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IMPACT – HIGH
What is the change? The State Council recently indicated that China will soon waive work permit requirements for residents of Hong Kong, Macao and Taiwan.
What does the change mean? Individuals holding a Mainland Travel Permit for Taiwan Residents or a Mainland Travel Permit for Hong Kong and Macao Residents will soon be able to work in mainland China without obtaining work authorization. Some cities, including Shenzhen and Guangzhou, have stopped issuing work permits to these residents. Other cities, including Beijing and Shanghai, continue to require work permits pending further notice. The Ministry of Human Resources and Social Security is expected to issue a regulation by the end of the month lifting work permit requirements for residents of Hong Kong, Macao and Taiwan across the mainland.
Background: The State Council announced on Aug. 3 that it would stop issuing work permits to residents of Hong Kong, Macao and Taiwan, providing an indication that such individuals will no longer be required to obtain work authorization (like foreign nationals do) to work in mainland China. Even after this change takes effect, however, residents of Hong Kong, Macao and Taiwan will still be required to meet other entry criteria before they can legally enter and work in mainland China. Authorities may also set up a new registration process, though details on this are not yet known.
BAL Analysis: The waiver of work authorization requirements for residents of Hong Kong, Macao and Taiwan is a major change that will mean, among other things, that these workers would be fully protected under Chinese labor and labor contract law. And while it will generally be easier for employers to employ residents of Hong Kong, Macao and Taiwan, they may see increased costs related to social insurance and housing fund contributions. Employers will likely have the option of assigning such workers to third-party employers, whereas now they can only work for the company sponsoring their work permit. Additional details are expected in the coming weeks as Chinese authorities will move to implement this change. BAL will continue following developments and will provide updates as information becomes available.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
Copyright © 2018 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 – MEDIUM
What is the change? Chinese immigration authorities have begun collecting fingerprints of all travelers aged 14 to 70 entering the country.
What does the change mean? Foreign nationals should be aware of the new requirement and plan to register their fingerprints electronically upon arrival.
BAL Analysis: To avoid entry delays, travelers should be sure to complete the fingerprint procedures upon arriving in China.
What is the change? A proposal has been submitted to the National People’s Congress to establish a new immigration bureau to manage immigration, border control, foreign residency, international migration agreements, entry and exit, and other matters concerning legal and illegal immigration.
What does the change mean? The bureau is intended to centralize immigration policy in light of the increasing number of foreign visitors and expatriate residents in China and is intended to promote policies to attract high-skilled foreign talent. The plan is expected to be approved this week.
The new bureau will be responsible for the following:
BAL Analysis: The introduction of a centralized immigration bureau signals that the central government will take a leading role in setting policy, specifically to target certain foreign skills that are in demand, although provincial authorities will likely implement their own individual procedures.
What is the change? Two months after central authorities issued guidelines easing immigration procedures for top international talent, the Shanghai Expert Bureau has confirmed that Foreign Talent (R) visas are now available to qualifying high-level foreign professionals seeking to live and work in Shanghai.
What does the change mean? The visas offer several benefits, including expedited work-permit processing and waiving of government processing fees. The visas are valid for five to 10 years for multiple entries of 180 days per visit. R visa holders may apply for work and residence permits directly with Shanghai authorities.
Background: Only those qualifying as high-level professionals – such as prestigious award recipients or nominees, renowned experts or scholars with outstanding talent, outstanding professionals within an organization, or others with special talents or possessing skills deemed to be in shortage in Shanghai – are eligible to apply. Applicants should obtain an approval letter from the Shanghai Expert Bureau before applying for the R visa at a Chinese embassy or consulate.
Applicants who want to work in Shanghai may convert in-country to a work permit and then a residence permit. Once the residence permit is issued, the R visa automatically becomes invalid. For applicants who plan to use a guarantee letter to support their application for an approval letter, the sponsoring Chinese entity must be on the Shanghai Expert Bureau’s list of companies deemed to be high-tech or otherwise qualified to use the guarantee letter. The guarantee letter must state that the applicant’s annual salary will exceed 600,000 renminbi (about US$95,000) and annual income tax will exceed 120,000 renminbi.
In January, three central authorities – the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security – issued joint guidance easing the procedures for R visas with the aim of attracting “top scientists, international enterprises and other talents with specific high-level skills that are in need in the development of the economy and society of China.”
BAL Analysis: The Foreign Talent visas offer significant flexibility and options for top-notch foreign talent in Shanghai. Other cities are expected to follow with their own procedures in coming months.
What is the change? Foreigners of Chinese origin are now able to apply for a new multiple-entry visa and residence permit that is valid for up to five years.
What does the change mean? The Chinese government has implemented a new residence permit specifically for foreign citizens with Chinese heritage. Applicants will need to prove Chinese heritage by submitting official documents issued either by the Chinese government or by the authorities in the country they are applying from.
Background: Before the new measure, foreigners with Chinese heritage could receive a one-year visa with a maximum residency of three years. Chinese officials were quoted in the media as saying they hope the new visa category will help foreigners of Chinese descent participate in China’s economic development.
BAL Analysis: The new visa will ease travel for foreign nationals of Chinese heritage seeking a residence permit in China, including employees who are already working in China. Travelers should note that work activities require work authorization. Countries with the largest number of overseas Chinese who may be eligible for the new residence permit option include Indonesia, Thailand, Malaysia, the United States and Singapore.
What is the change? China has lifted visa requirements for nationals of the United Arab Emirates.
What does the change mean? UAE nationals are now able to travel to China for short-stay business, tourism or to visit family without first obtaining a visa. Visa-free entry will be valid for stays of up to 30 days.
Background: Even before the change, the UAE allowed Chinese nationals to visit the UAE for 30 days without first obtaining a visa. Chinese officials have now lifted visa requirements for UAE nationals, saying it will help boost business and tourism between the two countries.
BAL Analysis: The visa arrangement will ease travel for UAE nationals traveling to China for business, tourism or to visit families. Travelers should note that work activities require work authorization.
What is the change? Angola and China have reached an agreement to provide preferential visit visas to each other’s nationalities.
What does the change mean? The arrangement is expected to significantly improve visa procedures and allowances for Angolan and Chinese nationals traveling to each other’s countries.
Background: Angola has been China’s largest trading partner in Southern Africa since 2007 and the agreement was signed this week in Luanda as part of a four-country African trip by China’s Foreign Affairs Minister Wang Yi. Although the details have yet to be published, the agreement is expected to mirror other such visa facilitation agreements that Angola has signed with other countries, and include the following benefits:
BAL Analysis: It is anticipated that the change will facilitate business travel and reduce the inconvenience of having to apply for a work visa in certain circumstances and a visit visa as frequently as required under the current visa regimes of both countries. BAL will continue monitoring developments and will update clients when an implementation date is announced or visa issuance begins.
This alert has been provided by the BAL Global Practice group. For additional information, please contact africa@bal.com.
What is the change? Chinese central authorities have announced guidelines to ease rules for the Foreign Talent (R) visa for high-level foreign professionals in science, international enterprises and other high-demand fields to develop the economy.
What does the change mean? The guidelines will allow qualifying professionals to obtain multiple-entry Foreign Talent visas of up to 180 days per stay with a validity of five or 10 years, and spouses and children would be eligible for the same visas. Applications may be filed online processed in five working days. Chinese authorities say the processing fee will be waived.
Background: The guidelines were issued jointly by three central authorities—the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security—and are intended to attract “top scientists, international enterprises and other talents with specific high-level skills that are in need in the development of the economy and society of China.”
Individual provinces are expected to implement the central authorities’ guidelines by clarifying definitions, criteria and procedures.
In Shanghai, for example, foreign “high-level professionals” are currently defined as being famous award winners or nominees, renowned experts or scholars with outstanding talent, outstanding professionals within an organization, or others with special talents or possessing skills deemed to be in shortage in Shanghai.
BAL Analysis: The guidelines will benefit top foreign professionals, especially in science, technology and other innovative fields, allowing faster processing, longer visits, and more flexibility for family members. BAL is following this development and will report further details as they become available.
What is the change? The Chinese Embassy in Copenhagen has introduced a pilot program requiring that some visa applicants attend an in-person interview as part of the application process.
What does the change mean? About 10 to 20 percent of applicants will be selected randomly for interviews during the trial period. The pilot program will continue for a short time and could lead to a permanent requirement later.
BAL Analysis: The change follows similar requirements recently introduced by Chinese embassies in other locations, including interviews for Z work visa applicants in London and mandatory biometrics appointments in Sweden.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2017 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? Immigration authorities in China will soon begin requiring applicants for work permit renewals to submit their applications between 90 and 30 days before the date when their initial work permit expires.
What does the change mean? Once the change is implemented, applicants for work permit renewals must submit their applications within the 90- to 30-day window. Those who fail to do so will be required to submit a new work permit application. Currently, work permit renewals are accepted up to the date on which work permits expire.
BAL Analysis: Employers and foreign nationals should take note of the new filing procedures for work permit renewals. Applicants who miss the 30-day cutoff will be forced to submit a new work permit application, a more complicated and time-consuming process then completing a renewal application.