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Application for Residence Permit for Work

1. Preconditions for foreigners to work in China legally

According to the Rules for the Administration of Employment of Foreigners in China, foreigners’ employment with Chinese employers is conditional on obtaining of the valid foreigners’ work permit.

Moreover, according to the Exit & Entry Administration Law of PRC, foreign employees shall obtain the work-type residence permit issued by the exit & entry authorities allowing them to legally work and stay in China.

Chinese employers must apply for the foreigner’s work permit and work-type residence permit in a timely manner before they formally arrange for the foreign employees to work in China. Otherwise, the Chinese employers will be imposed on administrative penalties in an amount of RMB 10,000 per person but not more than RMB 100,000 in total and confiscation of illegal income ( if any ) if they hire foreigners without obtaining the foreigner’s work permit (and the work-type residence permit). Foreigners will be imposed on administrative penalties of RMB 5,000 to RMB 20,000 and if the circumstances are severe, they will be detained for a period of 5 to 15 days plus payment of penalties of RMB 5,000 to RMB 20,000, if they are considered constituting illegally working in China.

2. Basic requirements for foreigners to obtain the foreigner’s work permit

The foreigners shall satisfy the following requirements for the Chinese foreign experts affairs authorities (hereinafter referred to as “Foreign Experts Bureau” or “Authorities”) to issue the foreigner’s work permit:

(a) Reaching age of 18 or above, being healthy, having no criminal record, having a definite legal employer in China and having the necessary professional skills or knowledge;

(b) The foreigner falls within the scope of professionals urgently required in China and the work to be performed facilitates China’s economic and social development;

(c) Other specific requirements set out by the laws and regulations.

3. General steps for application of the foreigner’s work permit

The Chinese employers hiring foreign employees shall initiate the foreigner’s work permit application process via the official website of the Foreign Experts Bureau (http://fwp.safea.gov.cn/). They shall submit the application materials online and after the pre-approval is granted, they shall then submit the original application materials on-site at the Authorities.

The general steps of applying for a new foreigner’s work permit will be as follows:

(a) The company opens an online company account with the Foreign Experts Bureau, which requires online submission of account-opening application materials and the subsequent on-site submission of original account-opening application materials;

(b) The company applies for the Notification Letter of Foreigner’s Work Permit, which is to be issued in an electronic form;

(c) The foreigner applies for Z visa at a Chinese embassy / consulate in his/her home country;

(d) The foreigner goes through health check at a medical institution recognized by Chinese inspection and quarantine authorities (we noted that Authorities from different locations of China indicate those medical institutions recognized by Chinese embassies or consulates at the foreigner’s home country would be acceptable. This is recommended to be communicated with local competent Authorities where necessary); alternatively the health check can be done in China after the foreigner enters China;

(e) The company submits the original application materials on-site at the Authorities to apply for the foreigner’s work permit after the foreigner enters China.

Foreigners are classified into three categories, i.e., Class A (foreign high-end talents), Class B (foreign professionals) and Class C (other ordinary staff), and subject to review by the Authorities in this regard. For foreigners falling within Class A, the Authorities provide more favorable conditions to facilitate the application process.

As of April 2017, foreigners falling within the category of Class A will not be subject to limitations of age, educational background, working experience, etc, while generally Class B foreigners will be limited to 60 years old. Therefore, Class A foreigners are possible to obtain the foreigner’s work permit after 60 years old. However, we have seen certain Authorities issue the foreigner’s work permit on an annual basis for Class A foreigners exceeding 60 years old, regardless of that the valid term of the employment contract is longer than one year.