from ABIL Global Immigration Update

As of January 1, 2013, Beijing and Shanghai are now allowing citizens of 45 enlisted countries visa-free transit entry for up to 72 hours.

Qualified foreign nationals include those who transit through Beijing International Airport, Shanghai Hongqiao International Airport, or Shanghai Pudong International Airport. Before arriving in China, they must qualify for entering the third country and must have purchased a plane ticket with confirmed seating to that country. The transit period in China can be no longer than 72 hours. Such foreign nationals may leave the airport during their transit period and engage in tourism within the boundary of their city of arrival. The 45 countries include the United States, Canada, the United Kingdom, Russia, France, Germany, Italy, Spain, Brazil, Argentina, Australia, Japan, and Singapore.

Foreign nationals who travel outside of their city of arrival or stay beyond 72 hours may face punishment. Beijing has announced that foreign nationals who, due to uncontrollable circumstances, need to stay longer than 72 hours or travel outside of Beijing must apply for a visa at the Department of Entry-Exit Administration of the Beijing Public Security Bureau. Foreign nationals who fail to apply for a visa under these circumstances may be punished according to the law and regulations related to illegal presence. Serious violations may result in restrictions on their future entries.

Beijing's and Shanghai's new policies are more lenient than China's current transit visa waiver regulation, which only allows foreign nationals wishing to transit through China up to 24 hours without a transit visa. They must have a valid connecting ticket with confirmed seating on an international flight and they must remain in the airport. The new program also expands Shanghai's existing transit visa waiver program, which exempts citizens of a shorter list of countries from the visa requirement if the travelers transit by air through Shanghai and stay for no more than 48 hours.

from ABIL Global Immigration Update

Chinese consulates in the United States have been tightening their enforcement of visa requirements.

A recent announcement from the Chinese consulate in Hong Kong stated that as a policy matter, applicants who are not residents of Hong Kong should apply for a Chinese visa from their home countries. Foreign national applicants at the Hong Kong consulate must provide their Hong Kong permanent residence card or work permit. This policy change is in line with the Chinese government's ongoing effort to crack down on unlawful employment of foreign nationals in China. In particular, this new policy will make it more difficult for foreign nationals who work in mainland China on an F business visitor visa to travel to Hong Kong every few months to satisfy the length-of-stay requirement of their visas, or to renew their F visas and re-enter mainland China.

from ABIL Global Immigration Update

China has issued a new Entry and Exit Administration Law and tightened immigration enforcement, while the U.S. is welcoming more visitors from China.

On June 30, 2012, the Chinese National People's Congress' Standing Committee enacted a new Exit-Entry Administration Law, effective July 1, 2013. This is the first major reform of China's immigration law since 1986. The overriding policy behind the law is to create harsher punishments for immigration law violations in China.

One particular issue that the new law aims to tackle is that a growing number of foreigners have managed to live and work in China on short-term business visitor visas and periodically travel to neighboring countries and regions, such as Hong Kong, to renew them. The new law imposes monetary sanctions on employers for every foreigner illegally employed and gives the government authority to confiscate any money earned from such employment. It also subjects foreigners who illegally stay in the country to fines and possible detention. To provide more flexibility, the law reduced the minimum length of work-related residence permits from 180 days to 90 days, which will likely result in qualified employees applying for work permits rather than working on F business visitor visas.  It also creates a "talent introduction" visa category, allowing visas for foreign talent. The details of this visa category will be set by agency regulations.

The law requires foreigners who apply for residence permits to provide their fingerprints and other biometric data to the public security bureau and gives the public security bureau and Ministry of Foreign Affairs the authority to promulgate regulations to collect biometric data from persons crossing the Chinese borders. Foreigners may be found "unsuitable" to stay due to violations of China's laws and regulations. Such foreigners may be given a deadline to voluntarily depart the country. Those who commit "severe violations" may be deported and found inadmissible for 10 years.

In line with China's immigration reform efforts, certain Chinese cities have been cracking down on illegal entries, overstays, and unauthorized employment in China. The Beijing government initiated a "100-day campaign" in May. Pursuant to Chinese immigration law and regulations, foreign nationals must carry their passports and accommodation registration documents at all times. Beijing police have been checking passports and registrations in targeted popular locations for foreign nationals in Beijing, such as Sanlitun and university areas. They have been looking for those who have committed a crime, overstayed their periods of admission, or are working illegally. Beijing authorities have asked the police department to publicize this enforcement effort across the city via public notices and face-to-face communications. A hotline also allows residents to give tips to the police.

Although Shanghai officials denied that the 100-day campaign has spread to Shanghai, a Shanghai expatriate blog, City Weekend, reported on June 1, 2012, that Shanghai police raided two bars popular among foreign residents in the "Yongfu Lu" strip area, checking passports and work permits of foreigners.

Officials in Chengdu, the capital of Sichuan province in southwest China, have confirmed that a similar campaign will be rolled out there soon.

Overseas, Chinese consulates are becoming increasingly strict in their review and adjudication of visa applications, especially the requirement that all questions on a visa application be answered. All spaces must be filled in, including when the answer is "none" or "N/A." In the section about family members, all applicants must list at least one family member, even if they do not live in the same household.

Regarding Chinese visitors to the U.S., the U.S. Department of State announced in April that it aims to increase visitor visa processing capacity in China by 40 percent in 2012. In the first half of fiscal year 2012, U.S. consulates in China issued more than 453,000 visas, which was a 46 percent increase from the same time period in 2011. The State Department has reduced the waiting time to get a visa appointment in China to an average of five days. To further increase visa processing capacity, the State Department has hired more bilingual consular adjudicators and is exploring the possibility of adding visa issuance services in Wuhan, China.

from ABIL Global Immigration Update

A new entry and exit draft law has been introduced in China's National People's Congress; it is the first major overhaul of China's immigration law since 1985.

At the end of 2011, a new draft law on entry and exit administration was introduced in China's National People's Congress for initial review. The draft law was subsequently published for public comments, and is under continuing review and discussion. Once passed, this law would be the first major overhaul of China's immigration law since 1985.

The current Law on Entry and Exit Administration of Foreigners and the Law on Entry and Exit Administration of Chinese citizens were enacted in 1985, and regulations to enforce the two laws were promulgated in 1986. Due to economic growth and globalization, China has been experiencing an increased flow of both Chinese citizens and foreigners across its borders. As a result, new issues have arisen for the Chinese government regarding entry and exit administration. According to the government, the draft law aims to provide unified clarity in the administration of the entry and exit of Chinese citizens and foreigners, foreigners' temporary and long-term residence in China, and border control.

The draft law authorizes the collection of biometric data, such as fingerprints, from individuals seeking entry and exit. It requires that foreigners who stay in China for more than 180 days apply for residence permits with 30 days of their date of entry at local police departments, where applicants' fingerprints will be taken. The draft law also requires foreigners to carry valid identification and register their location of stay at their hotel, or with the local police department if the foreigner does not stay at a hotel.

The draft law signals the Chinese government’s intent to crack down on illegal employment and illegal presence in China. It defines illegal employment as providing services for compensation without a work permit and residence permit; providing services outside of the authorized scope; and foreign students working beyond the authorized scope or hour limit. Under the draft law, both employers and foreigners engaging in illegal employment will be subject to monetary penalties. Employees may also be subject to detention.

The draft law also provides guidance regarding applications for permanent residence. Similar provisions are currently included in the regulations but not in the law.