IMPACT – MEDIUM

What is the change? Further details on visa-free travel for citizens of Taiwan traveling to China have been released by Public Security Bureau officers in verbal confirmations and in public statements to the media.

What does the change mean? Taiwanese citizens will be able to enter mainland China with only a valid Tai Bao Zheng or, if they do not have a Tai Bao Zheng, they may obtain a temporary travel certificate upon arrival. Shanghai and Beijing have already stopped requiring Taiwanese travelers to obtain travel and residence endorsements. The Tai Bao Zheng is also expected to be replaced by an E-travel pass in the coming year.

  • Implementation time frame: Shanghai and Beijing began removing travel and residence endorsements June 23. Other changes take effect July 1.
  • Visas/permits affected: Travel endorsements, Tai Bao Zheng.
  • Who is affected: Taiwanese citizens.
  • Impact on processing times: The changes should reduce processing, as travelers will no longer need to obtain a travel endorsement for each entry.
  • Business impact: The changes will reduce costs and add convenience for Taiwanese travelers.

Background: As BAL reported last week, China’s State Council announced changes that would remove current visa requirements, known as travel endorsements, for Taiwanese residents holding valid Tai Bao Zheng. Additional details from the Public Security Bureau confirm that Taiwanese citizens who do not have a Tai Bao Zheng will be able to obtain a single-entry, temporary travel certificate upon arrival.

China also plans to replace the Tai Bao Zheng booklets with a travel pass, but this proposal may face some opposition from Taiwan as the pass is similar to travel cards held by Macau and Hong Kong residents and may be seen as a move toward placing residents of Taiwan under the territorial jurisdiction of China.

BAL Analysis: The changes represent significant easing of travel requirements for cross-strait movement. However, a work permit is still required for employment and work activities.

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.

IMPACT – MEDIUM

What is the change? Following a company’s misuse of Exit and Entry Permits, Taiwan has tightened its procedures for multiple-entry Exit and Entry Permits for nationals of mainland China.

What does the change mean? Among the changes is a new requirement that applicants notarize and authenticate the employment certificate for nationals of mainland China applying for multiple-entry Exit and Entry Permits.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: Multiple-entry Exit and Entry Permits.
  • Who is affected: Nationals of the People’s Republic of China applying for multiple-entry Exit and Entry Permits to Taiwan.
  • Impact on processing times: The changes will significantly increase processing times.
  • Business impact: Companies and affected nationals should start the process earlier and allow for more time when applying for Exit and Entry Permits.

Background: The stricter rules were triggered after a company filed for several Exit and Entry Permits misstating that the mainland Chinese nationals were traveling to Taiwan for short business trips when in fact they were tourists.

Under the new rules for multiple-entry Exit and Entry Permits, the employment certificate must be notarized in China by the public notary of the appropriate jurisdiction, which must forward a copy to the city’s notary association which will then send it to Taiwan. The original must be authenticated and submitted with the application for the Exit and Entry Permit. This process takes approximately four weeks.

BAL Analysis: Employers and PRC nationals should add several weeks into their timelines to accommodate the more complicated and time-consuming notarization and authentication procedures for multiple-entry Exit and Entry Permits.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

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.

IMPACT – Medium

What is the change? The Taiwanese government is gradually introducing a mandatory online visa process for all nationals of the Chinese mainland traveling to Taiwan for work or business.

What does the change mean? Employers in Taiwan must apply at the National Immigration Agency (NIA) for access before using the new process. There may be processing delays during rollout of the new system.

  • Implementation timeframe: In phases. First phase began Sept. 1, 2013; second phase begins Nov. 1, 2013; last phase begins Jan. 1, 2014.
  • Visas/permits affected: All business and work visas.
  • Who is affected: Chinese mainland nationals who intend to travel to Taiwan for business or work purposes.
  • Impact on processing times: There have been delays during rollout of the new system. Allow five to six weeks for the processing of new cases.
  • Business impact: Initially, processing delays may have negative impact on some businesses. However, it is hoped that eventually the online system will speed processing and benefit employers.
  • Next steps: Apply at the NIA for access before using the new process.

Background:

  • On Sept. 1, 2013, the new online system began accepting applications for entry and exit permits for business visitors and intracompany transferees from the Chinese mainland.
  • On Nov. 1, 2013, the system will begin accepting applications for professionals from the Chinese mainland working in the industries below, whether as independent contractors or as employees affiliated with a Taiwanese company:
  • Transportation
  • Education
  • Trade
  • Agriculture
  • On Jan. 1, 2014, the NIA will cease accepting paper applications. All professionals in every field and industry will be required to apply via the online system.

BAL analysis: Since processing delays will result from the online system launch, clients are advised to plan ahead. To avoid further delays, clients are advised to apply in advance with the NIA for access to the online system.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. 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.

Employers will soon benefit from raised caps on the percentage of foreign workers allowed in the work force, but they must also meet additional costs for these workers. Today, the Ministry of Economic Affairs (MOEA) announced that the limit on foreign workers will be increased to as much as 40 percent of an employer’s payroll. At the same time, employers will be required to pay foreign workers higher wages than before, and to allocate employment security commitments of $3,000, $5,000 or $7,000 in Taiwan New Dollars.

Although MOEA is still arranging the particulars of the plan – including effective dates – with the Council of Labor Affairs, it is expected that the changes will first go into effect in industries designated as 3K5. This label denotes fields considered dangerous, difficult or messy. BAL will provide details about implementation as they become available.

For additional information on Taiwanese immigration matters, 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.