April 17, 2013

The newly-revised “Law of the People’s Republic of China on the Control of the Exit and Entry of Citizens” is to come into effect on July 1, 2013 and will require foreigner’s to observe new visitor and long-term residence registration requirements.

Proposed Changes

The Chinese Central Government has recently merged two, separate laws covering registration of foreign nationals and Chinese citizens into the new law referenced above.

While final guidelines have not yet been officially announced, some indication of general changes was reviewed by the Exit & Entry Bureau/Public Security Bureau (Exit & Entry/PSB).  Please note that while changes may be announced by the Central Government, the implementation of final rules may vary by province and city.

Proposed changes are as follows:

  • Fingerprint biometrics will be taken for all Residence Permit applications.
  • All newborns (PRC national and foreign national) will require registration with the local Public Security Bureau within 60 days of birth.
  • Permits of Stay – Maximum duration of visitor stay will not be granted for more than 180 consecutive days in a single period of stay.The minimum validity for a Work Permit shall be no less than 90 consecutive days in a single stay and 180 consecutive days in a single stay for Residence Permits.The maximum duration of both Work and Residence Permits will be five consecutive years.
  • Visitors who wish to extend their “F” (Business) or “L” (Tourist) visa may submit an extension application to a local Exit & Entry/PSB office at least 7 days prior to expiration.
  • Residence Permit holders wishing to extend their stays must file application for renewal within 30 days of expiration.
  • Foreigners having a change in the condition of their stay must submit amendment of registered information application (e.g., change place of residence or changes in employment) within 10 days of change.
  • Increased border control and immigration compliance regulations will also be announced as part of the Government’s ongoing efforts to reduce illegal entry, illegal residence and illegal employment.

ACTION ITEMS FOR EMPLOYERS

On or after July 1, 2013, companies and assignees should prepare for upcoming changes to China’s visitor and long-term residence permit registration requirements.   Pro-Link GLOBAL will continue the monitor the progress of final regulations.

Caveat Lector | Warning to Reader

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Glenn Faulk, Senior Manager, Knowledge Management and our Pro-Link GLOBAL China office.

Information  contained in this Global Brief is prepared using information obtained from  various media outlets, government publications and our KGNM network of  immigration professionals. Written permission from the copyright owner and any  other rights holders must be obtained for any reuse of any content posted or  published by Pro-Link GLOBAL that extends beyond fair use or other statutory  exemptions. Furthermore, responsibility for the determination of the copyright  status and securing permission rests with those persons wishing to reuse the  materials. Interested parties are welcome to contact the Knowledge Management  Department (km@pro-linkglobal.com) with any  additional requests for information or to request reproduction of this  material.