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Human Resources and Payroll in China 2016-2017 (5th Edition) -

103

As any foreigner who has been through the process will know, obtaining a work visa in China can

be a twisting process of back-and-forth between multiple government agencies and forms of

documentation. Chinese visa grants the holder the right to enter China and stay in the country for

a fixed number of days. There are several visa categories, depending on the reason the foreigner is

coming to China.

Each visa contains three important pieces of information: the issuance and final entry date, number

of entries and duration of each stay. The number of entries states how many times the foreigner

may cross the border into China between the date of issue and the final entry date. The final entry

date is indicated on the visa as ENTER BEFORE xxx. The length of each stay indicates how long a

foreigner may stay in China after each entry.

For example, a visa may be granted with issue and final dates January 1 and July 1, two entries and

duration of stay of 30 days. This means the foreigner can enter China twice before July 1, and stay

for thirty days each time.

These factors are determined by the Chinese embassy or consulate where the application is made.

Foreigners can also apply at the branch of the Ministry of Foreign Affairs in Hong Kong and Macau.

Once in China, the visa can be extended at the local Immigration office, at the discretion of local

officials.

5.1 Overview of China’s Visa System

The Chinese government amended its visa regulations in September 2013.The lawmainly introduced

a number of new visa categories, increasing the number from eight to 12, and altered the scope

of a few existing ones.

The F-visa, also known as the business visa, was used previously by foreign business people who

came to China on business but were not employed at a Chinese entity. However, the new regulations

have limited the scope of the visa to non-commercial purposes only, such as cultural exchanges,

visits and inspections. At the same time, the regulations introduced a new visa for business travelers

called theM-visa. It is applicable to foreigners coming to the country for business and trade purposes.

Another new visa type is the R-visa, which is issued to attract foreign high-level personnel and people

with special talents of which there is a shortage in China. What kind of people can be regarded as

“high-level personnel” is not very clear yet. One thing that we can be sure of is that applicants for

the R-visa need to satisfy higher requirements.

Although some speculation has it that the population of foreigners working in China is in decline, our experience at Dezan Shira & Associates speaks otherwise, where questions regarding work visa procedures continues to pour in at a steady stream. Kyle Freeman Senior Associate International Business Advisory Dezan Shira & Associates Beijing Office