GUANGDONG — The Ministry of Public Security recently announced that new relaxed and simplified immigration policies took effect in Guangdong province (and in the Guangdong Free Trade Area (GDFTZ)) on Aug. 1, 2016 as part of an effort to establish an efficient and innovative immigration reform. The 16 new policies are designed to attract qualified foreign nationals to the province (as employees or entrepreneurs), relax the eligibility criteria to obtain permanent residence status (“China green card”), and introduce simplified visa application procedures.
Under the new policy, the following foreign individuals may be eligible for China green card in China, regardless of the individual’s job title or type of company involved:
• Highly skilled foreign individuals, along with their spouses and children under 18, provided the individual has been recognized by the office of the GDFTZ (applicable only in the GDFTZ);
• Foreign entrepreneurs in the GDFTZ and foreign technical professionals employed by enterprises in the GDFTZ that obtain a specific “score” under the scoring system (applicable only in the GDFTZ);
• Foreign individuals investing directly in the GDFTZ or individuals that are shareholders of a holding company for a company established in the GDFTZ, provided the total investment reaches USD 1 million (USD 500,000 for national encouraged industries) and both the individuals and company have good tax compliance records (applicable only in the GDFTZ);
• Overseas Chinese who have at least a doctoral degree or who have been working in the GDFTZ for at least four consecutive years and who have been residing in China for at least six months of each year (applicable only in the GDFTZ); and
• Foreign individuals working in Guangdong province for more than four consecutive years and residing in China for at least six months of each year, who have a means of support and good tax compliance record.
The processing period to obtain a permanent residence permit is reduced from 180 days to 90 business days.
Five-year residence permit: Under the new policy, the following individuals can request a five-year residence permit without any restrictions relating to the age of the individual:
Overseas Chinese starting up employment or an entrepreneurial endeavor in the GDFTZ may apply based on an approved work permit and a guarantee letter issued by the employer or he/she may apply for a five year personal affairs residence permit (indicating a venture) based on a start-up business plan.
After two renewals, foreign individuals working in Guangdong can request a five-year permit.
Highly skilled foreign individuals who are 1) recognized by the Guangdong authorities; 2) employed and guaranteed by companies recognized by a relevant authority or office of the GDFTZ; 3) employed by colleges or universities in Guangdong; or 4) employed by scientific research institutions can apply for a five year work-type residence permit (indicating high skills). Such individuals will be eligible to apply for a permanent residence permit after working for three years, provided they receive a recommendation from the employer.
A talent visa (“R visa”) can be issued by the border immigration office when the individual arrives in China, provided he/she has sufficient supporting documentation. After entering China, an individual in possession of an R visa may apply for a five-year work type residence permit based on the visa. If the individual arrives at the border with a different type of visa, he/she may change the visa to an R visa upon arrival and later apply for a five-year work-type residence permit based on the R visa.
Chinese individuals living overseas but who were born in Guangdong or who had a household registration in Guangdong at any time can apply for a five-year multiple entry visa or a five-year residence permit.
Expedited visa application process: Before the pilot program, foreign individuals coming to work in China had to apply for a “Z visa” at a Chinese consulate in their home country before coming to China and had to enter China with that visa to apply for work-type residence permit. Under the new policy, foreign individuals who have an employment permit can apply for one-year work-type residence permit upon arrival in the country with a valid visa, or can apply for a Z visa with the border authorities and then subsequently apply for a work-type residence permit.
Foreign students who have graduated from Chinese colleges or universities (including institutions in Hong Kong and Macau) and who intend to launch their own businesses in Guangdong can apply for a personal affairs residence permit (indicating a venture) that will be valid for two years. Such individuals can reapply for a work-type residence permit if they are employed by any firm in this period. —SG
