Super Visa For Foreign Talents In China

The demand for foreign talents in the Chinese labour market, especially those who meet the criteria of “high-level foreign talents” (高精尖缺, Category A in the Classification Standards for Foreigners Working in China), has gradually increased in recent years. To attract these talents, the Chinese authorities have taken various measures in order to simplify administrative processes related to the examination and approval of visas, such as the Work Permit System for Foreigners implemented on April 1, 2017.

One such measure is the “green card” system for Chinese holding foreign passports, established by the Ministry of Public Security (MPS) and expected to enter into force on February 1, 2018. The measure simplifies procedures for those who come to mainland China to visit relatives, to handle private matters or to do business. Persons meeting the criteria can then apply for a visa that allows them to enter China as many times as they need for a period of five years maximum. Similarly, for those who require long-term residence, a residence permit valid for five years may also be granted.

Let’s look at the Visa Scheme for Foreign Talents. 

Have you heard about it?

The new Visa System for Foreign Talents (the “New Policy”, “外国人才签证制度”) has officially entered into force in nine pilot provinces and cities as of January 1, 2018. Amongst these cities are: Shanghai, Beijing and Guangzhou; some of the provinces concerned are: Hebei, Anhui and Sichuan. The State Administration of Foreign Expert Affairs, the Ministry of Foreign Affairs (MFA), and the MPS have released “Guidelines for the Implementation of the Talent Visa” (关于印发《外国人才签证制度实施办法》通知”【外专发（2017）218号】), a document defining the Talent Visa (“R Visa”) policy and process.

The New Policy aims at attracting high calibre professionals from around the world to support and lead the Chinese economy. It is the Chinese government’s hope and understanding that foreign talents will bring benefits to the economic and social fabric of the country, such as a more sophisticated and innovative entrepreneurial spirit.

What’s the general implication of the “New Policy”?

The New Policy substantially expands the scope and period of the visa for foreign talents in China.

What are the specifics?

The New Policy measures indicate that visas will be granted to “high-level foreign talents,” who are essential to China's economic and social development, such as scientists, technicians, entrepreneurs, and highly qualified personnel.

Who falls into the category of “high-level foreign talent”?

“High-level foreign talent” refers to foreigners who fulfil the eligibility criteria for Category A in the Classification Standards for Foreigners Working in China. To be in this category 85 points or above must be reached based on the criteria in the following table.

Certain foreigners with internationally recognized professional achievements, innovation and startup talent, post-doctorates age 40 and below, and those qualified for the government’s talent program, may be exempted from the above criteria and can also apply for the R visa.

What is the "Confirmation Letter for High Level Foreign Talent”?

"The Confirmation Letter" ("外国高端人才确认函") communique has been published in the nine pilot zones and introduces the application form and delivery system for the Confirmation Letter.

Any foreign talent applying for the Confirmation Letter must file an application form directly to the foreign expert affairs administration department at the provincial level.

The company hiring the foreign talent can apply through the Expert’s Bureau Online System. The commissioned body will then assess the application, and if the candidate fulfils the criteria, it will issue the Confirmation Letter within five working days. The candidate can afterwards apply for the talent visa at the Chinese Consulate in his/her home country. The Consulate will assess the application and grant the visa within two working days.

What does it mean to obtain the Confirmation Letter?

It means that high-level foreign talents can apply for an R visa which will allow them to enter the country as many times as they want, and stay 180 continuous days with a validity of five or ten years. Furthermore, their spouse and children (if they are minors) can obtain a corresponding visa with the same validity period and multiple-entry condition.

What brings the New Policy?

Although the scope of the New Policy is currently limited to the pilot areas, the measure has been well received by those who fall into the category of high-level foreign talents. The process has been noticeably simplified and made more convenient. For instance, application materials and forms can be submitted online. In addition, an urgent service is now available, shortening the period for visa delivery to just two working days, without a fast track processing fee. Another useful feature is that the Visa extension, renewal and re-issue application can now be submitted online and processed within three working days.