China Visa update

Two months ago I have visited the Chengdu Visa agency and the Chengdu foreign expert agency. This was an initiative from the EU chamber to acquire information for members about the visa process and the problems involved with it. We spoke to the managers in both agencies about the current situation of getting the expert certificate and a visa. Lately I hear that more and more foreigners receive a letter that friendly requests them to leave the country within a couple of days since their visa period is over and no new visa can be granted.

China is making “stricter” rules for foreigners that want to visit the country for different reasons. Before it was quite easy and almost no rules at all existed for entering. This caused people of course to take an easy attitude before. Tourists came in without problem, just 2 weeks before departure people went to the embassy to get a visa. Also HK was allowed to issue visa’s for foreigners. For business people there were different rules; Temporary visitors that went on a business trip could just apply for a business visa by mentioning the reason of stay or were even able to use a tourist visa. People that wanted to work for a short period were able to get a working permit and visa when the company in China issued a formal invitation letter. And then there were and still are many small businesses and entrepreneurs that settled down with 1 year business visa’s and expanded the period every time by flying to HK or could even do it at their local police department. It is also known that many starters in China are not officially registered as legal entity because of the “easy” past. Now, the rules have changed and people that finally got their business of the ground (and did not get their registration and book finished) are asked to get out of the country. Imagine, after all the hard work, you have to leave operations because you basically have a non existent company. And since company registration varies from about 1 to 6 months for small companies, it will be difficult and costly to find a way to stay in China.

Now, everybody seems to be surprised that they are not allowed to stay. In my opinion these rules are not strict at all. First, I cannot think of many countries that are not applying rules to visitors of their country. China just professionalizes the way of registration and keeping track of visitors which makes the country safer to live in.

For every problem, there is of course also a solution. Below my know-how of getting a visa for different groups of people.

1) Business travelers: Go to the Chinese consulate in your country with a formal letter of invitation that is issued by the local government of the company which you are visiting (ask that company to send their assistant to go there with a prepared letter to chop it). If this is to much hassle you can still go for a tourist visa; Ask somebody you know in the city where you want to go to send a letter of invitation with their house address + their visa (if foreigner) and passport. Or even easier; Book a Hotel and show your reservation proof. In both cases for the tourist visa, you should be registered at the local police station upon arrival. If you chose the hotel option, the hotel will do it for you. If you arrange it by yourself with a “friend”, you should do it yourself. Don’t worry, on every corner of the street there is a police station.

2) Tourists: check the tourist option above under the business travelers.

3) Existing Company start-ups: If you already have a business license (official registration), you have nothing to worry about. All directors will automatically get an 1 to 5 year expert certificate. (the certificate time span is determined by your request). I know that many argue that this also has been limited because of the Olympics. Nevertheless, the officials assured me that IF, you full fill the requirements of Director. there is no problem. On the IF (not listening to intermediaries), i will come back later.

4) Starters: Apply for a business license. Do this by contacting local governments of the city. If you still have not found these contacts in your research and business plan period, I question if you are serious about setting up a company. However, I assume that you have a contact list with important people. Otherwise companies such as Fesco are quite useful for applying for a business license. Here in Chengdu it won’t costs you too much to setup a small business. with their help. I believe that if you have your time line clear, that you can start with a tourist visa to come here. Otherwise I am also sure that the local government can send you a prove of registration application which can get you a business visa. Then, after the registration, apply for the expert certificate and you will have your visa.

5) International employees: Check business visa. Otherwise let the company issue a invitation for a longer period.

6) Teachers: At least here in Chengdu, it is pretty crowded with English teachers from all over the world. The schools here need many teachers and do almost everything to get more foreign teachers. When you sign a contract with the school, they arrange the visa for you, pay well, and even provide you with an apartment.

7) Backpackers: Hmm. Plan your hostels and get all the booking proof upfront to the consul in your county. I am not sure about this one, but I kind of see the overlap with a tourist visa.

These are just some examples. I am sure that there are many other different type of people and situations. But if one of these profiles matches with you I hope it can help.

As last I would like to communicate the advise that was given to me by the foreign expert agency. They told me that it is better not to use any intermediary for applying this certificate. The foreign expert status can easily be given when you match the following profile. (Most problems arise when an intermediary translates these requirements wrongly and you are getting frustrated with the expert agency while the intermediary messed up)

Some of the requirements are (get the total list from their website). Don’t use me as intermediary ;)

-Director (thats it).
-Top management of company +
-Even a specialist in some ways can get it (funny example is the foreign players in Chengdu soccer team, but i am sure that this is an exception)
-(not for director or top mgnt) Have a Master or MBA +
-(not for director) Have at least 5 years work experience (based on the resume you write yourself) +
-(not for director)The work contract + period +
-And more…

My conclusion is that there are clear and fair rules that any other country also would apply to foreigners. I have given some examples for the expert certificate because it is an easy solution for entrepreneurs. Nevertheless, in the situation of just being a worker, you can apply for just a work permit which is based on the local companies invitation letter and the contract that they sign with you.

As last remark. The above is based on my experience in Chengdu. If you see any big differences with other parts of the country, please add a comment.

Rgds,

Ewout