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Measures for the Implementation of the Foreign Talent Visa System

2018-3-7

Article 1 These measures are formulated for the purpose of defining and clarifying the standards for foreigners to apply for foreign talent visa (i.e. R Visa), standardizing the procedures, enhancing organized interconnections of visa, work permit and work-type residence for foreign talents and facilitating innovation and entrepreneurship of foreign talents in China. These measures are formulated in accordance with the Exit and Entry Administration Law of the People’s Republic of China and other relevant laws and regulations.

Article 2 Within the scope of respective responsibilities, the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security shall formulate the standards for R visa application and be responsible for guiding the issue, extension, renewal and reissue of the R visa.

Article 3 The State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs, and the Ministry of Public Security shall establish and improve mechanisms for coordination and cooperation in the field of services and administration, and shall facilitate exchange of information on confirmation of foreign talent qualification, issuing of R visa, foreigner’s work permit, work-type residence permit.

Article 4 The R visa shall be issued to high-level and urgently demanded foreign talents, such as scientists, science and technology leading talents, international entrepreneurs, specialized and high-skilled talents and other foreign high-end talents urgently needed in the economic and social development of China who fall in line with the national priority list for foreign talents.

Foreign applicants for the R visa shall conform to the standards for high-end foreign talents (Category A) as stipulated in Evaluation Criteria for Foreigners Employed in China (Trial). The State Administration of Foreign Experts Affairs shall work with the Ministry of Foreign Affairs and the Ministry of Public Security for timely adjustment of the criteria based on the economic and social development and the supply and demand condition of talent resources.

Article 5 To apply for the R visa outside the territory of China, the employer shall submit application to the foreigner employment administrative department of the provincial, autonomous regional or municipal government (hereinafter referred to as provincial-level government) and submit the online application form, letter of invitation from a domestic employer and supportive documentation to prove conforming to the R visa talent standards.

For applications conforming to the standards for high-end foreign talents, the foreigner employment administrative department of the provincial-level government shall issue the Confirmation Letter for High Level Foreign Talents (as shown in the attachment) online to the employer within 5 working days and shall exchange the Letter and other information with the Chinese embassies, consulates or other overseas agencies authorized by the Ministry of Foreign Affairs where the applicant is located. The State Administration of Foreign Experts Affairs shall exchange such information with the Ministry of Foreign Affairs and the Ministry of Public Security.

The State Administration of Foreign Experts Affairs shall strengthen the supervision and inspection of the foreigner employment administrative department of the provincial-level government on the foreign talent qualification acceptance, review, service, administration and so on.

Article 6 When submitting R visa application to the Chinese embassies, consulates or other overseas agencies authorized by the Ministry of Foreign Affairs, the foreign applicant shall submit the following documentation:

1. Visa Application Form;

2. Passport of the Applicant (with a valid term longer than 6 months) and a standard photo;

3. A printed copy of Confirmation Letter for High Level Foreign Talents;

4. Other documentation as required by the Chinese embassies, consulates or other overseas agencies authorized by the Ministry of Foreign Affairs.

Article 7 The Chinese embassies, consulates or other overseas agencies authorized by the Ministry of Foreign Affairs shall issue the R visa with multiple entries of 5 to 10 years to the qualified applicants. Their spouses and minor children will also be granted relevant type of visa with similar multiple entry dates.

Article 8 The Chinese embassies, consulates or other overseas agencies authorized by the Ministry of Foreign Affairs shall accept urgent R visa application by qualified applicants stated in Article 7 and shall issue the visa within 2 working days.

Article 9 The Chinese embassies, consulates or other overseas agencies authorized by the Ministry of Foreign Affairs shall charge no visa fee or expediting fee for qualified applicants stated in Article 7.

Article 10 R Visa holders shall apply for the Foreigner’s Work Permit issued by the foreigner employment administrative department of the provincial-level government or its authorized institutions where the employer located.

R Visa holders may apply for the Foreigner’s Work Permit by online submitting the employment contract or employment certificate, medical certificate, visa page of the R Visa, information page of the passport. And the extension, renewal and reissue of the Foreigner’s Work Permit may be applied completely online. The foreigner employment administrative department of the local government shall review and make decisions within 3 working days and exchange relevant information with exit and entry administration of the public security at the same level.

Article 11 In accordance with relevant laws and regulations, the public security authority shall provide visa and residence convenience for foreign talents in China.

Article 12 The State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security shall enhance administration innovation, provide more convenience for foreign talents in China and continuously improve the service level based on the national economic and social development demands.

Article 13 The interpretation of these measures shall be vested in the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security and these measures shall go into effect as of the date of formulation.

Attachment: Confirmation Letter for High Level Foreign Talents