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VISA, STAY CERTIFICATS, AND RESIDENCE PERMITS , IN GENERAL

1.what’s the difference?
2.What are the new visa classifications?
3.What are the new types of residence permits?
4.What is the duration of stay for the new visa classifications and residence permits?
5.Who needs a medical exam?

WORKING IN CHINA 

6.What are the penalties for unauthorized employment?
7.How is unauthorized employment defined?
8.“I’ve been offered a job in China. The employer says I should first to apply for an tourist or business visa to start work, then they will shift me to a work visa. Does that sound right?”
9.When is a Z (work) visa required, as opposed to an M (business) visa?
10.My company want to apply an Working(Z) Visa for me, is it possible to get it here inside of China without going outside of China?
11.I am not living in Shanghai, can I still get my visa extension through your office? 

VISA STAY CERTIFICATES AND RESIDENCE PERMITS 

1. What’s the difference between Visa, Residence Permits and Stay Certificate?
Visas:
•Under the new law, PRC embassies, consulates, and other visa-issuing agencies outside of Mainland China (e.g., Chinese Visa Application Service Centers) are responsible for issuing visas (签证). (EEAL, art. 4). In narrow circumstances (e.g., emergencies) the public security bureau (PSB) at a port of entry (e.g., airport) can issue a single-entry visa valid for not more than 30 days (EEAL, art. 20).

•Also, the exit-entry office of the public security bureau (PSB) can issue visas to extend one’s stay (EEAL, art. 29; State Council regs, art. 12) or change the purpose of stay (State Council regs, art. 10) in Mainland China.

Residence Permits: J1, Q1, S1, X1, and Z visas are issued to individuals intending to enter China for purposes of taking up residence. These visas are valid for a single entry to China. Within 30 days of entry, these individuals must apply to a PSB exit-entry office for a residence permit (居留证件). (EEAL, art. 30; State Council regs, art. 9). Once issued, a residence permit can be used to enter China instead of a visa. (EEAL, art. 22).

Stay Certificates: Some categories of foreign nationals entering China may be granted stay certificates (停留证件) instead of visas or residence permits. For example:
• Foreign nationals whose governments have reciprocal visa waiver agreements with China (e.g., tourists from Singapore, Brunei, and Japan)
• Persons transiting through Beijing, Shanghai, Guangzhou, Chengdu, Chongqing, Shenyang, or Dalian within 72 hours.
• Persons who renounce PRC nationality.
• Persons whose residence permits have been cancelled who wish to remain in China for up to 30 additional days as a “grace period” to travel wrap up their affairs in China.

• Persons whose visas or residence permits are cancelled or confiscated and who are ordered to depart the country by a specified date will be given a stay certificate valid until that date. (EEAL, art. 33).

2.What are the new visa classifications?

The Ministry of Foreign Affairs has issued a bilingual Notice on Handling PRC Visa Applications (申请办理中华人民共和国签证须知) spelling out China’s new visa classifications. They are listed below. See our related article for further details.

Visa Classification	Description of Visa
C	Issued to foreign crew members of aircraft, trains, and ships, or motor vehicle drivers engaged in cross-border  transport activities, or to the accompanying family members of the crew members of the above-mentioned ships.
D	Issued to those who intend to reside in China permanently.
F	Issued to those who intend to go to China for exchanges, visits, study tours, and other activities.
G	Issued to those who intend to transit through China.
J1	Issued to resident foreign journalists of foreign news organizations stationed in China.  The intended duration of  stay in China exceeds 180 days.
J2	(short-term) Issued to foreign journalists who intend to go to China for short-term news coverage.  The intended  duration of stay in China is no more than 180 days.
L	Issued to those who intend to go to China as a tourist.
M	Issued to those who intend to go to China for commercial and trade activities.
Q1	Issued to those who are family members of Chinese citizens or of foreigners with Chinese permanent residence and  intend to go to China for family reunion, or to those who intend to go to China for the purpose of foster care. The  intended duration of stay in China exceeds 180 days.”Family members” refers to spouses, parents, sons, daughters,  spouses of sons or daughters, brothers, sisters, grandparents, grandsons, granddaughters and parents-in-law.
Q2 (short-term)	Issued to those who intend to visit their relatives who are Chinese citizens residing in China or foreigners with  permanent residence in China. The intended duration of stay in China is no more than 180 days.  RIssued to those who are high-level talents or whose skills are urgently needed in China.
R	Issued to those who are high-level talents or whose skills are urgently needed in China.
S1	Issued to those who intend to go to China to visit the foreigners working or studying in China to whom they are  spouses, parents, sons or daughters under the age of 18 or parents-in-law, or to those who intend to go to China  for other private affairs. The intended duration of stay in China exceeds 180 days.
S2 (short-term)	Issued to those who intend to visit their family members who are foreigners working or studying in China, or to  those who intend to go to China for other private matters.  The intended duration of stay in China is no more than  180 days. “Family members” refers to spouses, parents, sons, daughters, spouses of sons or daughters, brothers,  sisters, grandparents, grandsons, granddaughters and parents-in-law.
X1	Issued to those who intend to study in China for a period of more than 180 days.
X2(short term)	Issued to those who intend to study in China for a period of no more than 180 days.
Z	Issued to those who intend to work in China.

3. What are the new types of residence permits?

Under the regulations, residence permits are divided into the following types:
1.Residence permits for employment (工作类居留证件), issued to foreigners who will work in China. A person entering on a Z (work) visa would apply for this type.
2.Residence permits for study (学习类居留证件), issued to foreigners who will study in China. A person entering on an X1 (student) visa would apply for this type.
3.Residence permits for journalists (记者类居留证件), issued to foreign journalists who reside in China on behalf of permanent offices of foreign news agencies. A person entering on a J1 (journalist) visa would apply for this type.
4.Residence permits for family reunion (团聚类居留证件), issued to persons seeking to reside in China with Chinese citizen or  permanent resident relatives, or who need to live in China for foster care. A person entering on a Q1 visa would apply for this type.
5. Residence permits for private affairs (私人事务类居留证件), issued to certain relatives of foreign nationals holding residence certificates for purposes of employment, study, etc. These permits are also issued to foreigners who need to reside in China to deal with other private affairs. A person entering on an S1 visa would apply for this type.
4. What is the duration of stay for the new visa classifications and residence permits?
Stay certificates and “short-term” visas will be issued for a maximum stay of 180 days. (EEAL, art. 34; State Council regs, art. 36(4)).

An employment-type residence permit may be issued valid for 90 days to 5 years. (EEAL, art. 30). In contrast, a residence permit issued other than for employment may be issued valid for 180 days to five years. (EEAL, art. 30).

5.Who needs a medical exam?
Visa applicants: Under prior rules, foreigners coming to China for residence one year or longer should, when applying for visas at the Chinese embassy or other visa issuing agency abroad, get a medical exam. (2010 Implementing Rules, art. 6). Under the new regulations, this is no longer a requirement. Now, a visa-issuing agency will require a medical exam only if the officer has particular concerns about the applicant’s health condition.
Employment license applicants: Rules require a health certificate as part of the application for an employment license. (1996 regs on the Employment of Foreigners, art. 11).
Residence permit applicants:
•The new State Council regulations require a health certificate for anybody applying for a residence permit valid for one year or more.
•The new regulations don’t adopt a provision in the draft regulations (art. 22) that would have exempted minors under age 16 from the medical exam. However, local rules may have the same result. For example, Beijing doesn’t require a medical exam from applicants under age 18.
•As in the past, the exam is valid for 6 months (State Council regs, art. 16), so it may be possible to use the same certificate as used for the employment license. The regulations don’t require a medical from applicants extending a residence permit, changing from one type of residence permit to another, or replacing a residence permit. (State Council regs, art. 17).

WORKING IN CHINA

6. What are the penalties for unauthorized employment?
The National People’s Congress’ overriding policy in enacting the law was to more harshly punish foreigners who illegally enter, live, or work in China. For a foreigner who engages in “unauthorized employment” (非法就业), a fine of 5000 to 20,000 RMB will be imposed. In serious circumstances, detention of five to 15 days may also be imposed. (EEAL, art. 80). Prior rules allowed fines not exceeding 1000 RMB but not detention. (Implementing Rules for the Foreigner Entry-Exit Administration Law, promulgated by the Ministries of Public Security and Foreign Affairs, April 24, 2010 art. 44.)
Persons or companies that illegally employ foreigners may be fined 10,000 RMB per foreigner, not to exceed a total of 100,000 RMB. Any illegal gains may be confiscated. (EEAL, art. 80). Prior rules allowed for fines not exceeding 50,000 RMB. (2010 Implementing Rules, art. 44). On a related note, if a foreign entity uses a foreign national (or a PRC citizen) to establish a representative office or conduct business activities of a representative office without registration, the registration authority may order it to suspend activities and impose a penalty of RMB 50,000 to 200,000. (Administrative Regulations on the Registration of Resident Representative offices of Foreign Enterprises, art. 35).
Persons or companies who introduce jobs to ineligible foreigners may be fined 5,000 RMB per job, not to exceed a total of 50,000 RMB for a person or 100,000 RMB for a company. Any illegal gains may be confiscated. (EEAL, art. 80).

Foreigners who have violated the immigration law may be given a deadline to depart voluntarily, if appropriate, or deported. A person who has been deported is not allowed to reenter for one to five, or 10 years in the case of “severe” violations. (EEAL, arts. 62 and 81). A foreign national is responsible to pay the costs related to his or her own deportation. If the foreigner is unable to afford the expenses and engaged in illegal employment, the work unit or individual employing the alien is responsible. (State Council regs, art. 32).

7. How is unauthorized employment defined?
The new law defines behavior that “shall” be deemed “unlawful employment” (非法就业):
• First, “work” (工作) in China without obtaining an employment license and residence permit for work is illegal. (EEAL, art. 43(1)).
• Second, it’s illegal to work in China beyond the scope of the work specified in the employment license (“出工作许可限定范围在中国境内工作的”). (EEAL, art. 43(2)). The draft State Council regulations clarified that this includes working at a different work unit or outside of the geographic area specified in the employment license (工作许可证件) are restricted. (Draft State Council regs, art. 40). While the final regulations omit these specifics, they are probably implied. One ambiguity is the extent to which an employee working in one city can be assigned to work short-term in other cities.

• Third, it’s illegal for foreign students to do work that violates work-study rules or goes beyond the scope of the position or hours approved by the exit-entry administration. (EEAL, art. 43(3).) As background, a student with a residence certificate who needs to take a part-time job or internship off campus shall obtain approval from the school, then apply to the exit-entry administration authorities for a notation to the residence certificate showing the part-time job or the location and period of internship off campus. (EEAL, art. 42). The law delegates to the Ministry of Education the obligation to establish a framework for foreign students to obtain work authorization. (EEAL, art. 42.) Presumably, that framework will cover any rules related to on-campus employment.

8. “I’ve been offered a job in China. The employer says I should first to apply for an tourist or business visa to start work, then they will shift me to a work visa. Does that sound right?”

You can’t work for a China employer with a tourist or business visa. The statute is clear that work for a Chinese employer without a work-type residence permit is illegal. (EEAL, art. 43(1)). It’s a common scam for agencies/employers that are unable to secure such a permit to bring employees to China to work illegally with non-work visas. Further, without a work-type residence permit, you lack the legal protections afforded by a labor relationship, such as the right to use labor arbitration to seek unpaid wages.
Similarly, don’t come on the promise that after arrival the employer will seek authorization for you to work. As mentioned above, they can’t put you to work until you actually hold a work-type residence permit, and with narrow exceptions it’s not possible to change from a non-work visa to a work-type residence permit within China; instead, the applicant normally needs to seek a Z visa at a PRC consulate or other visa-issuing agency abroad.

Some employers will argue that the foreigner is not actually “working” so doesn’t need a work-type residence permit. As mentioned above, however, if the facts show that the foreign national’s activities constitute work, the absence of a written labor contract is not controlling. For example, merely labeling the foreigner an “independent contractor” or a “freelancer” will not be a cure where the facts establish that there is a labor relationship. Working in China without a work-type residence permit is engaging in high-risk behavior.

9.When is a Z (work) visa required, as opposed to an M (business) visa?

A Z (work) visa is required if a foreign national has a labor relationship with a PRC work unit. In addition, a foreigner with a foreign labor contract and foreign source of remuneration will need a Z (work) visa if engaged in work-like activities for 3 months or more. 

10.My company want to apply an Working(Z) Visa for me, is it possible to get it here inside of China without going outside of China?

A: From 1st of July, 2008. The new labor policy says, if you hold a L, F, or X visa now (except Chief or Legal representative of the company), you have to apply the work license and leave the country first to get an Z visa and back, then you can apply the work permit and residence permit. For more details, Please check here 

11. I am not living in Shanghai, can I still get my visa extension through your office? 
Depends, Please call to confirm before send.