What procedures and documents do foreigners need to apply for a work visa in China?

2023-08-28
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Nowadays, more and more foreigners want to work and live in China, and many companies want to hire foreigners to work. According to article 41 of the Law of the People's Republic of China on the Administration of Departure and Re-entry, foreigners working in China shall obtain work permits and work-type residence permits in accordance with the regulations. No unit or individual shall employ a foreigner who has not obtained a work permit and a work-type residence permit. It means that a work visa consists of these two components, and if one of them is missing, no foreigner can work in China. So, what procedures and documents are needed for foreigners to apply for work visa in China? I. What are the conditions for employers to employ foreigners? The employer shall be established in accordance with the law, have no record of serious violations of the law or breach of trust, employ foreigners in positions for which there is a special need and for which there is a temporary shortage of suitable candidates in the country and which do not violate the relevant state regulations, and pay foreigners wages and salaries that are not lower than the local minimum wage standard. Where laws and regulations stipulate that prior approval should be given by the competent industrial department, approval is required. Meaning: 1、Possessing business license, normal tax payment status and no business abnormality; 2, the special needs of the position, for example: facing the Chinese domestic sales staff positions, Chinese teachers, etc., these positions can be fully qualified nationals, no need to hire foreigners. 3、Salary in the local minimum wage to start. The employer needs to provide information: business license, corporate identity information, company tax information, office address rental certificate or contract. II. What are the conditions for foreigners to work in China? According to Article 7 of the Regulations on the Administration of Foreigners' Employment in China, foreigners are required to fulfill the following conditions for employment in China: 1. Be at least 18 years old and in good health; 2. Have the necessary professional skills and corresponding working experience to perform their jobs; 3. Have no criminal record; 4. Have a definite employing organization; 5, hold a valid passport or other international travel documents that can replace the passport. On this basis, in accordance with the principle of "encouraging high-end, controlling general and restricting low-end", foreigners are categorized into foreign high-end talents (Category A), foreign professionals (Category B) and other foreign talents (Category C). Foreign high-end talents (Class A) refers to scientists, scientific and technological leaders, international entrepreneurs, specialized special talents, etc., which are in line with "high-precision, top-notch and shortages" and market demand-oriented, and meet the criteria of foreign high-end talents in accordance with the counting of points. Foreign high-end talents are not subject to age and working experience restrictions. Foreign professionals (Class B) are those who are in line with the directory of foreigners coming to work in China and job requirements, as well as in line with the standard of foreign professionals with point counting points, and should be no more than 60 years old, with a bachelor's degree or above, and 2 years or above of relevant working experience; if there is a genuine need, the limitations on age, degree, or working experience can be appropriately relaxed. Foreign general personnel (Category C) refers to meet the domestic labor market demand, engaged in temporary, seasonal, unskilled or service work in line with national policies. The most common and basic of these are a bachelor's degree or above and 2 years or above of relevant work experience. The State Administration of Foreign Experts Affairs (SAFE) has introduced a point system as one of the criteria for judging A, B and C talents. Points are calculated for each category based on the foreigner's salary level, education level, years of work experience, age, Chinese language proficiency, work location, and other factors. You can access the following website to measure the points: http://www.ixinohr.com/work-visa/ceping-cn/index.html Documents to be provided by foreign employed persons: passport, documents certifying the highest educational level, documents certifying relevant work experience, documents certifying no crime, medical report, etc. III. Application procedures/processes (in Shenzhen, for the first time applying for a work visa, for example) 1. The employing unit logs on the Shenzhen Comprehensive Service Management Platform for Foreigners and perfects the unit's filing information; 2、The employer applies for the notice of foreigner's work permit to China on the platform; 3、Foreign employers can apply for Z visa (equivalent to temporary work visa) at Chinese consulates in foreign countries when they are outside China, and then enter China. 4. After entering China, the employer applies for a foreigner's work permit and work-type residence permit (which is a work visa) on the platform. If a foreign employer is already in the country and meets certain conditions, he/she can directly apply for a foreigner's work permit and work-type residence permit; if he/she does not meet the situation of directly applying for a foreigner's work permit, but has entered the country, he/she still has to follow the procedures of the new Notice of Foreigner's Work Permit.

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