Q & A Regarding Foreigner’s Work Permit in China

Q: What is the legal regulations regarding Foreigner’s Work Permit in China?

A: 1. Notice on Issuing the Service Guide to the Foreigner’s Work Permit in China (Trial) (No. 36 [2017] SAFEA)

2. Notice on Comprehensively Implementing the System of the Foreigner’s Work Permit in China (No. 40 [2017] SAFEA)

Q: What is the System of the Foreigner’s Work Permit in China?

A: The System of the Foreigner’s Work Permit in China is a system by which the Chinese government implements uniform access standards, approval and supervision for foreigners applying to work in China. Under the system, the original foreign experts’ work permit and foreigners’ work permit instruments have been replaced by aNotification Letter of Foreigner's Work Permit, which is available online for employers and applicants to download and print out; The original Foreign Expert Certificate and Alien Employment Permit have been replaced by a Foreigner’s Work Permit, which is a legal certificate for foreigners working in China. Every foreigner is assigned one number for life.

Q: How do foreigners work legally in China?

A: Article 41 under Exit and Entry Administration Law of the People’s Republic of China provides:

“Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with 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 foreigner’s work permit in China?

A: The legitimately incorporated companies/institutions in China and their foreign employees will be reviewed on the application for foreigners’ work permit in China.

1) Basic Requirements for Employers

a) The employers shall be incorporated legitimately, without serious illegal and dishonest acts;

b) 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;

c) The salary or remuneration for those foreigners shall not be lower than the local minimum wage.

d) For pre-approval by the industry competent authority by law, it shall be approved.

2) Basic Requirements for Applicants

a) Eligible 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 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 High-end Talents (Category A), Professionals (Category B), Others (Category C).

Q. What is the basic procedure for applying for a Foreigner’s Work Permit?

A: 1) For foreigners outside China

Application for Notification Letter of Foreigner’s Work Permit –––Work Visa (Chinese Embassy and Consulate Abroad) ––– Entry with a Z Visa    Application for Foreigner’s Work Permit  –––Work Residence Permit (Entry and Exit)

2) For foreigners in China

  Foreigners who have entered China and on certain conditions may apply directly for the Foreigner’s Work Permit.

  Application for Foreigner’s Work Permit –––Work-type Residence Permit (Entry and Exit)

  or

  Application for Notification Letter of Foreigner’s Work Permit Work-type---Residence Permit (Entry and Exit)  –––Application for Foreigner’s  Work Permit

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 Foreigner’s Work Permit.