2020.03.27
Because of the rapid spread of COVID-19 across the world, China has announced yesterday that it decided to temporarily suspend the entry into China by foreign nationals holding visas or residence permits still valid from 0 A.M., 28 March 2020.
The Link of Announcement:
https://www.fmprc.gov.cn/mfa_eng/wjdt_665385/2649_665393/t1761867.shtml
According to this announcement, we prepare the following table to show the circumstances under which the visa or residence permit will be suspended or allowed.
SUSPENDED
ALLOWED
Foreign nationals holding visas
Diplomatic Visa
Foreign nationals holding residence permits
Official Visa
APEC Business Travel Cards
Courtesy Visa
4/72/144-hour visa-free transit policy
C Visa (The Visa applicable to the airline employees)
Hainan 30-day visa-free policy
Foreign nationals coming to China for necessary economic, trade (shall apply for a new visa at Chinese embassies or consulates)
The 15-day visa-free policy specified for foreign cruise-group-tour through Shanghai Port
Foreign nationals coming to China for scientific or technological activities (shall apply for a new visa at Chinese embassies or consulates)
Guangdong 144-hour visa-free policy specified for foreign tour groups from Hong Kong or Macao SAR
Foreign nationals coming to China out of emergency humanitarian needs (shall apply for a new visa at Chinese embassies or consulates)
Guangxi 15-day visa-free policy specified for foreign tour groups of ASEAN countries
After this announcement, many foreigners are worried about this new situation and want to know more about the visas, residence permits and other matters relating to the entry to China. Here, we provide the following Q&A which foreigners may be interested for your reference:
1. Why China issued this Announcement?
Recently, the number of inbound passengers will be out of the capacity of the Chinese government to respond to COVID-19 and cause great pressure on its epidemic measures for prevention. In order to ensure the results of the prevention and control measures, China has to implement these temporary measures to mitigate some pressures.
2. If I arrive in China after 0 A.M., 28 March 2020 because of some objective reasons, such as transferring, can I enter China?
After 0 A.M., 28 March 2020, the Administration of Entry and Exit will implement the measure of repatriation for foreign nationals holding visas or residence permits.
3. If I am in China now and my visa will be expired in these days, can I still stay in China?
The period of validity of visa for the foreigners in China will be automatically extended for two months. If this measure continues for more than two months, we expect that the Chinese government will also introduce measures for further extension in the future.
4. How can I apply for visas at Chinese embassies or consulates for necessary economic, trade, scientific or technological activities or out of emergency humanitarian needs?
Currently, the Chinese government did not disclose the details of the application for new visas. We suggest that foreigners shall confirm with the local Chinese embassies or consulates later, for instance, within next week. It shall be noted that the announcement is issued to reduce the amount of inbound people. Therefore, the application for new visas is likely to be difficult, we think some new requirements will be put forward or the period of application may be longer than before.
5. Whether my visas acquired before this announcement is still valid?
The foreigners』 current visa acquired before this announcement is still valid. If this announcement is cancelled during the valid period of the visa, foreigners can still enter China with this visa. If the visa is expired during the period of this announcement, foreigners shall apply for a new visa to enter into China.
6. Whether I can hold the foreigner’s permanent residence card to enter into China?
The residence permits mentioned under this announcement include the foreigner’s permanent residence card. Therefore, the suspending measure shall also apply to people holding the foreigner’s permanent residence card.
7. If I have signed the employment agreement with a company in China and I can’t enter into China to perform the agreement, what should I do?
It is recommended that foreign employees shall negotiate with the company in China to confirm whether it is acceptable to work at home or to suspend the performance of the agreement. Furthermore, we think the employers of the company in China can’t terminate the agreement directly, therefore, if your employer damages your legitimate rights and interests, we suggest that you could protect your rights and interests by legal means.
8. Whether residents of Hongkong, Macao, and Taiwan will be affected by this announcement?
Because Hongkong, Macao, and Taiwan are part of China and residents from these areas don’t need to use visas to enter into China. Therefore, the suspending measures under this announcement do not apply to residents of Hongkong, Macao, and Taiwan.
A&Z keeps you informed on any novelty by means of our regular publications.
COVID-19 Client-Responding Group of Contacting Window of COVID-19 Client-Responding Group:Chinese: Cheryl Xu Cxu@a-zlf.com.cnJapanese: Suzuki Satomi Suzuki@a-zlf.com.cnEnglish: Elena Gomez Egomez@a-zlf.com.cn©2020 Shanghai A&Z Law FirmPrevious articles:
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