With the Law on the Administration of Exit and Entry coming into force, the matching regulation, the Administrative Regulations of the People’s Republic of China on Entry and Exit of Foreigners (hereinafter referred to as the "Regulations") has been promulgated on July 12, 2013 and shall come into force as of September 1, 2013. Then, on September 1, 2013, the Implementation Rules of the Law of the People's Republic of China on Control of Entry and Exit of Foreigners (hereinafter referred to as the ”Old Regulation”) shall be repealed.
Compared with the Old Regulation, the main highlights of the Regulations include:
- The categories of ordinary visa are adjusted from 8 classes to 12 classes: pursuant to the Old Regulation, ordinary visa is categorized in accordance with their respective Hanyu Pinyin initials as follows: D visa(Dingju, i.e. settlement), Z visa(Zhiye, i.e. work), X visa(Xuexi, i.e. study), F visa(Fangwen, i.e. visit), L visa(Lvyou, i.e. travel), G visa(Guojing, i.e. border crossing ), C visa(Chengwu, i.e. crew), and J visa(Jizhe, i.e. journalist). On the basis of the classification provided by the Original Regulation, the Regulations adds 4 classes of visa, namely M visa(Maoyi, i.e. commerce), Q visa(Qinshu, i.e. relatives), and R visa(Rencai, i.e. people with special skills), S visa(Sishi, i.e. personal affairs). Besides, the Regulations also adjust the applicable scope of the original F, X, and Z visa.
- Legalize off-campus work and internship of foreign students: Where a foreigner holding a study residence permit needs to undertake off-campus work or internship, he/she shall, upon obtaining consent of his/her school, apply to the entry-exit administration of a competent public security authority for the remark with regard to the place and period of work or internship on his/her residence permit.
- Clarifying the circumstances of illegal residence: (1) foreigners who reside or stay beyond the period of residence or stay stipulated in their visa, visit pass or residence permit;(2) foreigners who visit China on a visa-exemption scheme who stay in China beyond the visa-exemption period and do not apply for a visit pass or residence permit;(3) foreigners who do not keep to the defined place of stay or residence.
KWM comments: Legalizing foreign students’ off-campus work is a major highlight of the Regulations. Due to lack of legal basis, for a long time, foreign students can not legally undertake off-campus work or internship and get paid in China. Now, with the Law on the Administration of Exit and Entry providing guidance and the Regulations providing specific provisions, qualified foreign students will be able to legally carry out off-campus work or internship, and get paid.