Major Immigration Law Reform in China
May 29, 2015
Since July 2013, Chinese immigration law has undergone a series of important changes, resulting in a heightened focus on compliance. In particular, the new Exit & Entry Administration Law offers more power to authorities and increases the penalties for non-compliance, including fines, prohibiting the sponsorship of further work permit applications for a period of time, detention and, in some cases, deportation. Employers need to exercise vigilance to ensure they remain compliant or risk breaking the law.
Maintaining legal working status
Foreign nationals must obtain an appropriate Work Authorization Permit before starting work and cannot work in China beyond the scope it prescribes, with permit limits extending to include job titles and work locations. Certain short-term visits by business travelers may also trigger a short-term work authorization instead of a Business Visa.
Employers must ensure their foreign national employees’ immigration registration remains current, and are strongly advised to keep detailed records of work authorization and other immigration documents in order to pass random compliance checks by government authorities.
Reporting obligations
All foreign nationals need to report changes in personal or work circumstances to the Public Security Bureau within 10 days of the date of the change. Typical changes include termination of employment, obtaining a new passport, a change of work location and so on.
Foreigners who fail to meet the required timeframes for changing registered items of their residence permits will be warned and subsequently fined if they do not comply.
24-hour residence registration requirement
Foreign nationals need to follow the in-country registration process within 24 hours of their arrival in China by visiting the local police station or upon check-in if they are residing in a hotel.
Foreign nationals are also required to update their registration documents if they have moved or obtained a new passport. They may also be required to update their registration documents if they have obtained a new visa or residence permit, or returned from an international trip since their initial registration. All documents must be current and easily accessible in the event of a police check.
Exit requirements for travel to Hong Kong, Taiwan and Macau
When sending an employee from mainland China to Hong Kong, Taiwan or Macau for business, both employers and employees need to be mindful of exit requirements prior to the commencement of travel. These include the regulated Measures for the Control of Chinese Citizens Travelling to or from the Region of Taiwan and the prohibition of employees holding travel visas from participation in business activities in any of these regions.
