai to find part-time jobs and easing application requirements for investors, entrepreneurs and foreign experts.

Key Points:

  • Category A expanded. In China, foreign workers are generally categorized in three groups: Category A for “top talent,” Category B for “professional talent” and Category C for “other workers” (i.e., seasonal workers, conditional foreign interns/graduates, etc.). Officials in Shanghai have now expanded Category A so that besides global entrepreneurs and leading scientists, it also includes foreign scientific and technological researchers and Ph.D. holders in science, engineering, agriculture and medicine. Qualifying workers can apply for R visas, which are valid for up to 10 years. Accompanying family members can also apply for R visas with the same validity period.
  • Part-time jobs. Foreign scientific and technological researchers can now hold part-time jobs in addition to their primary employment. The part-time job must be related to their full-time work, and employees must obtain pre-approval from the Science and Technology Commission of Shanghai Municipality before lodging an application. Employees must also obtain consent from their full-time employer and must sign a written agreement with both the full-time and part-time employer. If the employee departs his or her full-time work, the part-time job will be rendered invalid.
  • Requirements for investors/entrepreneurs. Foreign nationals who invest or engage in local innovative business will be eligible for eased requirements related to age, education and work experience when they apply for their first work permit. Up until now, applicants had to be under the age of 60, have a bachelor’s degree and at least two years of relevant work experience. These requirements can now be waived on a case-by-case basis.
  • Foreign experts. New age, education and work requirements are forthcoming for foreign experts who hold international vocational certificates or have skills that are in urgent demand in Shanghai. While officials have not indicated what the precise new requirements will be, they have said that applicants up to the age of 70 will be accepted, whereas the previous age limit was 60. Qualifying foreign experts will be granted two-year work permits.

Analysis & Comments: The recent changes in Shanghai are consistent with China’s broader efforts to bring top global talent in competitive fields to the country. Employers who wish to determine whether their employees may qualify for work permits under the new rules are encouraged to work closely with Deloitte.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

The Chinese government recently announced new entry measures for travelers with COVID-19 vaccinations.

Key Points:

  • Effective Feb. 1, travelers intending to enter China who have received the COVID-19 vaccination must upload the following documents to apply for a green health code or certified health declaration code: a vaccination certificate, including name, product name/manufacturer, date of vaccination, and issuing institution; and a negative nucleic acid and IgM anti-body test certificate. The health code or the certified health declaration code will be issued after the verification and consideration of the submitted documents.
  • Travelers who have received the COVID-19 vaccination outside China who are flying to China from a third country are required to apply for the health code or certified health declaration code in advance from the Chinese Embassy or Consulates from where they are departing. More COVID-19 vaccine information is available here.

Analysis & Comments: The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

China recently announced it has temporarily suspended the entry of foreign nationals from ten countries.

Key Points:

  • Foreign nationals from the following countries are temporarily not allowed to enter China:
    • Bangladesh (view announcement here)
    • Belgium (view announcement here)
    • Ethiopia (view announcement here)
    • France (view announcement here)
    • India (view announcement here)
    • Italy (view announcement here)
    • Philippines (view announcement here)
    • Russia (view announcement here)
    • United Kingdom (view announcement here)
    • Ukraine (view announcement here).
  • Entry by holders of diplomatic, service, courtesy, or C visas will not be affected.
  • The Chinese Embassy and Consulates in the relevant jurisdictions will no longer issue Certified Health Declaration Forms for these travelers.
  • Foreign nationals visiting China for emergency needs may apply for visas at a Chinese embassy or consulate.

Analysis & Comments: Only those who are exempt from the temporary suspension on travel from the countries listed above will be permitted to enter China at this time. Employers should take note and plan accordingly. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

China recently announced that foreign nationals with certain residence permits will be allowed to enter the country.

Key Points:

  • Effective Sept. 28, foreign nationals holding valid Chinese residence permits for work, personal matters and reunion will be allowed to enter China without applying for new visas.
  • Those with residence permits that expired after March 28 may apply for relevant visas by presenting their expired residence permits and supporting materials at Chinese embassies or consulates, provided purpose of their visit to China remains unchanged. More information is available here.

Background: The change follows China’s move in August to allow some foreign nationals with certain permits to apply for visas.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Authorities in Shanghai have updated work permit application processes.

Key points:

  • Applications for Category B and C Notification Letter of Foreigner’s Work Permit, Category B and C extensions of Foreigner’s Work Permit and all cancellation procedures can now be handled online by the employer, without onsite submission of paper documents. For Category A foreign high-end talent work permit applications, the usual processes will apply, also without the need for the onsite submission of paper documents.
  • For all online approvals, the approval period will be shortened by two working days.
  • For more information on extending the validity periods for foreign high-end talent and foreign professionals click here.

Additional Information: China made it possible for foreign nationals from a number of countries with certain permits to enter the country in mid-August. Please check Deloitte’s COVID-19 Digital Map, available here, for additional information on COVID-19-related travel and immigration restrictions.

Analysis & Comments: The Shanghai work permit application processes updates should make these processes more efficient for employers.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.