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110

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

5.3 M-Visa

The M-visa was introduced as part of the new visa regulations released in 2013.

In order to receive an M-visa, a foreigner must supply an invitation letter from a company registered

in China. This can be a Chinese business or a foreign-invested company in China. If the company

is not yet incorporated, or it is unable to issue an invitation letter for other reasons, there are many

agents that can provide such services.

M-visas are granted for lengths of time commonly ranging from one month to one year, depending

on the situation. It could be extended under certain conditions. Generally:

• Only the company that sends the official invitation letter to the foreigner can support his/her

application for extension.

• If the company didn’t use the official invitation letter but a letter written by the company itself,

then the M-visa extension service is not available.

• Foreigners will keep the remaining entry as stipulated in the former visa. For example, if the former

visa has 1 entry remaining, then the current extension will keep that 1 entry.

• Normally, the extension of stay cannot exceed the former visa stay period. For example, if the

duration of each stay of the former M-visa is 30 days, then the extension is up to another 30 days.

Only if the duration of each stay is 60 days, then the foreigners can apply for 60 days’ extension.

• M-visas are appropriate for foreigners who do not work full-time in China, and only need to make

occasional visits, such as attending trade shows, meetings or negotiations. While in practice,

foreign employees or interns sometimes stay in China on an M-visa, this is not permitted and we

advise against it. The Chinese government has been sharpening up its enforcement recently, and

employees that are caught may face deportation.

In January 2015, China released a new rule for foreigners who come into China to finish short-term

work (less than 90 days). In that rule, it clarified what kind of situation is counted as a short-term

working (Z) visa and what situation is counted as a short-term Commerce & Trade (M) visa.

More

details in Section 5.5 Short-TermWork in China.

Note: Starting fromNovember 12, 2014 for US passports-holders and fromMarch 9, 2015 for Canadapassport-holders,

applicants are able to obtain multi-entry M-Visas that are valid for ten years.