Foreigners have been having a tough time getting a working visa
from Chinese government agencies because the process is too complex
and time consuming. But a new procedure announced by the Beijing
Public Security Bureau's (PSB) Administration of Entry and Exit
Department promises to make applications for visas and residence
permits, or their renewals, easier if the applicants follow the
regulations properly.
The new procedure, however, exposes the foreigner to some of
PRC's tax liabilities.
The November 22, 2004, announcement applies to all types of
Chinese visas ("F" Business Visit Visa, "Z" Working Visa", etc.)
and both to foreigners and their family members. Since the PSB has
not issued a written guideline, an applicant has to depend on the
verbal instruction of the bureau officials, all of who may not come
up with the same interpretation of the regulations.
Additional documents
Foreigners working in China generally need a "Z" working visa
and a residence permit, issued normally for one year, after which
it can be renewed. It's mandatory for the foreigner's family
members living with him/her in China too to have these documents -
though they are no permits for them to hold a job in the country,
unless they have got a Working Card or an Employment Permit. Apart
from the usual travel papers, such as passports, needed to apply
for the "Z" working visa and residence permit, an applicant now has
to furnish a number of other documents too.
1) Proof of residence in China - Applicable both to expatriates
and their accompanying family members
A letter confirming the residential status - whether permanent or
temporary - of the foreigner with his employing company's official
stamp has to be issued by the hotel or apartment he/she is staying
in. The letter should clearly spell out the full names of the
foreigner and his/her family members, if any.
If the foreigner has been occupying a government-approved
international estate, a copy of the official approval should be
attached with the application, otherwise it has to be notarized by
the local police station.
In cases in which a police station's notarization is necessary,
the lawkeepers may have to furnish proof that the landlord has paid
the tax on his income from rents. But the lack of guidelines may
prompt the policemen into seeking information from one another. The
police, however, should know that if the landlord has not paid his
tax, the visa application process may be delayed or jeopardized.
Also, PRC tax regulations say that if the landlord is an overseas
enterprise or individual, the tenant automatically becomes his
withholding agent, and has to pay the tax on his behalf.
2) Proof of family relations
The family members of a foreigner applying for a visa or
residence permit in China need to furnish official documents
proving their relationship. These documents have necessarily to be
issued by their home country. The spouse has to prove her/his
relationship by providing a marriage certificate, and children's
kinship can be proved through their birth certificates. All the
documents have to be submitted in the original with the application
to the PSB. Duplicates/photocopies have to be notarized by the
Chinese Embassy in the applicant's home country.
No residence permit booklets
Instead of issuing a separate residence permit booklet, the PSB
will now give out a residence approval card, to be attached to the
applicant's passport. Residence permits are renewed along with the
Z visas and work permits.
Since the State Public Security Bureau has not revised its
regulations, the new procedure applies only to those foreigners
living and working in Beijing, though some other cities such as
Shanghai also demand proof of residence. Rules and regulations for
visa and residence applications may, however, differ from city to
city and district to district.
(english.gov.cn October 20, 2006)
