China – Immigration Alerts

  • Beijing – Now Enforcing Age Limits for Foreign Workers
  • Beijing – New Rules for Companies Hiring Foreign Employees
  • Shanghai – New Requirements for Legal Representatives

 

Beijing – Now Enforcing Age Limits for Foreign Workers

What has changed

Effective immediately, Beijing has begun enforcing age limits for foreign work permit holders.

The retirement age in China is sixty (60) for men and fifty-five (55) for women. Applicants in this age group should be prepared for greater scrutiny, possible rejection, or longer waiting times for work permit approvals.

Previously the Beijing Labor Bureau was relatively flexible with foreigners over sixty (60) applying for work permits. This is not a change to the current rule rather, authorities are now exercising greater exertion to put the rules into force.

Who is affected?
What to expect

  • New and renewal applicants nearing or above sixty (60) years of age

Foreign applicants nearing or above sixty (60) years of age seeking extensions will now need to request a pre-assessment from the Beijing Labor Bureau  before submitting their application.  First time applicants will now have to provide stronger justification to support their applications. The Beijing Labor Bureau reserves the right to exercise full discretion when reviewing these applications.

Applicants who fall within this category should be prepared for application denials, and allow for extra lead time to factor in possible delays in their permit approvals.

Currently this enforcement only applies to Beijing but may be enforced in other cities or prefectures later. Emigra Worldwide will continue to monitor for any updates.

What you need to do
Planning ahead

  • Expatriates in this age group should start their work permit and residential permit extension applications at least four (4) to five (5) weeks before their current permits expire. This will allow for pre-assessment screening to be conducted by the bureau.
  • New applicants should be prepared for greater scrutiny, possible rejection or longer waiting times for permit approvals.
  • Contact your Emigra Worldwide attorney or representative for further details on how these updates may impact you or your client.

 

Beijing – New Rules for Companies Hiring Foreign Employees

What has changed

Effective immediately, companies are required to provide reasons for engagement when hiring foreign nationals. Details must be provided on the skill sets that are required for the position and if the applicant will bring any interest or financial benefit to the company during his/her employment. Previously this was not a requirement.

Who is affected?
What to expect

  • Companies hiring foreign nationals in Beijing

Going forward, permit approvals are expected to be more stringent as a result of the new requirements. Please contact you Emigra Worldwide representative for more details on the new application format that is required by the Beijing Labor Bureau.

What you need to do
Planning ahead

  • Contact your Emigra Worldwide attorney or representative for further details on how these updates may impact you or your client.

 

Shanghai – New Requirements for Legal Representatives 

What has changed

Effective immediately, registered legal representatives of Chinese entities are required to provide their academic qualifications and a copy of reference letters from previous employers when applying for a work permit in Shanghai. Previously, this was not a requirement.

Who is affected?
What to expect

  • Companies who have or intend to establish legal entities in Shanghai

Clients intending to establish new legal entities in Shanghai or have the need to change legal representatives must take the new requirements into consideration. All academic records and reference letters must be translated into Chinese with a company stamp affixed thereupon.

What you need to do
Planning ahead

  • New requirements may be expanded to other regions in the future. Emigra Worldwide will continue to monitor for updates.
  • Contact your Emigra Worldwide attorney or representative for further details on how these updates may impact you or your client.

The information above was provided by Emigra Worldwide, our global network partners, and relevant government authorities. The information herein is for general purposes only and not intended as advice for a particular matter. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work.

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