Sep. 2026 - New China immigration rules effective 15 September 2026 – key impacts on visas, work permits and false declarations

Truthfulness requirement for all applications

• All applications for entry, exit and residence must be for genuine and legitimate purposes.
• Entities issuing invitation letters are responsible for the authenticity of supporting documents and shall cooperate with official verification.
• Submission of false materials or misrepresentation may result in refusal of travel documents, denial of entry or exit.
• Applicants are required to cooperate with authority inquiries and provide further information upon request.

Consequences for foreign nationals making false declarations

• False statements or materials in visa applications (overseas or at port of entry): entry ban for one to five years.
• Criminal conviction for obstructing border management: entry ban of one to five years from completion of sentence.
• Administrative penalty for fraudulently obtaining exit/entry documents or illegal exit/entry: entry ban of one to five years from completion of penalty.
• Foreign nationals on sanction-related lists may be refused visas or denied entry.

High-risk scenarios under the new regulations

- Visa and work permit applications via nominal Employer of Record (EOR)

• Where foreign employees are actually employed and managed by the employer, while visa and work permit applications are submitted through a third party EOR without genuine labour relations, this constitutes a false declaration.
• Verified violations trigger application rejections, administrative penalties for both employers and EOR agency, and a one-to-five-year entry ban for the involved foreign nationals.

- Business visa used for work in China

• Using a business visa for paid, long term formal employment without a valid work permit constitutes unauthorised employment and a visa purpose mismatch.
• Penalties include administrative sanctions, removal for non-criminal violations, a one-to-five-year entry ban for individuals, as well as fines and compliance record penalties for host enterprises.

- Entry in China without proper visa

• Entering China on a visa category inconsistent with actual stay and work purposes constitutes illegal entry and non-compliant residence.
• Violators face administrative sanctions, mandatory departure, and a one-to-five-year entry ban.
• Enterprises that issue supporting documents for such mismatched visa applications shall also bear legal liability.

Action recommendation

• Ensure that all invitation letters, employment contracts and supporting documents provided to foreign employees are accurate and verifiable.
• Conduct internal reviews of pending visa/work permit applications to confirm all submitted materials are consistent with official records.
• Stay informed of updates to sanction or restricted entity lists that may affect foreign employees' eligibility for visa issuance or entry.

Should you have any questions on this matter, feel free to reach out to your usual point of contact at Forvis Mazars.

References

State Council, Order No. 841 of the State Council: Regulations of the State Council on Exit and Entry Administration (link here in Chinese)