Qualifying Criteria for Highly-Skilled Foreign Workers Released

China

The Shanghai Labor Bureau, Foreign Expert Affairs Bureau, and the Public Security Bureau have released further details regarding the eligibility rules for skilled foreign workers in Shanghai under the R (Talent) Visa and residence permit availability for recent foreign graduates in Shanghai.

R (Talent) Visa Qualifying Criteria

The regulations define R (Talent) Visa holders as high-level foreign nationals who meet at least one of the below qualifications:

• Distinguished talent with a world-recognized award;
• Famous experts;
• Senior executives;
• Research and development experts employed by companies qualified by the Science and Technology Commission or Development and Reform Commission; and
• Other distinguished foreign nationals who can meet an urgent need in a local market.

R (Talent) Visa Holders’ Benefits

R (Talent) Visa holders will be eligible for a Work-Type Residence Permit valid for five years.  While most applicants will be granted a permit with a one-year validity period, the five-year validity period is a new option that will be available to some applicants at the discretion of the immigration authorities.  Work-Type Residence Permit applications should be processed within seven working days.

R (Talent) Visa holders will be eligible to apply for the Chinese Permanent Residence Permit after working in Shanghai for three years, and they will be able to hire foreign housekeeping workers, which is typically not allowed for other foreign workers.  As a result, foreign housekeeping workers are eligible to apply for a new type of Residence Permit if they are hired by an R (Talent) Visa holder with a Work-Type Residence Permit in Shanghai.

Recent Foreign Graduates Eligible for Work

Foreign graduates with a master’s degree are now eligible to apply for a Work Permit and Work-Type Residence Permit after graduation from a university in Shanghai.

Previously, foreign students who completed their studies could not be employed in Shanghai because they lacked the requisite two years’ working experience.

What This Means for Employers and Foreign Nationals

Foreign nationals under the R (Talent) Visa should benefit from eligibility for a longer Work-Type Residence permit validity period and the ability to hire foreign housekeeping staff. 

Additionally, recent foreign graduates can now work and reside in Shanghai.

Fragomen will continue to provide further updates about the developing policies as new information is provided by the Shanghai Public Security Bureau and other relevant authorities.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].  

Fragomen in China is Fragomen (Shanghai) Co. Ltd., operating exclusively as an immigration consultancy and not as a law firm in China.

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