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CHINA - New Requirement for Residence Permit Dependents Applying for Work Permit

A dependent who secures a job offer in China while residing in China under a valid Residence Permit may need to leave China in order to apply for their own work permit. This new rule applies to dependents holding Residence Permits issued on or after September 01, 2013. An exemption from this new rule may apply if the employment sponsor is a Regional Headquarters of a multinational business entity in China.

SHANGHAI - Change of Residence Permit Issuance for Common Law Partners

The Public Security Bureau in Shanghai has implemented new rules on Residence Permit issuance for de facto partners.

A Residence Permit may be issued to a common law partner who has a biological child with a partner currently in China.

A de factor partner applicant who is the biological parent of a child with the working partner in China must provide the following in support of the Residence Permit application:

• proof that they are both the biological parents by providing the original and legalized birth certificate of the child. The certificate must show the names of both parents, and;
• a cohabitation certificate issued by their home country’s consulate. It must confirm that the permanent residential addresses of the common law partner and principal applicant are the same.

If the child is an adopted child, the original and legalized adoption registration certificate must be provided. For couples with no children, the chance of approval is lower as they are only able to present a cohabitation certificate. In the event of rejection, the dependent partner will probably only be granted a 30-day Temporary Stay visa and will have to leave China at the end of that period.

An alternative action is to apply for the new “S2” visa. If granted, the visa will allow the holder with a single entry of a maximum of 180 days of stay in China. However, the S2 visa cannot be extended in China and the holder must leave China before the expiry date. Note that the case handling officer has absolute discretion in granting the S2 visa.

Crown is closely monitoring the implementation of the new regulations. Crown will promptly issue alerts as updates become available. We have observed overnight changes in immigration requirements since the new China immigration regulations came into effect in September 2013. We advise our clients to plan their travel trips carefully and to expect that additional time, documents and procedures may be required.

Disclaimer: The information is intended for general purpose only. Crown Relocations cannot be held responsible for any damage caused from using the information below.

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