Immigration: China
Comprehensive immigration profile on China for those considering a relocation.
Every month, Move One issues a series of articles on Immigration, Moving, Relocations and Pet Transportation to the numerous countries in which it is present. These articles provide a host of information to expatriates as they prepare to make their next big move. This month’s series profiles Moving to China.
Officials, responding to China’s need for immigration regulation, have recently begun to draft the country’s first set of standardized immigration laws. Currently, entry visas are processed at the national level, yet individual cases are administered and regulated locally. Processing standards can vary significantly depending on the locality, leaving international travelers struggling to interpret sometimes ambiguous, regional guidelines. Although not yet in effect, the new regulations will in theory provide a greater degree of predictability for travelers.
In the meantime, however, companies wishing to do business in China need to familiarize themselves with both national and local immigration requirements. Experienced immigration professionals at Move One can provide assistance at every stage of process, from submitting the initial visa application in the home country, to completing necessary permit and registration paperwork in China.
Before you go
In order to avoid an unnecessary delay in travel, it is important to ensure that each of your employees and their family members have appropriate visas. Move One can provide an initial assessment of your immigration needs given the following information:
- Contact details of assignee
- Names of family members accompanying the assignee, and their relationship to the assignee
- The respective nationalities of the assignee and his/her family members
- Confirm whether individuals have multiple passports
- Confirm that passport is valid for at least six months from the time of the visa application
- Scheduled start date of assignment
- Whether a previous trip is scheduled before the current start date
- Current country of residence
- Current visas held by assignee
Short-term business visitors
Chinese authorities differentiate among the types of visas needed by the length of stay and the purpose of the visit. In general, a business visa (F-visa) is issued to applicants who are invited to China to engage in limited business, to attend events that are commercial in nature, to participate in short-term workshops, and to make sales calls to potential clients provided that the business visitor represents a commercial entity outside of China.
In order to apply for a short-term (30-day) business visa, an invitation letter from the relevant authority or a company in China is necessary. Once the letter has been issued, the original paper needs to be couriered to the applicant, as it must be submitted alongside the visa application to the Chinese Embassy. Documents should clearly outline the purpose of the visit, and the visa should be obtained prior to departure. Such stays are limited to 30 days or less, regardless of the stated validity of the F visa. If qualified visitors would like to extend their stay beyond the 30-day maximum, he/she may apply to the relevant authorities for an extension. Business travelers wishing to stay beyond a 90-days maximum will have to return to their home countries to apply for an appropriate visa.
Citizens of Singapore, Brunei and Japan who hold standard passports may come to China for the purpose of business without first obtaining a visa, provided that they do not stay longer than 15 days. Should these travelers wish to extend their stay in China beyond the 15-day limit, they may stay, but must apply for a business visa. This can be arranged without leaving China.
You can view a more detailed outline of short-term business travel to the People’s Republic of China at the Immigration Country Profiles section of Move One’s website.
After Arrival
Short-term business visitors that reside in hotels for the duration of their stay in China are not required to independently register their presence with local authorities. All visitors staying in private accommodation, however, must register at the local police station within 24 hours of arrival.
Multiple Entry Work Visa
Employees that plan on undertaking productive labor in China must first obtain a type-Z work visa prior to arrival. This will allow the employee to apply for employment and residence permits once in China. It is important to check with an immigration specialist in advance regarding both the national and local permit requirements, as each city has its own immigration and labor bureau process. Procedures may therefore vary depending on the destination city.
The general application procedure for a Chinese work visa can be divided into six stages. The process outlined below pertains to employees of a limited liability company on a Chinese payroll:
- Employee must obtain a company identity card. This only has to be applied for once, and does not need to be renewed with each subsequent visa application.
- The host company must sponsor the foreigner for an employment license or a foreign expert license. Only highly skilled professionals with proof of education, training and experience may apply for a foreign expert license.
- The visa application needs to be submitted at an embassy or consulate in the home country. At this time the host company must apply to the Ministry of Foreign Affairs in China for a letter of invitation. The “Z” work visa is a type of entry permit, and is usually valid for 90 days during which time the visa holder must enter China.
- Residence registration. Transferees must register at the local police station in the district where they reside within the first 24 hours of arrival.
- Employment permit application. Foreigners who have obtained an employment license must apply for an employment permit at the local labor department. The permit application must be submitted within the first 15 days of their stay in China. Those in possession of a foreign expert license need to apply for the corresponding foreign expert employment certificate.
- Residence permit application. Once an assignee has been issued an employment permit or expert license, he/she must apply for a residence permit. This must be done within 30 days of arrival. All accompanying family members must also obtain residence permits. Both the employment and residence permits correspond to a specific jurisdiction. As such, foreigners may not relocate outside the area as defined by the permit, and employees are prohibited from transferring to a new employer during their stay.
Special provisions apply to residents of Hong Kong, Macao, Taiwan, and PRC passport holders who have permanent residency status outside of China. Please check with Move One regarding which process applied to your specific case.
After Arrival
Local registration of foreign citizens must be arranged within 24 hours of their arrival in China. Keep in mind that the Z visa is only valid for three months and one entry. The holder of a Z-visa must go through residential formalities via the local public security department within the first 30 days of entry into China.
Important to Note
- Medical Examination. Please keep in mind that China operates an exclusion policy for any person found to be have a mental disorder, HIV, syphilis, TB, or certain other infectious diseases. All screening should ideally be completed before arriving in China. The medical screening requirements can vary significantly according to the locality. In some provinces, examinations may only be completed at official hospitals or clinics after arrival. In others, test results must be submitted with the Z work visa application. Proof of HIV negative status is often required.
- Passports must have at least one blank page and be valid for a further six months.
- Relatives accompanying the employee must provide proof of kinship.
- Senior managers may be eligible to apply for employment and residence permits despite having entered the country on a separate visa, depending on the local jurisdiction.
- Applications from transferees over the age of 60 will generally be denied.
- Employees must have sponsorship from a locally registered company in China.
- The employee must live and work in the same locality as the sponsoring company.
- Noncompliance with the law has serious consequences, and may result in financial penalties, or limitations on future hiring.
If you are considering relocation to the People’s Republic of China, Move One can assist you in making the transition as efficient and seamless as possible.
Our articles are mainly for information purposes. Should you have any further questions regarding immigration issues, please do not hesitate to contact your global Move One immigration specialist, or send an e-mail to immigration@moveoneinc.com.
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