China Immigration Alert - New Entry and Exit Law Effective September 1, 2013
August 1, 2013
The State Council of the People’s Republic of China has announced that the new immigration regulations will be effective from September 1, 2013.
The 39-article regulations will replace the previous regulations issued in December 1986.
Key points from China’s new entry and exit laws:
• Professionals – High-level foreign professionals and individuals with talent in high demand will receive a new R-visa.
• Family Reunion – Any Chinese national with a family member or adopted children will receive a new Q-visa.
• Relatives – A Spouse, parents, parents-in-law and children under 18 related to a long-term staying work visa holder in China will receive a new S-visa.
• During the entry visa application process, China authorities may request a face-to-face interview. (Article 8)
• China authorities shall acknowledge visa extension and visa re-issuance applications within seven days. While the authority is withholding passports and travel documents during the application process, the applicant will have a valid immigration status. (Article 13)
• Local Public Security Bureau (PBS) may retain biometric identification, such as fingerprints, during the application process. (Article 16)
• When submitting a Residence Permit application of over a one-year duration, a medical examination report must also be submitted, completed within a six month period of application. (Article 16, Section 5)
• China authorities shall acknowledge Residence Permit extension, replacement and re-issuance applications within 15 days. (Article 18)
• PBS may access any application via phone interview, faceto-face interview, on-site audit and audit of any means to verify the validity of information provided. Applicant and local sponsoring entity must cooperate with the PBS. (Article 20)
• One of the following is defined as illegal staying in China:
1. Overstay in China after the visa period.
2. Overstay in China after the visa free period.
3. Visa holder is acting beyond the condition of stays.
4. Other illegal stay conditions (non specified) (Article 23)
• The sponsoring entity in China must report to the PBS in one of the following conditions:
1. Visa holder resigns or change jobs.
2. A foreign student no longer attends school.
3. Visa holder violates condition of stays.
4. Visa holder is deceased or gone missing. (Article 26)
• Financial, educational, medical and telecommunications institutions can verify foreigners’ identities with the Exit-Entry Authority if they deem necessary.
• “Short-term” is defined as less than or equal to 180 days
• “Long-term” is defined as over 180 days
• “Processing days” is defined as working business days excluding holidays. (Article 36)
Crown Advices Our Clients As Follows:
• Remain patient as changes in immigration requirements may occur without notice.
• Plan travel trips carefully and expect that extra time, documents and procedures may be required.
Crown is closely monitoring the implementation of the new regulations and will promptly issue alerts as updates become available.
Click here to read the official new regulations.
Disclaimer: The information contained in this immigration alert is provided for general information purposes only and should not be construed as legal advice. If you have any questions regarding the applicability of this information, please contact Crown World Mobility or refer to the authors of this document.
Kit Tang, Regional Immigration Manager - Asia