More Hoops and Hurdles on the Way for Obtaining a Working Visa for Foreigners

Things are about to get a lot more complicated for foreigners looking for employment in Beijing. KTA Legal via The World of Chinese points out new regulations that will require foreigners to “prepare criminal record clearances to receive work authorizations.”

As quoted in the post:

“The certificate must be issued by the relevant public security or judicial authority in the applicant’s country of nationality, and must show that the applicant has no criminal record from the age of 18 through the present. The certificate must be legalized by a Chinese diplomatic post in the country of issuance. The Beijing Labor Bureau has not provided guidance with respect to applicants who reside in a country other than their country of nationality, except to advise that the regulations are still in development.

The certificate will be required during the first stage of the application process. For standard work permit applications, it will be required when the employment license application is filed. For applications sponsored by a representative office of a foreign company, the certificate will be required when the work permit application is filed, as employment licenses are not required in these cases. “

According to the KTA post it appears that the new procedure applies only to the application process for new work permits – current Z Visa holders in Beijing who merely need to renew their work permits going forward have nothing to worry about (for now). If you need to process a new work permit and want to save yourself the hassle of having to obtain a certificate from your home country, you’d better hurry – the new law goes into effect July 1st.

Continue reading at agendabeijing.com.

Comments

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chredwa wrote:
Silly,

I will be switching from a rep office to a WOFE in the next 6 months. I have been here on a Z visa as chief rep since 2004. I will be the Legal Rep (Gen Manager) for the WOFE. I have not lived in my home country for more than 20 years (since I was 23). Again, poorly thought out plan created by government bureaucrats.

Of course I dont have a ciminal record in my home country, because I have not lived there in over 20 years.

If you read the information PROPERLY , you will see the CRB check is for a NEW visa application NOT a renewal.I did'nt live in my home country for the best part of 30 years , but you can obtain copies of police records from your last domiciled address and provide translations.

Does this really look like the face of concern?

agreed

Silly,

I will be switching from a rep office to a WOFE in the next 6 months. I have been here on a Z visa as chief rep since 2004. I will be the Legal Rep (Gen Manager) for the WOFE. I have not lived in my home country for more than 20 years (since I was 23). Again, poorly thought out plan created by government bureaucrats.

Of course I dont have a ciminal record in my home country, because I have not lived there in over 20 years.

Law of Visas start this July 1st is still the same, perhaps, except for those who are going to apply a newly Z visa. Requirements in getting a Z visa are same with European, American or even Asian passport holder, these are the following:
1. Passport
2. Bachelors Diploma or higher
3. 2pcs. passport size ID photos
4. Temporary Residence Permit
5. Physical Examination Certificate
6. 2 years work experience Certificate
7. Company Licence Copy
8. Certificate of Approval (only for Foreign Company)
9. Social Security Registration Certicate (only for Local/ Chinese Company)
10. Company's Stamp

New added requirement in applying a new Z visa is:
1. Criminal Record Clearance

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There is a reason for that average 4 month tenure: schools are just not interested in employing qualified people because they can't afford it or it will cut in their profits.

I've seen it happen over and over for the last 10 years where the demand is so high that they can take the first person off the street that looks the part which in turn keeps the salaries low and profits up.

A reputable school shouldn't have to worry about that if they do their homework and get the right people on board.

As a parent of a young child in the schools here, and where foreign English teachers have an average tenure of about 4 months, I give this initiative a MASSIVE THUMBS UP.

but bluefish is right -- the key point is ultimately an employer has to step up to take some responsibility.

Having said that, given the globetrotting nature of most expats, it's going to be next to impossible for an employer to trace the global footprint of what amounts to an itinerant worker to assure they haven't been doing naughty things in the places they've lived.

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It's hard to know what I think about this. On the one hand, it would be a good thing if China started keeping out some of the trash that come here. On the other hand, this kind of thing rarely keeps out the trash. Trash just keeps finding new ways in. Instead it keeps out good people who just figure it's all too much trouble.

If they started prosecuting and punishing companies–especially schools–for employing trash, as well as for convincing foreigners abroad who don't know any better that they can come work legally on F visas and L visas and Z visas from other companies or shady back deals–instead making the poor foreign saps take all the blame for something they couldn't possibly know or figure out–those companies and schools would self-police their own foreign hires much more effectively. It's not a perfect solution, either, but it would work better than this will.

If you have a current Z visa and are switching companies then you don't need to provide a criminal record. It would be just a transfer process.

If you are applying for a Z visa for the first time and with a new company, then you will need to do so come July 1st.

Jerry Chan, Digital Marketing & Content Strategy Director

if i change my company do still i need to produce no criminal certificate?

can we say knee-jerk reaction?

Beware of who I am not is more sensible than who I am