Under the new law, PRC embassies, consulates, and other visa-issuing agencies outside of Mainland China are responsible for issuing visas (签证). (EEAL, art. 4). In narrow circumstances (e.g., emergencies) the public security bureau (PSB) at a port of entry (e.g., airport) can issue a single-entry visa valid for not more than 30 days (EEAL, art. 20).
Also, the public security bureau (PSB) can issue extension of stay visas (EEAL, art. 29; State Council regs, art. 12) or replacement visas to change the purpose of stay (State Council regs, art. 10) to foreign nationals in Mainland China. “Reasonable and sufficient” grounds must exist for seeking the new visa. (EEAL, art. 29).
What’s a Stay Permit?
Some categories of foreign nationals may be granted stay permits (停留证件) to enter China instead of visas or residence permits. For example, foreign nationals whose governments have reciprocal visa waiver agreements with China (e.g., tourists from Singapore, Brunei, and Japan) and persons transiting through Beijing, Shanghai, Guangzhou, or Chengdu within 72 hours. PSB is also authorized to issue them an extension of stay permit under appropriate circumstances.
What’s a Residence Permit?
The PSB issues residence permits (居留证件) to foreign nationals seeking to reside in China. Applicants abroad for J1, Q1, R, S1, X1, and Z visas intend to enter China for purposes of taking up residence. They must apply to the PSB for residence permits within 30 days of entry. (EEAL, art. 30; State Council regs, art. 9). Once issued, a residence permit can be used to enter China instead of a visa. (EEAL, art. 22).
What’s Permanent Residence?
A noncitizen with permanent residence in China may reside and work in China with no time limit. He or she may enter and leave China with a valid passport and permanent resident card.
Spotlight: Foreign Nationals Must Register at the Local Police Station within 24 Hours
If a foreign national stays in a hotel, the hotel will register his or her accommodation. If a foreign national stays in a domicile other than a hotel, the foreign national or his or her host must, within 24 hours after arrival, go through register at the local police station. Continue reading. ->
China is overhauling its immigration law regime. A new Exit-Entry Administration Law (EEAL), enacted by the National People’s Congress Standing Committee, became effective July 1, 2013. New State Council regulations became effective Sept. 1, 2013.
Beijing’s Zhongguancun Science Park has received approval from the Ministry of Public Security for a visa pilot program to take effect March 1. The policy is meant to lure foreign talent to help to continue to develop Zhonguancun as a national center for science and technology innovation. Zhongguancun covers 488 square kilometers and has more than 20,000 companies. Continue reading “New Visa Pilot Program in Beijing’s Zhongguancun Science Park”
May 27 (Monday) at 2pm: The State Council has released draft regulations to implement China’s new immigration law, which becomes effective on July 1. This panel discussion will cover key provisions of the law and regulations that foreigners and companies employing them should prepare for, such as:
See our firm’s attached article on the Exit-Entry Administration Law enacted June 30 by the National People’s Congress Standing Committee. This is the first overhaul of China’s immigration law since 1985.
State-controlled media is reporting that the draft Exit-Entry Administration Law being deliberated by the National People’s Congress may be enacted as early as “late June.” Unfortunately, the most recent draft has not been released for public review and comment.