The hottest business topic in China at present is the visa issue. Speculation is rife about whether the new visa regulations, in place since April, will endure beyond the Olympics, and whether, in fact, they may tighten further during the Olympic period.
In response, the British Chamber of Commerce in Shanghai hosted a legal
seminar on business visa policies on Friday. The upshot is a legal
consensus that the new visa issuing rules, though being implemented in
advance of the Olympic Games, are not specifically for the Olympic
period, but will most likely remain in place as part of a reform of
China’s immigration practice. Those hoping for “a return to the old
days” in October, as was widely predicted, will be disappointed.
The visas under discussion are: L visa (tourism); F visa (business); Z
single-entry visa (for applying for a residency permit), and a
residency permit. The details below are an interpretation of standard
practice as of 16 May, but are liable to possible change.
China has not stopped issuing F business visas, but different
conditions now apply. F visas can only be applied for in the
applicant’s resident country, Hong Kong is no longer an option for
China-based expatriates unless they hold a Hong Kong resident card.
Application for an F visa requires extra documents, notably an official
visa application letter issued by the relevant authority of the Chinese
government, a round-trip air ticket and confirmation of a hotel
reservation in China.
The length of the visa term has also been shorthened (typically to
30-60 days, with a maximum of two entries) and, while the F visa can be
extended within China, the extension period has also been reduced. To
renew an F visas, you must physically be in China, and it should take
around five working days (a valid travel certificate for travel within
China only will be issued to you while your passport is held for the
reissuing procedure).
However, no F business visas will be extended in China after 1 July,
although Shanghai – at present – will be exempt from this prohibition. The Chinese government has withdrawn the option for issuing and
renewing F visas to expatriates in Hong Kong to encourage them to apply
for a residency permit, and contribute to the Chinese income tax system.
The Z single-entry visa is issued to applicants with a job position in
China, and seeking to become resident. Applications must be made at the
Embassy or Consulate in the person’s home country, and the procedures
and required documentation as stated by Chinese visa authorities must
be strictly adhered to. However, British nationals, and those of some
other nations (check this very, very carefully before buying your
flight ticket!) can – at present – still apply (with the relevant
documentation) for a Z visa in Macau and Singapore, and – possibly –
Hong Kong. Having entered China, the application process continues
inside China. At present, there are no changes to the issuing rules for
Z visas.
Thirty-day tourist L visas are still being issued in the applicant’s
home country, but additional documents (a return air ticket, hotel
booking confirmation) are now required. There is limited ability to
apply for an L visa in a third country, though it is not unknown.
However, expiring L visas can be extended, once or twice, in Shanghai,
though allow a few days in advance of expiry for this. Different rules
may apply for Beijing.
There are 33 countries for which different visa application rules
apply. If you are on this list, you have to go back to your home
country to apply for a visa: Afghanistan, Tunisia, Algeria, Bangladesh,
Congo, Egypt, Gambia, Ghana, Guinea, India, Indonesia, Iran, Iraq,
Mali, Libya, South Africa, Morocco, Kazakhstan, Kirgizstan, Malaysia,
Philippines, Uzbekistan, Tajikistan, Nepal, Pakistan, Nigeria, Sri
Lanka, Sudan, Turkey, Mauritania, Saudi Arab, Sierra Leone and Syria.
Some other issues are cropping up, notably difficulties for China Rep
Offices to obtain visas for expatriates. These need to be done through
an official agent, such as FESCO. Some stories are also emerging of
companies with a capitalisation of below RMB1m being denied the right
to apply for a visa application letter for expatriate staff, although
there is no legal precedent for this at present.
The visa situation could become more fluid in the coming weeks, and the
above information cannot be counted upon as legal fact. Any applicant
for any type of China visa should check very carefully with the
relevant authorities. And, as is often the case, if you receive
different answers to the same questions, be persistent.
Last update : Tuesday, 20 May 2008
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