CMS, China | New Work Permit Application System of Foreigners – What is New?
New Work Permit Application System of Foreigners - What is New?
{briefanrede} {name},
Please find enclosed our update on the latest developments on PRC labour law.
Kind regards,
CMS, China
A new work permit application system of foreigners started to be implemented national wide in China as of 1 April 2017 after it has been tested in ten different locations since last October (“New Application System”). This brings substantial changes to the statutory requirements and application procedures of obtaining work permits for foreigners. The major changes are described below:
| • |
A unified Foreigner’s Work Permit Card is applicable to all foreigners working in China
|
| |
In the past, a foreigner working in China as an employee obtained a Work Permit of Foreigner issued by the competent Human Resources and Social Security Bureau, while a foreigner coming to China as an expert such as a professor teaching in Chinese universities obtained a Foreign Expert Certificate issued by the competent Foreign Experts Affairs Bureau.
Under the New Application System, no matter whether a foreigner comes to China as an employee or an expert, as long as he/she stays in China for the purpose of work for more than 90 days, he/she should obtain a Foreigner’s Work Permit Card (“Work Permit”), which is uniformly issued by the competent Foreign Experts Affairs Bureau. The Foreign Experts Affairs Bureau is an authority under the lead of the Ministry of Human Resources and Social Security at the state level and the Human Resources and Social Security Bureaus at the provincial level. The Foreign Experts Affairs Bureau already set up a uniform on-line service system for foreigners working in China at http://fwp.safea.gov.cn/. All companies must submit applications on this website for obtaining the Work Permit for the foreigners working for them. |
| |
|
| • |
Statutory requirements on foreigners under different classifications for obtaining Work Permit are no longer same
|
| |
In the past, the statutory requirements on all foreigners’ obtaining work permits were basically the same. Under the New Application System, the statutory requirements are unified national wide, but differ subject to different types of foreigners. Foreigners are clarified into categories A, B or C depending on their education background, professional areas, personal achievements, working experience, salary level as well as the needs of the Chinese labor market. |
| |
|
| |
| - |
Category A - Top talents |
| |
|
| |
Scientists, technological leaders, international entrepreneurs or talents with extraordinary abilities, who are needed for the Chinese economic and social development and meet the standards as defined by the Chinese government, are deemed as top talents and belong to Category A. They can obtain a Work Permit more easily without limitation on age, educational background or working experience. As long as applicants fulfill the statutory requirements, they can obtain a Work Permit. The validity period of the Work Permit issued to these top talents can be up to five years. |
| |
|
| - |
Category B – Specialists |
| |
|
| |
Professional specialists, management staff and technicians in compliance with the Catalogue of Work Guidelines for Foreigners as needed by the Chinese labor market and for the Chinese economic and social development are clarified into Category B. Most employees working for companies or representative offices of foreign enterprises belong to Category B.
To obtain a Work Permit, they normally should be less than 55 years old (for females) and 60 years old (for males), hold at least a bachelor’s degree and have at least two years’ relevant working experience. The Chinese government may control the number of the issuance of Work Permit for these specialists subject to the needs of the labor market. |
| |
|
| - |
Category C – Others |
| |
|
| |
Foreigners not belonging to Category A and Category B but allowed to work in China, such as the youths who come to China for internship based on bilateral agreements between governments, overseas graduates who are allowed to work in China or those who conduct maritime fishing or short-term or seasonal work, are clarified into Category C. They can only obtain a Work Permit if they are needed by the labor market but subject to the quota decided by the Chinese government. |
|
| |
|
| • |
Application procedures are simplified
|
| |
Under the New Application System, when applying for a working visa at the Chinese consulate or embassy, the applicant no longer needs to submit an invitation letter issued by an authorized Chinese authority or enterprise. Further, all application documents will be submitted on-line for pre-examination and the hard copies will be submitted on site later. The entire application procedure is outlined as follows:
|
| |
Submission of Application
(online pre-examination + onsite submission of paper copies) |
|
Notification of Foreigner’s Work Permission (Electronic) |
|
Z visa (working visa) in home country and entering China |
|
Medical examination/Temporary residence registration |
|
Work Permit
(online pre-examination + onsite submission of paper copies) |
|
Residence permit |
|
| |
For the foreigners under Category A, the step of submitting paper copies of the application documents for the issuance of the Notification of Foreigner’s Work Permission can be waived. Such paper documents can be submitted later together with the documents for obtaining the Work Permit. |
| |
|
| • |
Application documents become more complicated |
| |
|
| |
In the past, the PRC authorities were not very strict with the education or professional qualification certificates of the applicants as well as their certificates of no criminal record. Usually copies of the documents were sufficient. In many locations, a certificate of no criminal record was not even required.
Under the New Application System, the education or professional qualification certificates of the applicants, if they are issued abroad, should be certified by the embassy or consulate of the foreign country in China, the Chinese embassy or consulate in the foreign country or a Chinese qualified certification institute. Further, the applicant should provide a certificate of no criminal record issued by the police station, security department or court at his/her place of residence within the last six months. If this document is issued abroad, it shall also be certified by the embassy or consulate of the country in China or the Chinese embassy or consulate in the country.
As a preferential policy, for the foreigners under Category A, they do not need to provide a certificate of no criminal record if they sign a warranty letter. Under some special circumstances, the work experience statement and the education or professional qualification certificate can also be exempted if the foreigner issues a warranty. |
| |
|
Conclusion
According to the Chinese government, existing Work Permit of Foreigner and Foreign Expert Certificate will be still valid until expiration. Starting from 1 October 2017, foreigners holding old permits can voluntarily change them to the new ones. However, foreigners applying for a work permit for the first time or renewing the work permit now should follow the new regulations. Due to the changes of the policies, some foreigners who could obtain a permit in the past may not be able to obtain a permit under the New Application System any more. Some foreigners may also need to spend more time for preparing for the certification of documents.
Based on the above, companies may wish to review whether the foreigners who are going to be hired or assigned to work in China or the existing foreign employees meet the above mentioned requirements to make sure that their work permits can be obtained or renewed according to the new policies. If not, the companies may wish to make proper adjustment or preparation according to the new requirements to avoid the situation that any foreigner fails to obtain or renew his or her work permit as expected.
In case you have questions or for further information, please contact the authors:
|
|
This information is provided for general information purposes only and does not constitute legal or professional advice. Copyright by CMS, China.
If you no longer wish to receive any news via e-mail please use this link to unsubscribe. If you wish to receive the latest information on other topics, please click here to subscribe.
CMS, China
“CMS, China” should be understood to mean the representative offices in Mainland China of CMS Bureau Francis Lefebvre, CMS Cameron McKenna LLP and CMS Hasche Sigle, working together. CMS, China is a member of CMS Legal Services EEIG, a European Economic Interest Grouping that coordinates an organization of independent member firms. CMS Legal Services EEIG provides no client services. Such services are solely provided by the member firms in their respective jurisdictions.
cms.law Disclaimer Privacy Statement
| Shanghai Office |
Beijing Office |
2801 Plaza 66, Tower 2
1266 Nanjing Road West
Shanghai 200040, China
|
Room 1909, China Youth Plaza,
No. 19 Dongsanhuan North Road,
Chaoyang District
Beijing 100026, China |
|
|
