Guide to Application for Confirmation Letter for Foreign High-end Talents (Trial)

Scope of Application

 

This Guide is applicable to the Confirmation Letter for Foreign High-end Talents issued by the inviting employers established legally in the People’s Republic of China which apply for R visa on behalf of foreign high-end talents.

Applicable Objects

Basic Requirements for Inviting Employers

1. Employers shall be established by law with actual business premises, pay taxes and social insurances according to law, without serious illegal and dishonest acts; for pre-approval by the industry competent authority by law, it shall be approved.

Basic Requirements for Applicants

1. Capable applicants with good credit records shall be above 18 years old, in good health, without a criminal record, and have a certain clearly-defined employer in China.

2. The scientists, science and technology leading talents, international entrepreneurs, special talents who meet the orientation of “high-levels, elites, top leaderships, and urgently-needed people”and market demands and can contribute to China’s economic and social development shall conform to the Classification Criteria for Foreigners Working in China (please refer to the Foreigners Work Permit in China on the website of Shanghai Municipal Administration of Foreign Experts Affairs atand the website of Shanghai R&D Public Service Platform at http://www.sgst.cn) Conditions for Foreign High-end Talents (Category A). The State Administration of Foreign Experts Affairs, together with the Ministry of Foreign Affairs and the Ministry of Public Security, may timely adjust the identification standards for foreign high-end talents in the light of the needs of economic and social development and the supply and demand of human resources.

3. The laws and regulations which have special provisions, if any, for the employment of foreigners in Chinas hall prevail.

Legal Bases

1. Article 16 under the Exit and 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.

2. Article 6 under the Regulation of the People’s Republic of China on the Administration of the Entry and Exit of Foreign Nationals: 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 under The Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners: 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.

3. 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 (No. 218 [2017] of the State Administration of Foreign Experts Affairs).

Requirements for Documents Provided

1. All paper versions of original documents and the translated versions must be electronically uploaded to the Service System for Foreigners Working in China.

2. Non-Chinese credentials shall be translated into Chinese and stamped with the official seal of the inviting employer (except for passports and international travel certificates).

3. The Confirmation Letter for Foreign High-end Talents shall be applied online, and no paper documents shall be submitted for verification.

Application Procedure

1. In the event of the first use of the Service System for Foreigners Working in China, the inviting employer shall access to the Service System for Foreigners Working in China athttps://fwp.safea.gov.cn; or access to it via the government affairs service platform of the Ministry of Science and Technology at https://fuwu.most.gov.cn for account registration.

 2. After filling in employer information and uploading and submitting all the original documents, without the necessity to wait for the system’s feedback, the inviting employer shall take the original Employer Registration Form and copies of all employer documents (and stamped with the official seal) for real-name registration at the reception window in located in Building 1of Shanghai R&D Public Service Platform (Shanghai Scientific and Technological Talents Development Center/Shanghai Service Center for Foreigners Working in China) on No. 77 Meiyuan Road. Upon approval, the reception authority shall not notify separately.

3. The inviting employer shall refer to the Guide to Application for Foreigners Work Permit (Trial) for documents required for registration: the employer or the authorized service agency shall register an account online and use the system once certified at the reception window.

4. The inviting employer shall access to the Service System for Foreigners Working in China for application via the Confirmation Letter for Foreign High-end Talents for Talents’Visa.

5. The employer shall truthfully fill in the applicant’s basic information, education background, work experience, application information, etc., and upload the original documents required.

6. After uploading all the original documents, the inviting employer shall submit them for reception; upon approval, the inviting employer shall wait for reception and the issuing authority’s examination of the application for the Confirmation Letter for Foreign High-end Talents.

Documents Required

1. Application for Confirmation Letter for Foreign High-end Talents: Fill in the online application - print it out - send to the applicant for signing (send copy or fax if needed) –stamp it with the inviting employer’s seal - upload it to the system.

2. Domestic employer’s letter of invitation: The letter of invitation issued by the inviting employer and stamped with the official seal of the inviting employer or that of the authorized department shall be uploaded to the system.

3. Relevant credentials for qualified R visa applicants: For Foreign High-end Talents (Category A) up to the Classification Criteria for Foreigners Working in China (Trial) who are (I) selected in domestic programs for talents introduction; (II) conform to the internationally recognized identification criteria for professional achievement; (III) fulfill the market-oriented demand for encouraged jobs; (IV) are innovative entrepreneurial talents; (V) are excellent young talents; (VI) are foreign nationals with above 85 points, the relevant credentials shall be provided.

4. Applicant’s passport or international travel certificate: Information page of the passport or of the international travel certificate. The valid period of the passport shall be no less than six months.

5. Applicant’s bareheaded and full-face photo taken no more than six months ago: The full-faced bareheaded electronic photo shall be frameless with a white background carrying the facial features clearly shown, and clean without any spots, flaws or ink defects. Hats or other head coverings are only allowed if worn for religious reasons without obscuring any facial features.

6. Other documents: Documents provided as required by the reception authority or the issuing authority.

Notes:

1. Those selected in domestic programs for talents introduction shall submit relevant certificate, credentials or a supporting document containing the selected persons (issued list).

2. Those who conform to the internationally recognized identification standard for professional achievement shall submit the relevant certificates or credentials of such reward or award.

3. Those who fulfill the market-oriented demand for encouraged jobs shall submit the relevant credentials of the employer (please refer to the Guide to Application for Foreigners Work Permit) and the relevant credentials as a talent, e.g. a certificate of work qualification in a Chinese employer or a letter of invitation by an employer to provide corporate management or technical support.

4. Innovative and entrepreneurial talents shall submit investment certificates such as an enterprise capital verification report (actual payment of registered capital) issued within 12 months and relevant credentials for talents to own major technological inventions, patents and other independent intellectual property rights or proprietary technologies.

5. Outstanding young talents shall provide a postdoctoral certificate.

6. Applicants who meet the market-oriented salary standards of Shanghai with above 85 points shall be high-end foreign talents who intend to work in China.

7. Foreign talents who meet the market-oriented salary standards of Shanghai with an annual salary in China of 600,000 Yuan and taxes of 120,000 Yuan in Shanghai shall also submit documents such as an employment contract (dispatch letter). Shanghai Administrative Department of Foreigners may timely adjust the salary standard in accordance with the needs of economic and social development and the supply and demand of human resources.

8. In salary-related applications, both the employer and the applicant shall submit a letter of commitment (including the monthly (/yearly) salary for foreign nationals, monthly (/yearly) tax amount in Shanghai, place of tax payment, signed by the applicant and stamped with the official seal of the employer), the receiving or decision-making authority may require the employer to provide the corresponding tax payment certificate in handling the next business.

9. Applicants with above 85 points shall provide the highest degree (academic qualification) certificate, vocational qualifications, Chinese proficiency certificate (HSK Chinese Proficiency Test Certificate), employment contract (dispatch letter), proof of annual salary in China, work qualification certificate, etc.

10. The involvement of local encouragement extra credit in the score-based system refers to that, urgently needed talents who meet the needs of the economic and social development of Shanghai, an industry association identified by the competent department at a higher level or the competent department of the industry may issue a letter of recommendation and give an extra credit up to 10 points. They mainly include other foreign nationals invited by foreign-funded R&D centers in a real need; other foreign nationals invited by state-owned enterprises and their secondary subsidiaries, global or regional headquarters of the world’s top 500 enterprises, national high-tech enterprises, state-recognized enterprise engineering research centers, engineering laboratories, engineering technology research centers, enterprise technology centers and local technological innovation service platforms in a real need; innovative and entrepreneurial talents recommended by the competent department of talents at the district level; other special expertise in urgent need of Shanghai.

11. For foreigners who enter China for work on R visas, the employer shall apply for the Foreigners Work Permit as required by the policy for Foreigners Work Permit issued by the Administrative Department for Foreigners Work in China.

12. The reception authority or the decision-making authority may request the employer to submit corrected version if there is any discrepancy between the Chinese translation and the original.

13. Upon approval online, the employer shall print out the Confirmation Letter for Foreign High-end Talents after its being issued automatically by the system.

14. Policy Release

For policies, guides, and some sample forms and commitments for Foreigners Work Permit, please refer to the website of Shanghai Municipal Administration of Foreign Experts Affairs at  and the website of Shanghai R&D Public Service Platform at http://www.sgst.cn

Examination and Approval Period

Reception period: One working day (until the complete and qualified documents are submitted)

Review period: Five working days (from the day when the documents are accepted online)

In case of special circumstances requiring an extension of time limit, the reception authority or the decision-making authority shall handle the matter as appropriate.

Reception way and authority

Reception way

Only online reception

Please directly access to the Service System for Foreigners Working in China; or access to it via the government affairs service platform of the Ministry of Science and Technology at https://fuwu.most.gov.cn

Name and Place of Reception authority

Shanghai R&D Public Service Platform (Shanghai Scientific and Technological Talents Development Center/Shanghai Service Center for Foreigners Working in China) shall be responsible for reception and examination.

Reception Site: 1F 77 Meiyuan Road Jing’an District

Name of Issuing Authority

Shanghai Municipal Administration of Foreign Experts Affairs shall be responsible for decision-making.

Window Reception Time: