CHINA | Expedited Work Permit Option in Shanghai May Benefit Some Foreign Workers
Bund Sightseeing Tunnel, Shanghai, China

CHINA | Expedited Work Permit Option in Shanghai May Benefit Some Foreign Workers

by Kent O'Neil | Orig. pub. 10/2/17 in the Pro-Link GLOBAL Immigration Dispatch

The Foreign Experts Bureau in Shanghai has announced immigration changes that aim to speed up the process for companies bringing foreign employees to the province. Authorities will now accept work permit applications from foreign employees falling in the A and B Categories who hold M (business) and L (tourist) visas, rather than first requiring the applicant to obtain the traditional Z (work) Visa from the Chinese overseas consular posts. As this allows the eligible applicants to skip obtaining the Notification Letter of Work Permit required for a Z Visa application abroad, this change streamlines the process and shortens timeframes by upwards of 25 days in many cases.

Under China’s new work permit classifications, Categories A and B include the majority of applicants in the higher-skilled and professional occupations. As a result, many foreign nationals employed by multinational companies may be able to use this new option to start work assignments at related companies in China more quickly.

While this new expedited option is a welcomed improvement in those cases where business concerns require the faster entry of a foreign employee into China, it should not be viewed as the primary route. L Visas (typically issued with 30-day validity) and M Visas (typically issued with 30- or 60-day validity) provide a narrower window in which to complete the necessary in-country work permits process – compared to the Z Visa, which is issued with a single entry, 90-day validity. In-country extensions of L and M Visas cannot be guaranteed, and in the event that the employee’s L or M Visa will expire before the work permit is issued, the employee may be required to exit China in order to extend the current visa or obtain an additional visa.

The new electronic work permits system, introduced in China over the past year, continues to experience significant technical challenges. While Chinese authorities are refining the system, both in technical aspects and process improvements, delays and glitches with some applications are not infrequent. Companies are strongly encouraged to reach out to their Pro-Link GLOBAL Immigration Specialists well ahead of any anticipated assignments to Shanghai and other regions in China to assess the best applications process and strategy given case specifics. For the latest on the new work permits system in Shanghai and China, see our Global Brief of March 16, our recent Immigration Dispatches of June 12 and April 3, and download our “Updated China Work Permit eBook” here.

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 at 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 Pro-Link GLOBAL's Counsel and Knowledge Management teams. We worked with our PLG Shanghai Office and Peregrine Immigration Management to provide you this update. Information contained in this Global Immigration Dispatch is prepared using information obtained from various media outlets, government publications and our KGNM 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 ([email protected]) with any additional requests for information or to request reproduction of this material.

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