New visa proposed to attract talented foreigners
June 01, 2012 | BY
clpstaff &clp articles &A proposed new visa category could streamline the process for foreigners seeking work in China from as early as October 1 this year
The talent admission visa appeared in the second draft of the PRC Immigration Administration Law (中华人民共和国出境入境管理法). Proposed to lawmakers last month, the visa is for foreigners with international expertise. It will run alongside the country's existing tourist, student and business visas.
Around 600,000 foreign employees work in China according to the 2010 national census, with 120,000 of those living in Beijing at the end of 2011. Authorities are making a concerted effort to increase this number and streamline applications through these proposed changes.
“Generally visa applications are not difficult, but the current process is complex and time consuming. There are several steps requiring multiple approvals and these can include work permits, resident permits, invitation letters and contracts,” said Lesli Ligorner, a partner at Simmons & Simmons in Shanghai who specialises in China employment.
Cui Anmin, a senior official from the Ministry of Foreign Affairs was quoted in the China Daily as saying the new policy has failed to hit upon the crux of the problem. He believes visa rules are not an obstacle when recruiting foreign talent and highlights other problems such as pollution and traffic.
Ligorner clarifies this issue, as it can be difficult to get approval, for example, for foreign talent who have already surpassed China's retirement age of 55 for women and 60 for men, and the new process may make this easier. The visa is also about bringing, “specific talent in specific industries to China, it is not for entry level employees as the government wants more experienced and talented foreigners,” added Ligorner.
It can be hard for foreigners beyond China's retirement age to get visa approval. The new category will help multinationals sending some of their most experienced employees to China. Some companies resort to using guanxi (关系) or bribes to get visas approved. It is hoped the new category will rectify this.
The State Administration of Foreign Experts Affairs (SAFEA) will oversee the talent visa in contrast with the current system, where exit and entry bureaus are responsible for visa applications. This will streamline the application process as certain companies or industries will be registered with SAFEA as requiring foreign talent.
There are also plans to implement a centralised information system about foreigners in the country under the Ministry of Human Resources and Social Security. Various departments and bureaus across China currently hold this information.
With so many foreigners working all over China, municipalities and provinces would welcome a centralised system, but it remains to be seen when and how it will be rolled out. The system will also help tackle illegal entry, overstaying and employment, which has become a growing problem in recent years.
“This shift in policy has the potential to change the visa system in China significantly if there is a strong business case to bring in a very experienced or talented professionals,” said Ligorner.
The draft has to be reviewed another time before it can be passed. There is no specific timeline for when the amendments to the law will become effective, but some have predicted October 1 2012.
By David Tring
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