Canceling Work Permits for Foreign Applicants in Beijing, China

[dropcap]T[/dropcap]he employer of foreigners working in China needs to apply for the cancellation of foreigners’ work permits, following guidelines.

3-Step Registration

1. Required Materials

1. One original (electronic/paper) copy of the Cancellation Application Form of the Foreigners Work Permit.

After logging in to http://fuwu.most.gov.cn/ and filling out the online form, the applicant (the employer) must print it out, sign it, stamp the employer’s official seal or the official seal of the department authorized by the employer on it, and upload it to the website. http://fuwu.most.gov.cn/

2. One original (electronic/paper) copy of the certification of the terminated employment relationship, terminated contract, or other certifying materials demonstrating the reasons for cancellation.

The termination certificate had to have been signed by both parties before submission. In case that the applicant left their position on their own and their employer was unable to contact them, the employer is then required to submit a letter of cancellation which must explain the details and circumstances.

3. One original (electronic/card) copy of Foreigner’s Work Permit, along with the valid Foreign Expert Certificate and Alien Employment Certificate (if applicable).

2. Upload Materials

All original documents and Mandarin translations must be uploaded (in color) to the service system for foreigners working in China http://fuwu.most.gov.cn/.

[box type=”info” align=”” class=”” width=””]Please note: All non-Mandarin certification materials submitted must be accompanied by Mandarin translations and stamped with the official seal of the employer (except the passport or international travel documents). The authorizing or decision-making institution may request the employer to submit a corrected version if there is a discrepancy between the Mandarin translation and the original.[/box]

3. Bring All the Original (not photocopies) Documents to the Corresponding Offices

After a successful online verification, the employer is required to make an appointment on the system and then bring his appointment voucher and all original application materials (as explained in points 1 and 2 above) to the office for handling. The one exception to this rule is that the High-Level Foreign Talents (Class A) do not need to make an appointment.

Application Timeline and Fees

Online verification period: Three working days (One working day for High-Level Class A Foreign Talents)

Handling period: Three working days

No Charge.

Notes:

1. The Foreigner’s Work Permit will automatically be canceled if not extended by the end of the current validity period. If the permit is canceled, withdrawn, or revoked under the law, the decision-making institution must cancel it. If the applicant dies, loses civil capacity, terminates their contract early, or terminates the employment relationship, the employer shall apply for the cancellation to the decision-making institution within ten working days of the event. If the employer is otherwise unable to perform this duty, the applicant may apply to the decision-making institution to cancel the work permit.

2. If the foreigner leaves their position without permission and is out of reach for more than 15 days, the employer has the right to publicize notice of the foreigner’s unauthorized leave in a newspaper above the municipal level for ten days. If there was no contact by the end of this period, and there is no objection by the foreigner, the employer may apply for the work permit cancellation on the service system for foreigners working in China.

He will upload the Cancellation Application Form (stamped with an official seal), the Employment Termination Certificate (stamped with an official seal), the original copy of the newspaper, a letter of description (including basic information for the foreign personnel, information regarding the unauthorized departure, stating that the content is true and the employer will bear all responsibilities for any subsequent problems, and affixing the official seal and the signature of the legal representative) and other materials to cancel the work permit.

[box type=”info” align=”” class=”” width=””]Note: the company’s name, passport, work permit number, and other basic information must be indicated in the newspaper announcement.[/box]

3. If the employer is terminated under the law, the Cancellation Application Form of the Foreigner’s Work Permit doesn’t need to be stampeded with the employer’s official seal, and the applicant must then provide relevant materials (such as the employer’s cancellation certificate issued by the relevant market regulator) demonstrating that the employer is terminated under the law and thus cannot apply for the cancellation of the work permit, a letter describing work permit cancellation and Foreigner’s Work Permit.

4. If the Foreigner’s Work Permit has been canceled, the decision-making institution shall issue a certificate of cancellation upon application. If the system automatically cancels the expired work permit, the decision-making agency will not issue the certificate of cancellation.