The Administrative Regulations of Entry and Exit of Aliens (Consultation Draft) (the “Draft”) was released on May 4, 2013 to solicit public comments.

Pursuant to the Draft, foreign high-level talents and special talents in short supply who need to reside or stay in China can apply for R1 visa or R2 visa; and the foreigners who come to China for a post or employment can apply for Z1 visa (working in China for more than 90 days) or Z2 visa (working in China for no more than 90 days).

The Draft stipulates that, upon the establishment of de facto employment relationship where there is no employment contracts, it should be regarded as illegal employment for foreigners who fail to obtain valid work permit and work-related residence permit, regardless of whether they actually get remuneration. If the illegally employed foreigner is deported and cannot afford the deportation expenses, the entity or individual who has illegally employed him/her should bear the expenses.

Moreover, the Draft also sets regulations regarding the issuing of residence permits, thepart-time job or out-of-campus internship for the international students and other issues etc.

KWM Comments:

On basis of absorbing the existing provisions, the Draft further refines the regulations set by the PRC Exit-Entry Administration Law which will come into force on July 1, 2013. Meanwhile, the Draft follows the trend of latest legislation, working out measures to carry out the “Plan for Introduction of Overseas High-level Talents” by providing provisions regarding the application for R1 visa and R2 visa.