On October 25, 2013, AmCham South China and Guangzhou FESCO jointly sponsored a seminar by Guangzhou Municipal Public Security Bureau (PSB) Division of Exit and Entry Administration. The officer explained what the PSB is doing to implement China’s new Exit-Entry Administration Law and regulations. Continue reading “Guangzhou Visa and Residence Permit Update”
CBS News reports on U.S. pilots recruited to work in China while the local airlines industry completes the long-term project of training up its own pilots.
An S1 visa and the corresponding “residence permit for private affairs” are for family members of a foreign national working or studying in China, and the applicant’s intended duration of stay must be more than 180 days. Continue reading “S1 Visa and Residence Permit for Private Affairs (China)”
Asia-Pacific Economic Cooperation (APEC) economies stand to gain between 38 and 57 million additional international tourist arrivals by 2016 from visa facilitation. That’s the finding of this report by the UN World Tourism Organization (UNWTO) and the World Travel & Tourism Council (WTTC). Continue reading “The Impact of Visa Facilitation in APEC Economies”
The Beijing Municipal Public Security Bureau has published provisional procedures for visa and residence permit applications. These procedures, effective Sept. 5, were put into implement China’s new Exit-Entry Administration Law (effective July 1) and State Council regulations (effective September 1). The Beijing procedures are “provisional” because it’s expected that the Ministry of Public Security will at some point publish nationwide procedures that will preempt these local procedures. Continue reading “Beijing Provisional Procedures for Visas and Residence Permits”
This flow chart shows a typical process for applying for a Z (work) visa in China(a): Continue reading “Infographic: China Z (Work) Visa Application Flow Chart”
Chengdu has become the fourth Chinese city to offer 72-hour visa waivers to travelers passing through. Effective Sept. 1, travelers with Australia, Britain, Canada, France, Japan, New Zealand, Russia, South Korea and the United States nationality, among others, will be eligible. Continue reading “Chengdu Gets 72-Hour Transit Visa Waiver. Kunming Next?”
China’s new visa law has not meaningfully addressed visa policy concerns of EU Chamber of Commerce member companies, according to the organization’s 2013/14 Position Paper. Continue reading “EU Chamber of Commerce in China Position Paper on Visa Policy 2013/2014”
New visa regulations issued by China’s State Council went into effect yesterday, September 1. CCTV news interviewed immigration lawyer Gary Chodorow about how the new regulations will impact employers’ ability to attract and keep international talent. Continue reading “CCTV News on China’s New Immigration Law (Gary Chodorow Interviewed)”
The Ministry of Foreign Affairs has issued a bilingual Notice on Handling PRC Visa Applications spelling out China’s new visa categories. Continue reading “Ministry of Foreign Affairs Notice Spells Out China’s New Visa Categories”
The China Hangup podcast is a weekly discussion with social, business and political figures hosted by Eric Fish, Hudson Lockett and Nicole Sy for the Economic Observer newspaper. This week’s episode, “All About Visas,” covers China’s new immigration law.
Continue reading ““All About Visas”: Podcast by the Economic Observer”
The Ministry of Foreign Affairs has published a new Visa Application Form of the People’s Republic of China (Form v.2013). It should be used for all visa applications after September 1, 2013. The MFA announcement (in Chinese) is here.
AmCham China has just published its 2013 White Paper. Below is a brief introduction to the chapter on US and China visa policy, which I co-authored. Check it out. Continue reading “American Chamber of Commerce-China 2013 White Paper on Visa Policy”
I missed this earlier: The European Union Chamber of Commerce in China has published a Position Paper 2012/13 with some common-sense recommendations for China visa policy: Continue reading “EU Chamber of Commerce in China Position Paper on Visa Policy 2012/2013”
(Click here to see if the rules remain in effect.) Continue reading “Rules for the Administration of Employment of Foreign Nationals in China”
Applicants for China visas should submit a photographs taken within the last 6 months. The background must be white, with no shadows over the face or background. Continue reading “Photo Requirements for a Chinese Visa Application”
Public Notice  No. 17
Oct. 31, 1994
“Notice on Curbing Illegal Employment of Foreign Nationals in China,” by the Ministries of Public Security, Labor and Foreign Affairs
To the government of every province, autonomous regions, and municipalities directly controlled by the central government:
Recently, the number of foreign employees is ever-increasing with China’s economic development and opening up. Meanwhile, illegal employment has appeared in many places. Some overseas students work without authorization and illegally reside in China, and some hotels, restaurants, and dance halls illegally employ personnel from the Philippines and the Commonwealth of Independent States as servers or as companions to customers who come to sing, to drink and to dance, or even in pornography. Illegal employment has gone from being scattered and small-scale to organized and widespread. The number of illegal employees is increasing day by day. In 1993 alone, almost 800 foreign nationals were found illegally employed and expatriated. In Shenzhen in December, 223 instances of illegal labor were uncovered in one investigation.
It violates the Law on the Entry and Exit of Foreign Nationals for foreign nationals to work illegally in China. It not only is harmful to the public security, but also brings disorder to the labor market in China, thus infringing upon the interests of Chinese. Those foreign nationals who engage in regular labor compete with Chinese citizens for jobs. So it is not helpful to the stability of the labor market.
There are four main causes of illegal work. First, many work units, even press units, have an incorrect understanding of illegal employment of foreign nationals. They incorrectly believe that illegal employment is a normal phenomenon created by the reform and opening up policies, so they don’t support the public security and labor departments’ regulations, or even intervene in law enforcement. Second, some units that issue invitation letters and issue visas do not check strictly, and import laborers blindly. Third, some hotels, restaurants and recreational sites employ foreign nationals illegally in spite of laws and regulations in order to pursue economic benefits. Fourth, to get excessive profits, some units and persons import labor and introduce foreign nationals to work in China illegally.
In recent years, local public security bureaus have overcome difficulties, and the campaign against illegal employment has taken effect; however, there are still many problems existing. In order to ensure the healthy development of the Chinese labor market and provide more opportunities to Chinese citizens as well as maintain public security, illegal employment is banned in China. The details are as follows.
First, laws regulating foreign workers and prohibiting unauthorized employment should be strictly enforced. More and more foreign laborers will come to China and work here with the improvement in China’s economy. Since we have a large population and a labor supply that surpasses our needs, we need advanced technical and managerial expertise and foreign nationals who have special skills. This should be done by reporting and obtaining the approval of the higher administrative departments. No work unit or government department branch shall bring in foreign personnel or import laborers under the false guise of “exchange” or “training.” Hiring foreign nationals to provide general services such as servers or hostesses is also prohibited. Foreign nationals are also prohibited from providing massage to the opposite sex or performing in transsexual shows, etc.
The units that are authorized to issue visas shall strictly conform to Chinese regulations. They shall not send invitations to those foreign nationals who provide general services in China. Violations of the regulations will be strictly dealt with. In cases of serious violation, a unit’s right to issue invitation letters will be terminated and that party will face liability.
Second, management of foreign employees will be based on their identity and reason for coming to China. Anyone who comes to hold an office or work here shall first acquire work visas, except those personnel whose countries have signed the visa waiver agreements with China. Those who hold the travel, visitor’s, study abroad, transit, or flight attendant visa or those who are from the countries that have signed visa waiver agreements with China shall not work without permission, and any unit shall not employ them without authorization.
The following persons who need to be permanently stationed in China shall enter China with a Z visa and acquire a residence certificate, including a foreign chairman of board, vice chairman, managing director, deputy managing director, factory director, factory vice-manager of Sino-foreign JV, equity JV and wholly foreign owned entity (WFOE) and foreign chief representatives, representatives and deputy representatives of the resident representative offices of overseas companies. If another kind of visa is held, and it’s necessary to be permanently stationed in China, then in principle, the practice is that they need to exit and acquire the work visa and then re-enter China. In the special situation where the foreign national’s status must be changed, several relevant evidentiary materials such as the approval document, registration documents, business license, and representative certificate of the Sino-foreign JV, equity JV, WFOE or resident representative offices of overseas companies are required. After checking those documents, public security bureau may change the foreign national to a work visa and issue a residence certificate.
Third, those who do not acquire residence certificates shall leave the country on schedule, and shall not work in China. Where there’s a special need, they can apply for authorization to work in China after getting the approval of provincial or higher department in charge. If the labor and public security departments agree, the labor department can issue an employment permit, with public security department changing the type of visa and issuing a residence certificate.
Foreign students are not allowed to work illegally in China, and must leave after graduation on schedule.
Fourth, the departments of public security, labor and foreign affairs must cooperate, communicate and coordinate with each other to regulate the employment of foreign nationals in China. Propaganda shall be strengthened so that the public can know and obey the rules, and departments shall provide oversight. The labor department shall check and issue the employment permit by strictly conforming to Chinese regulations. The public security department shall investigate and deal with the legal employment of foreign nationals in coordination with the departments of labor and foreign affairs. In particular, intermediary units and persons that illegally introduce work to foreign nationals shall be harshly treated, with any illegal gains confiscated. Where the situation is serious and consistent defiance of regulations exists despite prior warnings, harsher penalties will be carried out. The campaign against illegal employment has been very effective this year. Anyone who is found being illegally employed shall be promptly repatriated back to his mother country. The employing work unit is liable for the fees needed to repatriate illegal employees.
Governments in every province, autonomous region and municipalities directly controlled by the central government shall require their departments of public security, labor and foreign affairs to formulate detailed measures and strengthen supervision and inspections, as well as provide funds for the oversight of foreign workers.
公安部 劳动部 外交部
Ministry of Labor General Office Notice Regarding Implementing the “Regulations on the Management of Employment of Foreigners”
Labor Order  No. 65
Apr. 19, 1996
Shanghai Daily reports that hiring Filipino domestic workers is popular in the city. They’re apparently “well-known” by wealthy Shanghainese and expats “for their English and housekeeping skills.” Continue reading “Filipino Domestics Working Without Authorization in Shanghai”
Published below are the Rules on Management of Foreign Students Enrolled in Institutions of Higher Education, published jointly by the Ministries of Education, Foreign Affairs, and Public Security on Jan. 31, 2000 and still in effect. (Source) Continue reading “Rules on Management of Foreign Students Enrolled in Institutions of Higher Education”