The issue over obtaining China visas is a perennial question, and China itself is not always consistent in regard to the application guidelines for foreigners wishing to travel to the country on business. In particular, for businessmen, there is often confusion over which of the two pertinent visa types should be applied for.

Here we’ll look at the most common visa types and their usage. In particular, we will go into detail about work visas and the related process of obtaining a residency permit.

Tourist Visa

These should only be used for the stated purpose – tourism. Usually an itinerary will need to be provided, occasionally proof of hotel bookings and even guided tour operators in China.

It is unwise for business people visiting China to be on tourist visas – if engaging in business activities you breach the terms of the visa issuance. Sharp-eyed officials can deport you for breach of terms of stay.

Business Visa

An invitation from a registered company or business in China is required (occasionally our firm provides this to clients) together with an itinerary. It permits businessmen to hold meetings, travel to factories and so on. It does not allow work – i.e. paid work – while in China. These are usually restricted to double entries of 30 days each stay at the present time.

Work Visa

Work visas are required, fairly obviously, if one intends to work in China. However, the exact details of work visa requirements vary to some extent upon nationality, which is where some confusion arises. Nationals of countries with a double tax treaty agreement with China can stay for a period of 183 days before their stay is considered "residency" and the need to apply for an work permit arises. For nationals of countries without such agreements, this free period is reduced to 90 days. However, please note that if you commence paid work in China you must obtain a work visa from the beginning of your employment and not use double tax guidelines. The loophole as regards upgrading business visas to work visas should only be used in legitimate cases where an individual has not previously worked in China.

Work visas automatically trigger residency requirements (i.e. a resident permit, described below), as well as registration with the tax bureau. If you are working in an office or factory in China you must apply for this status. If you do not have a residency permit and you are caught you may face deportation, the most serious offense justifying this being the evasion of personal income tax.

It should be noted that spousal visas and student visas do not make the holder eligible for employment in China. Additionally, if a work visa holder changes company, the visa must also be reapplied for in the name of the new employer. China’s provinces also from time to time release guidelines applied on top of these basic key points. These include satisfying professional qualifications and experience and not possessing a criminal record. Visa issuance during certain occasions or periods of unrest in China can also be curtailed.

The correct issuance of work visas is a bureaucratic, yet variable matter nationally. However, in order to first assess whether your country has a double tax treaty with China or not, please see our firms (complimentary) guide to this subject Following the determination of the length of stay thus permitted, regional variations over visa issuance need to be taken into consideration.