New visa class R1 and R2

Apparently there is a new visa or residence permit coming into effect as of July 1st this year. Have not been able to find out much on them at this point other than seen some announcements but they sound like they are going to be even more restrictive and difficult to get than our current ones.
Expect many changes in the near future. And if you hear anything --especially official announcements, please let us know what is up.

These aren't the visas you're looking for.  Move along.

Sorry, couldn't resist taking a jab at the R2 Visa.

On a serious note, thanks for starting this thread.  I'm also VERY curious to find out more about these, especially the R1.  Anyone who has solid info about anything related to the R visas is STRONGLY encouraged to post.

Tomorrow I'll ask the folks in HK at Foreverbright, if anyone should know its them. They are the people most go to for the HK visa run

The g/f did some searching, here's what she found


Saturday, May 04, 2013

Draft rule aims to attract talented professionals China urgently needs

Foreign talent will soon be eligible for China visas valid for up to five years, under a draft regulation.

The draft was released by the Legislative Affairs Office of the State Council on Friday, and public opinion is being sought for a month. It states that China will grant two new types of visa, R1 and R2, for foreign professionals.

A R1 visa will come with residency rights, while a R2 visa will allow multiple entry and exits.

Liu Guofu, an immigration law specialist at the Beijing Institute of Technology, said R1 visa holders can apply for a residence permit for up to five years, while a R2 visa will allow professionals to stay in China for 180 days at a time.

The regulation will be implemented under the Exit and Entry Administration Law, which takes effect in July.

Visa holders should be experts recognised by provincial-level governments and above, and professionals that China urgently needs, according to the regulation.

Earlier rules endorsed by five ministry-level departments state that foreign professionals working on projects carried out by central government departments and centrally administered enterprises, and talent introduced through provincial-level recruitment programs, can benefit from the new long-term visas.

The new State Council regulation does not specify groups that China urgently needs and which are eligible for "talent visas". But Liu said a draft in which ministerial departments had assessed feedback from specialists, including Liu, shows they include candidates with management experience at leading multinationals, specialists in education and science-related fields, and renowned figures in culture and sport.

"The Ministry of Human Resources and Social Security or the State Administration of Foreign Experts Affairs may soon release the list of target groups," Liu said.

Wang Huiyao, director of the Center for China and Globalization in Beijing, said the new visas will help attract overseas talent.
"The regulation will especially lure those who work in other countries but want to spend time working in China," he said.
Wang said that in the past China had focused a great deal on how to manage foreigners working in or visiting the country when making or amending visa-related laws and regulations.

Rule: 'Green card' mulled
But now the country is aiming to attract global talent by providing more convenient visa policies, like many other countries, including the United States.

Quintus Doamekpor, a 34-year-old from Ghana, has been working in China for 11 years. He married a Chinese, has a daughter and works as a language teacher at a school in Yuncheng, Shanxi province.

Doamekpor said he has a foreign expert certificate, and his visa must be renewed every year.

"I hope to know more requirements for the new visa application and I want to be included," he said. "My ultimate aim is to obtain a permanent residence permit."

Liu has suggested that policies should give "talent visa" holders the chance of permanent residency after they have worked in China for a certain period.

The government is considering lowering the threshold for permanent residency.

The Ministry of Public Security is drawing up a draft regulation, under which foreigners who work in China for 10 consecutive years may be eligible for a "green card".

Meanwhile, the State Council regulation states that visa management bureaus and entry-and-exit management bureaus under public security departments can keep fingerprints of foreigners who enter China.

I welcome the regularization of foreign residency in China but this is going to suffer from the same kind of issues which limited previous legislation (which, in letter at least, permitted the same kind of things which this does).  You'll need a clear and complete tax record - stymied by the fact that most places don't pay tax on foreign employees - combined with a sponsoring employer who both knows the rules and has the chops to manage this.

In short, it's a nice idea....but I still see HK and Macau as more stable long term options.

Hopefully this will kick SAFEA upside the head so they start doing their job properly and actually, you know, checking people's qualifications and such other crazy stuff.  I don't know about you but my local Entry/Exit PSB is just dandy but every SAFEA office I have ever had contact with is just dismal (and bent). 

I don't know, maybe this will also be tipped in the favour of state employers, so we can hire better staff because the government gives some kind of official preference to people who have worked for the education system.  That would be nice.

I do like that there seems to be a focus these days on attracting and keeping the "right" kind of foreigners. I think China realized there was a gap in their visa policy and it wasn't right that people with families and lives in China were being chucked in with the backpackers and the one-year wonders.

That said, these talent visas don't sound particularly easy to get and I doubt China is going to just go handing them out like candy. We'll see. I've been in China for 10 years now and it would be nice to have the option of a more permanent type visa.

the big uestion is will they retain the current Z visa and residence permit, or require everyone to switch over and create even more beaurocratic headaches for everyone. This is what really has me concerned.
As it is getting my visas tends to be a bit of a nightmare and hassle and I hope that things might get better but have a suspicion that things could just get worse.

I don't think they can require people to switch visas over mid-stream.  A visa is a legal certificate which bestows certain rights for a certain period of time, barring the breach of initial conditions (working on an L for example), they remain valid until expiry.

Residence permits are totally China internal, so I have no idea.

I don't think, at least from reading what was posted, that they intend to replace the current visas or force everyone here to switch over to a new visa, just that this visa was being offered as an extra option for people who want to spend a longer time in China.

The majority of FTs still only stay here a year or two and have no use for 5 year visas. There's still going to be a need for short-term workers in China and expecting everyone to qualify for some sort of hard to obtain "talent" visa is just asking schools/employers to break the rules even more than they do now.

Oh bugger...meesa no likey dees, to paraphase the Jar-Jar Binx. I have to go home to re-apply for Z Visa in the holiday. I will have the proper documents but when rules change in China it is usually not a smooth change. I need to have a little chat with the FAO.

Change to visa regulations is not far away - 1 June - so I thought I would start feeding in updates:

An overview:
http://www.sidley.com/Impact-of-Chinas-New-Exit-Entry-Control-Law-on-Expatriate-Employees-and-Their-Employers-07-26-2012/

JULY 26, 2012
Impact of China’s New Exit-Entry Control Law on Expatriate Employees and Their Employers
China Update
On June 30, 2012, China formally enacted the new Exit-Entry Administration Law (the “New Law”). China’s existing exit and entry control laws1 (the “Existing Laws”) were enacted in the late 1980s and have not since been meaningfully amended to reflect China’s modern day immigration issues.

The New Law, once effective, will repeal and replace the Existing Laws in their entirety. At a first glance, the New Law appears to be a consolidation of the Existing Laws governing exit and entry respectively. However, there are several new or amended measures of note, which are discussed in more detail in this edition of China update. The New Law will not come into effect until July 1, 2013, but expatriate employees and their P.R.C.-based employers should be mindful of the new rule changes to better manage expatriate employment requirements and issues.

Collection of Biometric Data

In order to streamline the collection of data among the various administrative departments of the Chinese government, including for example, the public security departments and the foreign affairs departments, Article 30 of the New Law for the first time requires that as part of the application process for residence permits, expatriates shall provide their fingerprints and “other biometric data” to the Public Security Bureau (“PSB”). There is some apparent vagueness as to what “other biometric data” means. Presumably, this could extend to collection of other physical biometric data, such as retinal scans, or behavioral biometric data, such as voice or handwriting samples. Furthermore, the new law indicates that, as circumstances arise which may warrant the collection of biometric data from persons that are not necessarily on extended stays in China (be they business travelers, tourists or students), the Ministry of Public Security or the Ministry of Foreign Affairs, may, at their discretion enact additional laws in this area, subject to final approval by the State Council.

Restrictions on Entries and Exits

In reaction to the fact that a large number of foreigners have managed to live and illegally work in China by entering on tourist or business visas2, Article 25 of the New Law provides that a foreigner who “might” engage in activities inconsistent with the category of his/her entry visa will be denied entry visas for China. This provision allows a large margin of discretion to the issuing authorities to put certain persons on visa blacklists.

Chinese authorities have also been mindful of the increasing losses to employees attributable to multinational employers that fall behind on their employee payment obligations. In order to prevent employers that pose a flight risk from leaving China, Article 28 of the New Law adds that expatriates with unfulfilled employee payment obligations could be subject to a no-departure restraining order in China until such matters are settled.

Term of Residence Permits

Under Article 30 of the New Law, residence permits issuable in relation to the employment of an expatriate will be valid for a minimum of 90 days, halved from the previous 180 days, and a maximum of 5 years. The valid term of non-work-related residence permits remains at 180 days to 5 years. Since expatriates need to go through the review and approval procedures each time their residence permits are renewed, the shortening of the minimum term of work-related residence permits could arguably raise the frequency of government reviews and approvals and therefore increase the cost of an expatriate’s legal stay in China.

Industry and Occupation Classifications

Article 42 of the New Law provides that China will create and periodically adjust a guidance list classifying industries or sectors with needs and thus permission for employment of foreigners. In the current environment, illegal employment of foreigners is mostly concentrated in certain industries, such as language education and entertainment. This new measure may be used to crackdown on illegal foreign workers in these industries.

Potential Increase in PR Permits

The New Law adds in Article 47 that the Ministry of Public Security shall have the authority to grant permanent residence permits, otherwise known as Green Cards, to foreigners who make “outstanding contributions” to China or “otherwise meet the requirements for permanent residence.” Future implementation rules should provide clarification as to what parameters will be used to measure “outstanding contributions” or to determine whether or not a foreigner has met “the requirements for permanent residence.” To date, the number of expatriates with Chinese Green Cards is still very limited; however, this Article and the expected implementation rules could allow for a potential increase in the number of permanent residence permits granted to foreign nationals.

New Visa Category

The New Law expands the scope of foreigners that may be eligible for entry visas. Specifically, in addition to foreigners who enter China for work, study, family visits, travel or business, under Article 16 of the New Law, foreign nationals with specific skills are also qualified for issuance of “talent” visas. This Article is silent with respect to the type of qualifications required for this category of visa and the relevant approval and issuance procedures, which are yet to be specified in future implementation rules. However, creation of the category of a “talent” visa could ease the way for those foreigners without pre-secured job arrangements to enter China.

Authenticity of Invitation Letters

In reaction to the fact that some companies have been issuing fake or fraudulent invitation letters or other application documents which are a prerequisite for foreigners to obtain work visas, Article 19 of the New Law imposes responsibility on companies for ensuring the authenticity and validity of these documents. Violation of this provision would lead to harsher penalties on the employer, as discussed in greater detail below.

Investigative Powers and Reporting Requirements

For foreigners suspected of illegal entry, stay or employment, the PSB or the entry-exit administration offices may now conduct questioning on site or at a PSB office. The PSB is further authorized to detain such foreigners up to 30 days (or up to 60 days for “complicated” cases). The PSB may also confine foreigners’ activities or movements to certain districts for up to 60 days while they are under investigation.

In addition, Article 45 of the New Law requires employers and schools to report information regarding expatriate employment and foreign student enrollment to the local PSB and also requires the general public to report any suspected violations.

Harsher Punishments for Violations

Fines and Detention. In addition to introducing new measures for detecting and investigating illegal immigration, Chapter 7 of the New Law also imposes harsher punishments on those officially determined to have violated China’s immigration laws. For example, a foreigner who illegally stays in China will be subject to fines of up to RMB10,000 (US$1,574) or detention of 5 to 15 days3. An expatriate who illegally works in China will be subject to a fine of RMB5,000 (US$787) to RMB20,000 (US$3,148), and in serious cases, detention of 5 to 15 days would apply4.

Under the New Law, the fines and penalties imposed on employers of illegal immigrants have also increased. For example, employers will be subject to fines of RMB10,000 (US$1,574) for each expatriate illegally employed, up to an aggregate of RMB100,000 (US$15,740)5, and disgorgement of any monetary gains resulting from the illegal employment. Additionally, an employer who illegally provides invitation letters or other visa application documents will be subject to fines of RMB5,000 (US$787) to RMB10,000 (US$1,574) (for employers that are individuals) or RMB10,000 (US$1,574) to RMB50,000 (US$7,870) (for employers that are entities), disgorgement of illegal gains and responsibility for any deportation expenses. By imposing more severe penalties on employers, the New Law is also trying to tackle illegal immigration by delegating additional responsibility to employers.

Deportation. While the Existing Laws generally provide that foreigners who illegally enter, stay or work in China may be required to depart or be deported, the New Law includes more detailed provisions in this regard. Article 81 of the New Law, for example, provides that foreigners who violate Chinese laws and regulations and are deemed “unsuitable” to stay in China may be required to depart voluntarily within a given time period. Article 62 further provides that missing a departure deadline would subject the foreigner to deportation and a 1 to 5 year ban on re-entry. In addition, the Ministry of Public Security also has the discretion to deport a foreigner and prohibit him/her from re-entering China for 10 years, if he/she commits “severe violations” of the New Law. This Article is designed to penalize those who commit violations that fall short of a criminal violation.


In addition to ... there will be an R1 visa and R2 visa
http://www.linkedin.com/groups/hina-Enacts-New-ExitEntry-Administrative-115178.S.238284658?qid=72f2d5d5-f9ec-4625-ba52-e5128ed3cb11&goback=.gmp_115178

China expands the scope for the foreigners who may be eligible for entry visas. In addition to visas issues for work, study, family visits, travel or business, foreign nationals endowed with certain specific skill can also be issued “talent” visas. It is not clear yet the type of qualifications required for this category of visa and the relevant approval and issuance procedures.

the R1 visa and R2 visa sort of explained
from  http://www.china-briefing.com/news/2013/05/06/china-planning-to-issue-five-year-multi-entry-visas-to-qualified-foreigners.html

he Draft reveals two new types of visas – the R1 visa and the R2 visa – specifically designed for foreign talents and professionals working at a senior level and possessing skills that the country urgently needs. A R1 visa is classified as a residence visa, while an R2 visa is a visitors visa which may allow multiple entries and exits from the country.

Both R1 and R2 candidates should be experts recognized by provincial-level governments and above, and professionals that China urgently needs. Candidates will also be required to submit relevant supporting materials during the application. Direct family members of the visa holder, such as spouses, parents, and children under 18 years old, may apply also apply for visas as dependents.

“The regulation will especially help those who work in other countries but want to spend time working in China. India has already had this five year multi-entry visa program in place for a number of years, so China is playing catch up as regards its ability to attract foreign talent,” comments Chris Devonshire-Ellis of Dezan Shira & Associates.

The usual proviso
Every office in every province will come up with its own interpretation of these regulations.


** My thanks go to the companies from whose newsletters I have cribbed these extracts ... we could request this information from the P*S*B or our employers   but it is doubtful if either of them could provide an explanation that makes sense.  

I put some info over at "The Legalities Board: visas, ......."

  http://raoulschinasaloon.com/index.php?topic=8392.0

It seems important that we all focus on the visa situation as it unfolds over the next couple of months - I have never known any change to make my life easier.

I don't know if all this makes the question I wanted to post irrelevant since we don't yet know how this new stuff will all play out
BUT what I WAS gonna ask is this:
Next year I have signed up with my current gig to stay on.Mr Piglet who was signed up with me this year has NOT been offered a job but they said they will fix him a Z visa as family member.When we asked if that meant he was unable to get a job at another employer they more or less hinted to us that he would have to keep it under his hat (nod,wink)
Well he may have a job at another institution. Would said institution need to swap his Z family member visa to a different work visa? We can't read the Chinese so we have no clue what would be written on his visa. Does it say "Z but unable to work?"
I hope someone understands what I mean I am feeling a little incoherent today...

piglet, if what I'm reading is right, your school is doing you a solid. They're helping hubby to stay without you guys needing to worry about visas. But to protect their a$$e$, they can't have him broadcast his employment elsewhere. You get in trouble, they get in BIG trouble.

If another place offers to take him AND can provide a visa, hubby must get a release letter (with approaval) and have the visa canceled. The new school will just start the process from scratch.

All in all, either way, you're good to go, good luck

Damn i just typed out my reply, anyway, what Day Dreamer said and this:

To be all legal and above board, the new school would have to change him over to a new working visa with them...But TIC, many schools prefer illegal workarounds like this because it's less hassle or because they cannot legally employ foreigners...basically, you guys and the other school will have to hash it out and do whatever you feel comfortable with...I will say that a foreigner here on an existing visa and willing to teach is like gold dust to a lot of these schools though...