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Top 3 Tips for Obtaining Work Authorization in China
October 23, 2018
By Wendy Xie, Managing Director, China, Newland Chase
Many in the mobility industry are well acquainted with the revolutionary change that has taken place in Chinese immigration over the last year and a half when it comes to obtaining the work authorization documents for foreign nationals to be employed in China. A unified online application system and new A, B, and C categories have replaced the previous somewhat opaque, regionalized system. And those mobility professionals and their employees and clients are also intimately aware of the significant increase in the time it now takes to finally obtain the necessary work authorization documents – especially for non-A category foreign nationals, which now averages five to six months in most cases.
On the other hand, there have also been recent exciting improvements for companies employing foreign nationals in China. For example, the Chinese government recently abolished the work permit requirement for residents of Hong Kong, Macau, and Taiwan. Other similar developments attempting to improve the employment-based immigration process are also reportedly in the works.
I’m often asked by HR and mobility professionals – what areas should we perhaps be giving more attention in order to bring our urgently needed talent to our China locations as soon as possible? Here are my “top three tips” – common challenges and suggested approaches – for maximizing your success and minimizing your time required to bring those key employees to China.
#1 Assess the appropriate employment permit category and determine the appropriate application procedure early. Identify any red flags in advance.
There is now a short term work permit and a long term work permit in China. So for those short-term assignees who are coming to China to work for no more than 90 days, it needs to be carefully assessed whether a short term work Z visa is required or whether an M visa or F visa or even an R visa would be applicable for a short term traveler.
For those long-term assignees or local hires, it is imperative to first assess the applicant’s category in advance by considering all relevant factors and the local policies in the host city in China. Only then can you determine the best application strategy and procedure. In some cities, the applicant may not necessarily have to follow the standard procedure and can skip the consular work Z visa step if they already have another valid Chinese visit visa.
Also, early assessment can uncover any potential obstacles in the case. It is not uncommon for an applicant or his or her foreign dependents to have a nationality conflict – especially when the applicant or the dependent has Chinese ethnicity. In order to avoid such issues popping up in the middle of the application process and delaying or preventing the person from entering or staying in China, such potential nationality conflicts can be flagged in advance and a separate assessment done as necessary.
#2 Help your employee to obtain the required legalized documents as soon as possible.
Under the new system, Category A (top talent) foreign nationals now enjoy the benefit of not having to provide legalized documents such as police clearance certificate and educational degree certificates when applying the China work permit. However, most foreign nationals (those in Categories B and C) do still need to obtain those legalized documents – from their home country, or their country of residence, or the country where the document was originally issued. This oftentimes is the most challenging and time consuming part of the process for most foreign national applicants. The bureaucracy and process of applying for and obtaining these documents is arduous when you may have no previous experience with it. Oftentimes dealing with multiple authorities in one or different countries adds a new level of complexity, cost, and inconvenience for the applicant.
If a company has an experienced resource and supplier their valuable employees or newly recruited talents can lean on in this process, it undoubtedly facilitates and speeds the overall process, as well as increases the employees’ positive experience in starting in their new location or position.
#3 Assist your employee with the consular visa application in their home country.
Consular visas such as Z visas for employees and S1 visas for their dependents need to be applied for and obtained at the Chinese consular posts overseas in the applicants’ home country or current country of residence. Recently, there has been a noticeable trend toward stricter scrutiny of applications in some Chinese consulates – depending on the country and location. Some visa officers employ a more stringent review of documents submitted and may raise additional questions and requirements. Some are now even requesting a personal appearance by the applicant when the visa application is submitted or an additional interview when deemed necessary.
The consular visa application piece is equally as important as the work permit related application piece that takes place in-country. A refusal of the consular visa will obviously impact the later work permit process or other future Chinese visa applications by the applicant. Therefore, it needs to be treated seriously and not as a secondary step. The applicant should have thorough guidance, or professional assistance when necessary, to ensure that they are preparing their application documents correctly and are following the appropriate process through their particular Chinese consulate or visa application service centre.
Parting Thoughts
While the above tips certainly do not guarantee problem-free success in every case, they go a long way to ensuring that your valuable employees and new hires will have the best possible chance for successful issuance of their work permits, a smooth and timely application process, and a great start to their new assignment in China. As always, for specific questions about work authorization and the immigration process in China, feel free to reach out to us at the Newland Chase offices in Shanghai or Tianjin or email me at [email protected].
Editor – If you missed Wendy’s recent webinar “Adventures in China: 2018 Immigration Updates and Trends”, you can watch the on-demand presentation here.
Wendy Xie is Newland Chase’s Managing Director for China, leading the company’s corporate immigration services both in China and for Chinese companies expanding abroad. Wendy is a frequent expert speaker and author on Chinese immigration. A lawyer by profession, she is also a qualified solicitor and registered migration agent in Australia. Wendy is a graduate of the University of New South Wales, holding bachelor’s degrees in both law and commerce.
This blog is informational only and is not intended as a substitute for legal advice based on the specific circumstances of a matter. Readers are reminded that immigration laws are fluid and can change at a moment’s notice without warning or notice. Please reach out to your Newland Chase contact should you require any additional clarification or guidance. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of any content published or provided by Newland Chase that extend beyond fair use or other statutory exemptions. Responsibility for the determination of the copyright status and securing any permissions rests with those persons wishing to reuse this blog or any of its content.
