China’s immigration‑services market entered a new regulatory phase on 15 September 2026. State Council Order No. 841 reinstated a national filing system for all businesses that provide paid exit‑ and entry‑intermediary services, ending the eight‑year period of deregulation that followed the 2018 abolition of the licensing regime.
Background
- The filing measures were issued jointly by the National Immigration Administration (NIA) and the State Administration for Market Regulation (SAMR) the day before the rules took effect.
- Local immigration authorities now receive and process the filings; a transition period was granted for existing firms.
Scope and Definition
“Exit‑ and entry‑intermediary services” are paid activities in which an organization receives client instructions and assists with tourism, business, study, employment, settlement or similar cross‑border matters. Covered services include:
- Policy consultation
- Document preparation
- Handling of exit and entry procedures
Non‑profit policy advice and general information inquiries are excluded.
Registration Deadlines
| Entity | Deadline to File |
|---|---|
| Existing agencies (providing covered services before 15 Sep 2026) | 90 days from the effective date |
| Newly established intermediary businesses | 15 days after establishment |
| Existing companies that start offering covered services later | 15 days after the start of those activities |
Filings must also be submitted for the legal representative, persons in charge, management personnel and any employees who directly provide intermediary services. Branches must file locally.
Operating Requirements
- Legal status – the entity must be legally established; its legal representative must have no criminal punishment for intentional offenses.
- Personnel – employees providing services must have no criminal record related to national security, public security or border administration and must possess knowledge of relevant laws and policies.
- Funding & premises – sufficient capital and premises appropriate to the services are required, but the rules do not set a fixed minimum capital amount or mandatory security deposit.
- Management systems – firms must maintain documented systems for employee management, professional training, document retention, data security and overall compliance.
Overseas Partnerships
Intermediaries that offer outbound services must attach to their filing:
- A cooperation agreement or valid letter of intent with the overseas service organization, and
- An explanation of the cooperation relationship.
This gives regulators visibility into both the Chinese intermediary and its foreign partners.
Restrictions on Foreign Entities
- Overseas enterprises and institutions may not provide exit‑ and entry‑intermediary services directly inside China.
- Foreign‑invested enterprises that are legally established within China (including those funded by Hong Kong, Macao or Taiwan investors) may operate under the filing regime.
The distinction matters for international firms that market immigration services to mainland Chinese clients, especially via online channels.
Advertising, Documentation and Client‑Handling Controls
- False or misleading advertising is prohibited.
- Firms may not provide or assist in the production of false visa, residence or passport documents, nor unlawfully disclose or sell personal data.
- Service records, contracts, client files and financial documents must be retained for regulatory inspection; changes to filing information must be reported within 15 days.
- Authorities may supervise through inspections, complaints and inter‑agency information sharing.
Special Provisions for Public Officials and Military Personnel
Intermediaries must refuse and report any request from Chinese public officials or military personnel to obtain foreign nationality, overseas permanent residence, or related exit‑entry documents.
Broader Exit‑Entry Measures
The same Order also tightens rules for Chinese citizens and foreign nationals:
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Chinese citizens may be barred from leaving the country for 6 months to 3 years if they:
- Commit administrative detention for fraudulently obtaining exit/entry documents or illegal border crossing;
- Engage in unlawful conduct overseas that harms China’s national security or interests;
- Violate export‑control or technology import‑export regulations (no fixed time limit).
Written notice of the restriction can be withheld when disclosure would affect national security or a criminal investigation.
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Foreign nationals providing false information in visa applications or at the border face a 1‑5 year entry ban; similar bans apply for criminal or administrative penalties related to border management.
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Travel facilitation continues: in H1 2026, China recorded 17.8 million visa‑free entries (up 30.6 % YoY, 77.7 % of all entries). The 240‑hour visa‑free transit program covered nationals of 57 countries across 65 ports in 24 provinces as of 20 August 2026.
Penalties for Non‑Compliance
- Initial non‑compliance may result in a corrective order.
- Continued violations can lead to fines, suspension of business operations, or impact on the company’s registration.
- Financial penalties:
- If illegal income ≥ RMB 20,000, confiscation plus a fine of 1–5 times the illegal income.
- If illegal income < RMB 20,000, fines range from RMB 20,000 to RMB 50,000.
- Responsible managers and directly responsible individuals may face separate sanctions.
Implementation Platform
The NIA plans to launch a nationwide filing‑information disclosure platform that will list registered intermediary organizations and personnel. The filing system itself is already operational; the public register is still under development.
Implications for the Immigration Industry
- Domestic agencies must transition from a loosely regulated environment to a formal filing regime with defined personnel, premises and compliance obligations.
- Overseas firms can no longer operate directly in China; they must work through locally established, duly filed Chinese partners and document those relationships.
- The overall market impact—such as a reduction in the number of operating firms or a shift of advisory activity offshore—remains uncertain, but the regulatory landscape has definitively changed.
The September 2026 reforms mark a shift from deregulation to structured oversight, combining tighter supervision of service providers with more formal rules governing cross‑border movement.
Source article: outboundinvestment.com
