1. What is Foreigner's Work Permit in China?
The Foreigner's Work Permit in China is provided to integrate the former Foreign Expert Work Permit in China and the former Work License for Foreigners into the Notice for the Work Permit for Foreigners, which is developed in an electronic form. Employers and foreign applicants can print it directly online. The former Foreign Expert Certificate and Permit for Foreign Employees are integrated into the Foreigner's Work Permit. The Foreigner's Work Permit represents the legal document for foreigners to work in China. Each foreigner will be allocated with one unique number which remains unchanged forever.
2. What is the legal basis for the Foreigner's Work Permit in China?
Notice of the State Administration of Foreign Experts Affairs on Issuing the Trial Implementation Plan of the Work Permit System for Foreigners in China (WZF [2016] No. 151), Notice on Issuing the Service Guide to the Foreigner's Work Permit in China (for Trial Implementation) (WZF [2017] No. 36) and Notice on Comprehensively Implementing the Work Permit System for Foreigners in China (WZF [2017] No. 40).
3. When applying for work permits, what qualifications should employers possess?
(1) The employer shall be incorporated according to laws and have no record of serious violation of laws and dishonesty.
(2) The jobs for foreigners should be those temporarily in shortage of appropriate domestic candidates and not in violations of relevant national regulations.
(3) The wages and salaries paid for foreigners shall not be lower than the minimum local wage standard.
(4) Where laws and regulations require pre-registration approval of industrial authorities, the approval shall be obtained.
4. What qualifications should applicants possess?
(1) The applicants shall be aged 18 and above, have no criminal records, have confirmed employer, possess the expertise required for work or corresponding know-how.
(2) Engaged in works in line with economic and social development needs of our province, the applicants should be professionals urgently needed in our country.
(3) Other provisions on the foreigners' work in China according to laws and regulations shall be followed.
5. How to apply for work permits (to work in China for more than 90 days)? How about the processes?
(1) Employees or entrusted specialized agencies register accounts in the "management service system for foreigners to work in China", submit permit application online and print the Notice for Work Permits of Foreigners after approval.
(2) By the Notice for Work Permits of Foreigners and other materials required, foreigners apply for Z-visa, F-visa, and R-visa at overseas embassies and consulates of the People's Republic of China.
(3) Within 15 days after the entry of foreigners by effective visa, employers need to apply for Work Permit for Foreigners online and collect certificates at the administration department for foreigner's work of the place where the employer is located.
(4) Within 30 days after the entry of foreigners by effective visa, employees need to apply to the public security bureau's entry-exit administrative body for work-type residence certificates.
6. Which materials are required for applying for the Notice for the Work Permit for Foreigners overseas?
Application Form for the Foreigner's Work Permit in China; relevant work qualification certificates; the highest degree certificate (diploma) or relevant approval documents, occupational qualification certificates and certification materials; crime-free record certificates and certification materials; physical examination certificate; employment contract or office-taking certificate (dispatch letter); passport or international travel certificate of the applicant; front bareheaded picture of the applicant taken within 6 months; relevant evidentiary materials of accompanying family members; other materials (the accepting authority or the approval body may require the employer to provide other supplementary materials meeting the basic conditions for the applicant).
7. What are the standards for classification of foreigners working in China?
According to the Notice on Comprehensively Implementing the Work Permit System for Foreigners in China [WZF [2017] No. 40], the foreigners working in China are divided into three categories, Category A, Category B and Category C. For the Foreign High-end Talents (Category A), there is not quantity limit; for the Foreign Professional Talents (Category B), the quantity limit is set according to the market demand; for the Other Foreigners (Category C), the quantity limit is set subject to relevant national regulations.
(1) Foreign High-end Talents (Category A) refer to the scientists, scientific & technological leading talents, international entrepreneurs and special talents who “have an advanced diploma, master the precision manufacturing technology and the sophisticated science knowledge and technology and are urgently-needed”, meet the market demand orientation and economic and social development requirements of China, and meet one of the following conditions, mainly including:
① are listed in the domestic talent introduction plan;
② meet the internationally recognized professional achievement affirmation standards;
③ foreign talents meeting the market-oriented encouragement post demands;
④ innovation and start-up talents;
⑤ excellent youth talents;
⑥ the points are more than 85.
The Foreign High-end Talents are not restricted in terms of age and work experience.
(2) Foreign Professional Talents (Category B) refer to the foreign professional talents who meet the instruction directory of foreigners working in China and post demands, and are urgently needed by the economic and social cause development of China, and meet one of the following conditions, mainly including:
① foreign professional talents who have bachelor's degree or above and relevant working experience for 2 years or more and are under the age of 60 years old;
② skilled talents who have the international universal occupational skill qualification certificate or urgently-needed skilled talents; ③ foreign language teacher;
④ foreign talents whose average wage income is not less than 4 times of social average wage income of last year in the region;
⑤ special personnel and project implementation personnel meeting relevant departmental regulations of the State;
⑥ professional personnel whose points are more than 60.
(3) Other Foreigners (Category C) refer to other foreigners who meet the domestic labor force market demand and policy regulations of the country, mainly including:
① foreigners meeting the current management regulations for foreigners working in China;
② foreigners who are engaged in the temporary and short-term (not more than 90 days) work;
③ personnel subject to the quota system management, including the foreign youth who does practice in China according to the inter-governmental agreement, foreign student and foreign graduate of overseas colleges and universities meeting the specified conditions, and foreigners working in the long range fishing and other special fields.
8. What are the circumstances for the applicant to apply in China for the Foreigner's Work Permit in China (to work in China for more than 90 days)? How about the processes?
Those who meet one of the following conditions can apply directly in China for the Work Permit, with the submission of all relevant materials mentioned above:
(1) A-Class Foreign Talents who have already entered China with a visa or a valid residence permit;
(2) Foreigners working in China with a valid work residence permit who have changed their employer but still work in the same occupation;
(3) Foreign spouses or children of Chinese citizens and spouses or children of foreigners who have permanent residence or work in China with a valid visa or residence permit;
(4) In line with the related preferential policies of a free trade zone or comprehensive innovation reform pilot area;
(5) The employer conforms to the relevant preferential policies of multinational companies in China;
(6) Internal staff transfers within an enterprise group;
(7) For the implementation of intergovernmental agreements;
(8) Representatives of foreign enterprises in China who have a working visa and have been in China; foreigners who have a valid work permit for foreigners working in China for less than 90 days and are employed by a company in China during their stay;
(9) Those who are identified by other departments and meet all the conditions.
If the application for the Foreigner's Work Permit in China (to work in China for more than 90 days) is filed in China and is approved, the Foreigner's Work Permit will be directly issued. Before the valid visa or residence permit expires, the work-type residence permit shall be processed at the exit-entry administrative body of the local public security organ in the jurisdiction where the employer is located.
9. Is there any facilitating measure when the Foreign High-end Talents (Category A) apply for the Foreigner's Work Permit in China?
(1) The accepting authority shall directly accept the application which has passed the online pre-review, and shall issue the electronic Confirmation Letter for Acceptance. The applicant is not required to submit hardcopy materials for review before enter.
(2) A Foreign High-end Talent who has been listed in a domestic talent plan can apply for the permit in the whole process, and no hardcopy material is required to be submitted for review.
(3) For the Foreign High-end Talents (Category A) defined in the Classification Standard for Foreigners Working in China,(I) who are listed in a domestic talent plan; (II) who meet the internationally recognized professional achievement affirmation standards, the commitment system shall apply to the certification of work qualification.
(4) For the Foreign High-end Talents (Category A) defined in the Classification Standard for Foreigners Working in China,(I) who are listed in a domestic talent plan; (II) who meet the internationally recognized professional achievement affirmation standards; (III) who are foreign talents meeting the market-oriented encouragement post demands; (IV) who are innovation and start-up talents, the commitment system shall apply to the certification of the highest degree certificate (diploma).
(5) The commitment system shall apply to the certification of crime-free record.
(6) For any foreigner who enters China by presenting other visa or valid residence certificate, the foreigner may apply for the work permit in China.
(7) Where a Foreign High-end Talent applies for the Notice for the Work Permit for Foreigners, or the application for the Foreigner's Work Permit is filed by presenting then Notice for the Work Permit for Foreigners, or the Foreigner's Work Permit is applied for directly, or the application for the extension or cancellation of the Foreigner's Work Permit, the approval body shall, within 5 working days, carry out the review and make the decision.
(8) The Foreigner's Work Permit may be granted for a period of up to 5 years.
10. What are the requirements for employers to employ foreign language teachers?
When an employer registers for employing foreigner teachers, the public institution employer shall submit the certificate issued for the public institution, and the private non-enterprise school shall submit the "private non-enterprise" certificate and the valid “school operation permit”. The training institution shall meet two conditions to employ foreign teachers:
① the subject which the foreign teacher is employed to teach shall be one of those listed in the business license;
② the “special account for tuition and miscellaneous fees” shall be provided.
11. What are the conditions required for foreign language teachers?
The foreign language teachers shall teach their native languages, obtain the bachelor or above degree in the subject of their native languages, and have more than 2 years of language teaching experience. If a foreign teacher has obtained the bachelor or above degree in the subject of education, language or normal school, or the teacher qualification certificate issued by the country of the foreign teacher, or the required international language teaching certificate (for example, TEFL, TESOL and CELTA shall be certified by embassies and consulates or notarized by notary office), the work experience condition may be waived.
12. Are the employers allowed to appoint service agents to apply for the work permit?
Employers can appoint the service agents which have been registered in the "Service System for Foreigners Working in China" to process the work permit for them.
Those service agents authorized with the procedure of application, extension, changing, cancellation, or re-submission in respect of the work permit shall submit the Letter of Authorization issued by the employer, in which the authorized entity, the authorized person and his ID number and telephone number, and the authorized matters shall be clearly specified. That is, the service agent, the authorized person and the corresponding authorized matters shall be clearly specified.
Sources: the official website of the People's Government of Shanghai Municipality; the official website of the People's Government of Shenzhen City; Ministry of Science and Technology of the People's Republic of China
