Faq On Foreigners Working In China
Q: What is the legal basis for the Foreigners Work Permit in China?
A: Notice on Issuing the Service Guide to the Foreigners Work Permit in China (Trial) (No. 36 [2017] SAFEA) and Notice on Comprehensively Implementing the System of the Foreigners Work Permit in China (No. 40 [2017] SAFEA)
Q: What is the System of the Foreigners Work Permit in China?
A: The System of the Foreigners Work Permit in China is a system of uniform access standards, approval, and supervision for foreigners applying to work in China.
Under the system, the original foreign expert’s work permit and foreigners’ work permit instruments have been replaced by a Notification Letter of Foreigner’s Work Permit, available online for employers and applicants to download and print out.
The original Foreign Expert Certificate and Foreign Employment Permit have been replaced by a Foreigners Work Permit, a legal certificate for foreigners working in China. Every foreigner is assigned one number for life.
Q: How do foreigners work legally in Shanghai?
A: Article 41 under Exit and Entry Administration Law of the People’s Republic of China: Foreigners who work in China shall obtain work permits and work-type residence permits following relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.
Q: Who will be reviewed and what are the criteria in the application for a foreigner’s work permit in China?
A: The employers in China and their foreign employees will be reviewed on the application for foreigners’ work permits in China.
Basic Requirements for Employers: Employers shall be established by law, without serious illegal and dishonest acts; the employment of foreigners shall be for special needs and the appropriate candidates are in short supply in China, while the post doesn’t violate any government regulations; the salary or remuneration for those foreigners shall not be lower than the local minimum wage.
Basic Requirements for Applicants:
a) Capable applicants with qualified professional skills or knowledge shall have a clearly-defined employer in China and shall be at least 18 years old in good health and without a criminal record.
b) Those applicants shall engage in urgently needed jobs in China and can make contributions to China’s economic and social development.
c) The laws and regulations which have special provisions, if any, for the employment of foreigners in China shall prevail.
Q: What are the classification standards for foreigners working in China?
A: According to the Notice on Comprehensively Implementing the System of the Foreigner’s Work Permit in China (No. 40 [2017] SAFEA), foreigners working in China are divided into Foreign High-end Talents (Category A), Foreign Professionals (Category B), Other Foreigners (Category C).
Q: What is the basic procedure for applying for a Foreigners Work Permit?
A:
(1) Foreigners outside China
Application for Notification Letter of Foreigners Work Permit —Work Visa (Chinese Embassy and Consulate Abroad)—Entry with a Z Visa—Application for Foreigners Work Permit—Work Residence Permit (Entry and Exit)
(2) Foreigners in China
Foreigners who have entered China and on certain conditions may apply directly for the Foreigners Work Permit.
Application for Foreigners Work Permit — Work-type Residence Permit (Entry and Exit) or Application for Notification Letter of Foreigners Work Permit — Work-type Residence Permit (Entry and Exit) — Application for Foreigners Work Permit
[box type=”note” align=”aligncenter” class=”” width=””]Note: Those who do not meet the conditions mentioned above and have already entered China shall follow the procedure on the newly issued Notification Letter of Foreigners Work Permit.[/box]
Q: What are the convenience measures for Foreign High-end Talents (Category A) applying for a Foreigners Work Permit?
A:
(1) No limits of age, academic qualification, or work experience
(2) Pledge system for a certificate of no criminal record
(3) Those who have entered China with a visa or a valid residence-type permit may directly apply for the Foreigners Work Permit.
(4) A Foreigners Work Permit with a validity period of up to 5 years.
