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http://www.bizchina-update.com/content/view/874/2/ 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 The Chinese government has withdrawn the option for issuing and renewing F visas to expatriates in Hong Kong to encourage them to apply for a residency permit, and contribute to the Chinese income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.
