The China Visa & Immigration
Newsletter keeps you up to date on recent developments in China inbound and outbound Visa & Immigration news
China Visa & Immigration Law
China Interns: Watch Out!
Spring is in the air and internship season is just around the corner, but what does China visa law have to say about internships for foreigners?
As it turns out, not much.
As Some of you may be aware internships for foreigners without a valid student visa are a legal gray area and carry risks both for the company and for the intern.
Under current regulations, it is not clear that internships would be covered by either F visas or M visas. China Visa regulations had previously included internships of less than 6 months as falling within the coverage of an F Visa. However recent updates to China visa laws have removed this reference. The safest interpretation is that by removing the explicit reference to internships, the authorities intended to exclude internships from coverage under an F Visa.
There are indications that internships were intentionally excluded from the revised law, due to abuse of the system. In some arrangements, an “internship” would be a form of disguised employment avoiding the work permit process. It is reported that the Ministry of Foreign Affairs has issued internal guidelines that F and M visas are not to be used for internships. However, this has not been officially articulated, and is not present in the law itself.
F visas, for noncommercial “exchanges, visits, inspections, etc.” may be suited for unpaid internships on the premise that this is a noncommercial exchange or visit, however, as stated, this is not clear in the law or regulations. Companies and potential interns should be aware of the current legal ambiguity and the risks it entails. Some may attempt to use a tourist visa to enter the country, and then participate in an internship. This is not recommended. It is highly unlikely that authorities would find a tourist visa appropriate for an unpaid internship, and certainly not for a paid internship.
The good news is that internship regulations for those foreign students currently studying at a Chinese school under a valid visa are more clear. Students with a X student visa and residence certificate for study may obtain approval for an internship from their school, and then apply to the Entry-Exit Administration for formal registration of the internship, which may then proceed legally. It would of course be illegal for a student to work as an intern without approval or to perform work outside of what has been approved. This legalized internship path is not available to those with short term student X2 visas.
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