Operation Guide for Confirmation Letter for Foreign High-end Talents

 (For temporary implementation)

 

 

I. Scope of Application

The Guide is applicable to the inviter established according to law in the People’s Republic of China to apply for the Confirmation Letter for Foreign High-end Talents for foreigners to apply for foreign talent visa (R visa).

 

II. Basis for Handling

(I)  Article 16 of the Exit-Entry Administration Law of the People's Republic of China: Visas are categorized as diplomatic visa, courtesy visa, official visa and ordinary visa. Appropriate types of ordinary visa shall be issued to foreigners who enter China due to non-diplomatic or official reasons including work, study, family visit, travel, business activities and talent introduction. The types of ordinary visa and relevant issuance measures shall be stipulated by the State Council.

(II) Article 6 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners:  Ordinary visas are divided into the following categories and shall be marked with corresponding letters in the Chinese phonetic alphabet. The R visa is issued to foreigners of high talent who are needed, or specialists who are urgently needed, by the State.

Article 7: To apply for the R visa, the applicant shall meet the qualifications and requirements set by the competent authorities of the Chinese government for inviting persons of high talent or urgently needed specialists, and the applicant shall, in accordance with relevant provisions, submit the relevant certification documents;

(III) Notice of the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security on Issuing the Implementation Measures for Foreign Talent Visas (WZF [2017] No.218)

 

III. Handling Agency

 

(I) Name of the accepting authority

Shanghai Talent Service Center is responsible to accept and review the application.

 

(II) Issuing body

Shanghai State Administration of Foreign Experts Affairs is to decide.

 

IV. Application Conditions

 

(I) The basic conditions of the inviter

It is established in accordance with the law, has an actual business site, pays taxes in accordance with the law, pays social insurance, and has no record of serious violation of law or breaking faith. And issues required by laws and regulations to be approved by the industrial competent departments in advance should be approved in such way.

 

(II) Basic requirements for applicants     

1. Should be at least 18 years old, in good health, have no criminal record, have inviter in China and demonstrate a good credit record.

2. Being the high-level foreign talents needed for the national economic and social development and urgently needed talents in short supply, and scientists, top technological talents, international entrepreneurs, specialist talents and highly skilled talents in the high-grade, precision and advanced fields in need. They should meet the standards of foreign high-end talents (Category A) under the Classification Standard for Foreigners Working in China (For Trial Implementation). State Administration of Foreign Experts Affairs would join hands with the Ministry of Foreign Affairs and the Ministry of Public Security to adjust the identification standards for foreign high-end talents from time to time based on the social and economic development needs and the talent supply-demand status.

3. Applicants shall comply fully with all laws and regulations provided for foreigners working in China.

 

V.  Application Materials

 

(I) Formal Standards

Originals of all hardcopy materials and their translations in Chinese must be electronically uploaded to the Service System for Foreigners Working in China electronically. All non-Chinese supporting documents must be translated into Chinese and stamped with the employer's seal (except for passport or international travel documents). Apply online, without need for hardcopy materials to be submitted.

 

(II) Application materials catalogue

1. The inviter registers an account online

Using the Service System for Foreigners Working in China for the first time, the inviter should register for an employer account, fill in the employer information online and submit the necessary electronic documents (see the Operation Guide for Work Permit for Foreigners Working in China (for Temporary Implementation-Employers or entrust professional service institutions to register online). After the registration is identified by the accepting window, the inviter could use the system. Employers do need to register again in they have registered in Service System for Foreigners Working in China before.

2. Apply to obtain theConfirmation Letter for Foreign High-end Talents

Foreign high-end talents (Category A) meeting requirements under the Classification Standard for Foreigners Working in China, submit the following documents please:

 

S/N	List of materials	Original/copy Copy	Number of copy	Hardcopy/electronic copy Electronic	Requirements	Remarks
1	Confirmation Letter for Foreign High-end Talents Application Form	Original	1 copy	Electronic	Fill in and print online. After the applicant signs (copies or sends fax), it should be affixed with the official seals of the inviter or of the authorized department of the inviter and uploaded in the system.	Official seals of the inviter include the legal name seal and the official seals of foreign affairs and personnel agencies that have been registered with the system
2	Invitation letter from domestic employer	Original	1 copy	Electronic	Issued by the inviter, affixed with the official seals of the inviter or authorized department of the inviter, and uploaded in the system.
3	Supporting materials for meeting the standard of identification of R visa talents	Original	1 copy	Electronic	Foreign high-end talents (Category A)(I)  meeting requirements under the Classification Standard for Foreigners Working in China (I) selected into relevant talent programs in China; (II) meeting internationally recognized standards for the recognition of professional achievements; (III)  meeting the need of market-oriented encouraged positions; (IV) innovation and entrepreneurship talents; (V) outstanding young talents; (VI)  talents with 85 points and above should provide their respective supporting materials.	For details of supporting materials, see the remarks.
4	Applicants Passport or international Travel Documents	Original	1 copy	Electronic	The information page of the passport or the international travel document.	and the remaining valid period of the passport shall be not less than 6 months;
5	Applicants bareheaded and full-face photo taken within the last 6 moths	Original	1 copy	Electronic	An electronic photo that was recently taken, with a clean white background, no borders, complete facial features, clear images, no spots, flaws and ink defects.	Wearing a hat or scarf is not recommended. If such clothing cannot be removed due to religious reasons, please make sure that it does not block the applicants’ entire face.
6	Other materials
Remarks: 1. The talents selected in the domestic talent introduction programs shall submit relevant certificates, proofs or supporting documents containing the candidates (the publication list). 2. Talents who meet internationally recognized standards for professional achievement recognition should submit relevant awards, award certificates or supporting materials. 3. Foreign talents who meet the need of market-oriented encouraged positions should submit the supporting materials of the enterprise (as detailed in the Operation Guide for Work Permit for Foreigners Working in China) and the supporting materials of the talent, such as the work proof for the foreign talents serving entities in China or for Chinese entities inviting foreign talents to provide enterprise management services or technical support. 4. Innovation and entrepreneurship talents should submit the enterprise capital (paid-in registered capital) verification report and other investment proofs issued within the last 12 months, and the supporting materials for the talents holding important technological invention, patents and other proprietary intellectual property right or technologies. 5. Outstanding young talents should provide post-doctoral supporting materials. 6. Talents meeting the market-oriented salary determination standards of Shanghai and with more than 85 points should be deemed as foreign high-end talents planning to work in China. To be specific, foreign talents meeting market-oriented salary determination standards of Shanghai, with annual salary of RMB600,000 and more in China, and paying tax of RMB120,000 and more in Shanghai should also submit the employment contract (dispatch letter) and other necessary documents. The municipal administrative department for foreign talents may adjust the salary standard timely according to the needs of economic and social development and the supply-demand status of human resources. Talents with more than 85 points should provide the highest academic degree certificate, professional qualification certificate, Chinese proficiency certificate (HSK certificate), employment contract (dispatch letter), annual salary proof in China, working qualification certificate and other necessary documents. 7. In the application involving salary matters, the applicant shall submit the letter of commitment of the employer (the commitment matters shall include the annual salary of the foreigners, the amount of annual tax paid by them in Shanghai, etc., affixed with the employer's official seal), which should be incorporated in the credit records of the employer and the applicant. A list of abnormal information would be prepared. 8. The point-based system involving local incentive points means that, special talents meeting the social and economic development needs of Shanghai and recommended by the superior department or the industrial association authorized by industrial competent department, could be granted up to 10 points, as the awarded points. Mainly include: Other foreign personnel indeed needed by foreign capital research and development centers; other foreign personnel indeed needed by enterprises affiliated with the central government and their secondary subsidiaries, global or regional headquarters of World Top 500 Companies, national high-tech enterprises, state-certified enterprise engineering research centers, engineering laboratories, engineering technology research centers, enterprise technology centers and local technological innovation service platforms, etc.; innovation and entrepreneurship talents recommended by the talent competent department at district levels;  special talents that are in short supply in Shanghai with special expertise.

VI. Deadline of Conclusion

The accepting authority accepts theConfirmation Letter for Foreign High-end Talents submitted by the inviter within 1 working day since the date of submission (excl.). The issuing body reviews the application for Confirmation Letter for Foreign High-end Talents, and makes decision and inform the inviter within 5 working days.

 

VII. Handling Procedures

1. Making application online. The inviter logs on the website of State Administration of Foreign Experts Affairs (http://www.safea.gov.cn), goes to the Service System for Foreigners Working in China, enters the application information online and submits the electronic documents.

2.Accept online.The accepting authority, after accepting online, decides on if to accept. Application issues    Applications where all necessary application materials are submitted in required form should be accepted within 1 working day since the date of submission (excl.). Reason and basis should be informed in the case of necessary application materials missing or not in the required form.  No need to submit the hardcopy documents for verification any more.

3. Review online.The accepting authority, after accepting online, should finish review within specified time.

4. Making decision online. For applications where all necessary application materials are submitted in required form, the approval body should make decision within 5 working days since the date of acceptance, and issue the Confirmation Letter for Foreign High-end Talents online. If the application does not comply with relevant conditions or standards, the explanation shall be given.

 

VIII. Notes

 

(I)  After submitting the application online, the inviter could log on the system for real-time inquiry of the progress and result. After the application is approved, the inviter could print the Confirmation Letter for Foreign High-end Talents online.

 

(II)  The permit accepting or approval body could verify the authenticity of the application materials via face-to-face interviews, telephone inquiries, field investigations and random spot checks.

 

(III)   Apply for R visa with the Confirmation Letter for Foreign High-end Talents

The applicant should, within 6 months since the issuance of the Confirmation Letter for Foreign High-end Talents, apply to Chinese embassies (consulates) and Office of the Commissioner of the Ministry of Foreign Affairs in the HKSAR and in Macao S.A.R with the confirmation letter for the R visa, and should submit the following materials:

1. Application form for visa

2. Passport of the applicant (with validity period being more than 6 months) and photo complying with requirements;

3. Printed Confirmation Letter for Foreign High-end Talents;

4. Other materials required by Chinese embassies (consulates) and other institution functioning abroad entrusted by the Ministry of Foreign Affairs.