Spotlight on APAC Series – China

In our Spotlight on APAC series we round up the latest developments from across the region.   In this post we provide an overview of visa options for transfer of skilled staff to China.

Long-term transfers

The main work permit categories utilised are:

There are three categories of work permits in China, including:

• Type A – High level talent;
• Type B – Professional talent; and
• Type C – Temporary or seasonal workers or other non-technical or service-oriented workers that meet the needs of local labour markets.

 It is extremely important for businesses to consider the lead in time for obtaining work permit and residence visas for China.  There are, a number of stages, to the process and logistically applications can be tricky and document requirements very prescriptive.  Applications may take 2 – 3 months to be finalised.

Processes

The work permit process includes various steps covering stages of the application made outside of China and post-arrival processes to complete the application once the individual has entered China.

In brief, the Chinese employer will apply for a Notification Letter of Foreigner’s Work Permit by filing an online application with the administrative agency that has authority over the employer’s trade and industry. In some jurisdictions, the foreign national is required to undertake a medical examination before the Notification Letter of Foreigner’s Work Permit may be issued.

The foreign national applicant may then submit an application for a Z visa at a Chinese Consulate, embassy or visa office abroad at their place of residence before travelling to China. The Z visa is generally granted for a single entry valid for 30 days. Upon entry, the foreign national must obtain a work permit and a work-type residence permit. Individuals should note that upon arrival in China they must remain in China to complete all stages of the process.  Leaving China may negate the process with the result that the individual has to start the Z visa process again.

All stages of the process should be completed before the individual starts work in China.

 The time from the start of application to issuance of both the work permit and residence permit is generally about two to three months in first-tier cities, such as Beijing and Shanghai, and longer in others.

It is worth noting that the Chinese authorities can be quite arbitrary in the approach to applications.  Although applications are based on objective criteria, this can be very prescriptive and there is little or no flexibility around individual specific circumstances.  Approval of the application, is very much, at the discretion of the processing Officer.   The immigration authorities have wide discretion in requesting additional documents or information that are outside the published objective criteria.

Highly skilled individuals

Highly skilled individuals may apply for the Chinese talent visa (R visa), which is aimed at foreign nationals with special skills and attributes that are in short supply and urgently needed in China. The specific qualifications and eligibility requirements are set by the competent authorities of the Chinese government for inviting persons of high talent or urgently needed specialists.

Qualified foreign nationals will receive a Chinese government-issued confirmation letter for High Level Foreign Talents, which is a required document for the application. The visa is valid for five to 10 years and provides multiple entries with a period of stay for up to 180 days per entry.

Eligibility

It is important to note that academic qualifications and work experience/skillset is closely reviewed by the Chinese authorities.  Education verification and criminal records check process should be completed and in general, academic qualifications and professional qualifications need to be legalised by a Chinese embassy or consulate abroad for work permit applications. Exemptions may be available based on the work permit category and the discretion of local government authorities.

Whilst there are no specific quota limits applied to category A and B, there are limits for Type C set by the local government authority where the employer is located.   A resident labour market test is not required in China.

Note that there may be minimum salary requirements and employers should check these in advance.

If you would like more information on transferring staff to China please contact [email protected] or [email protected]