[Q&A] On Foreigners' Work Permit Procedures
2024. 2. 2
[Q&A] On Foreigners' Work Permit Procedures
According to the top ten frequently asked questions regarding foreign nationals' work permits in China, based on the statistics from Shanghai's 114 platform for Science and Technology in 2023, we have compiled detailed information for reference by employers and foreign nationals working in Shanghai.
1. Question: Are there any regulations regarding a retirement age of 60 for foreign nationals working in China? If a company plans to hire a foreign national over the age of 60, do they need to/can they apply for a work permit? What type of contract should be signed?
Answer: Foreign nationals who hold valid work permits and residence permits for employment can legally work in China. Applicants who meet the criteria for high-end talent can apply for an A-type work permit without any age restrictions. For those with a genuine need, including innovative and entrepreneurial talent, professional skills, and foreign professionals who meet the points-based system or are covered by government agreements, certain restrictions on age, education, or work experience can be lifted.
2. Question: If a foreign national holds a Foreigner Permanent Residence ID Card in China and works for an employer, does the employer still need to apply for a work permit for them?
Answer: Foreign nationals who have obtained the "Foreigner Permanent Residence ID Card" do not need to apply for a work permit. However, to enjoy more life convenience in Shanghai (e.g., salary payments and foreign exchange transactions), the company can still apply for a work permit for the foreign national.
3. Question: Can a company send foreign employees to work in other cities or to assume additional positions in affiliated companies within the same city?
Answer: According to the "Law of the People's Republic of China on Administration of Embarkation and Disembarkation" foreign employees should work within the scope defined by their work permits and are not allowed to work across provinces or cities or have part-time jobs. Short-term business trips are not included in these restrictions.
4. Question: If the contact person of a company leaves the company without completing the necessary handover procedures, how should the company proceed to handle work permit matters for foreign nationals?
Answer: The company can use its corporate account to retrieve the corporate account password through the foreign national work management system. After logging into the system, the first step is to update the company information (change of contact person). After offline verification, the new contact person can handle work permit matters for foreign nationals on behalf of the company.
5. Question: If a company terminates the employment relationship with a foreign national, and the foreign national refuses to sign the termination agreement, can the company cancel their work permit?
Answer: The work permit cannot be canceled unilaterally. Within ten working days from the date of termination, the company needs to apply for the cancellation of the work permit. The required documents for cancellation include a signed and stamped application form, a termination certificate, and other relevant materials. The company should submit the application through their corporate account in the foreign national work management system.
6. Question: Can a company hire foreign students for internships during the summer break?
Answer: According to relevant national regulations, currently, companies can apply for C-type work permits for eligible interns from Germany, France, and Singapore.
7. Question: If a foreign national wants to make retroactive social security contributions, but the current work permit does not reflect their previous certification records, can the Exit-Entry Administration provide corresponding records to the social security department?
Answer: Foreign nationals can submit relevant materials to the exit-entry administration window in their administrative district to apply for proof of work experience. For work experience in Shanghai before 2017, applications can be made to the Municipal Research and Development Public Service Platform Management Center.
8. Question: After completing the "Foreigner Work Permit Notice", the appointment time for visa application at the foreign consulate is scheduled several months in advance. Can we go to our embassy or consulate in other countries or regions to apply for a work visa or modify the work permit notice?
Answer: Once the "Foreigner Work Permit Notice" is issued, it cannot be modified. For applying for a work visa, the corresponding embassy or consulate in other countries or regions should be selected when applying for the notice. Other embassies or consulates cannot process work visas. It is recommended that the employer and the foreign national carefully select the location for work visa applications when applying for the work permit notice.
9. Question: After completing the "Foreigner Work Permit Notice," the work visa application process takes too long, and the foreign national has already entered with a tourist or family visit visa. Can they directly apply for a work permit?
Answer: If a foreign national intends to work in China upon entering, they must apply for the "Foreigner Work Permit Notice" overseas and apply for a work visa based on the notice. The following situations allow for foreign nationals to directly apply for a work permit within China, by submitting all application materials for the "Foreigner Work Permit Notice" and obtaining the "Foreigner Work Permit":
(1) Foreign high-end talents (Category A) who have entered China with other visas or valid residence permits;
(2) Foreign nationals working in China who change employers but remain in the same position and whose work residence permit is still valid;
(3) Foreign spouses or children of Chinese citizens or foreign nationals with permanent residence or work permits in China, who hold valid visas or residence permits;
(4) Those who qualify for relevant preferential policies in free trade zones or comprehensive innovation and reform pilot zones;
(5) Employers who qualify for preferential policies related to the regional headquarters of multinational corporations in China;
(6) Internal mobility within enterprise groups;
(7) Those executing intergovernmental agreements or accords;
(8) Representatives of institutions or organizations who have entered China with work visas in accordance with the law;
(9) Those who have obtained a work permit to work in China for less than 90 days and are legally employed by an employer within their stay validity period;
(10) Those recognized by other approval authorities as meeting the conditions.
10. Question: If a foreign national holds a Category B work permit and has been working for many years at the same company, can they be granted a longer extension period when renewing the work permit?
Answer: Foreign professionals (Category B) can be granted a work permit with a validity period of 2 years when applying for an extension for the second time, including one initial application and one extension, as long as they do not change employers. The validity period can be based on the contract term.
