外国人在中国就业
Foreign nationals who want to work lawfully in China must first obtain a work permit. The application must be made by the employing company rather than by the employee personally.
1. Company Ownership Does Not Automatically Grant Work Rights
It is important to understand that being a company shareholder and/or legal representative does not automatically give a foreigner the right to work in China, nor does it guarantee any particular immigration status.
If a foreign legal representative wants to work for the company in China, they must still obtain a work permit. In practice, this is commonly done by applying for a permit tied to the position of Company Director.
2. Work Permit Classes
China currently uses a three-tier classification system for foreign work permits:
- Class A: for highly qualified professionals who meet special criteria, such as high income, advanced qualifications, or recognized high-level talent. This class benefits from faster processing and simplified procedures.
- Class B: for mid-level professionals who meet the standard educational and work experience requirements. This is the most common category and follows the normal application process.
- Class C: for temporary or seasonal workers. This permit is issued for a short duration, usually no more than 90 days.
3. Initial Application Procedure
The exact procedure varies somewhat depending on the city where the employer is registered and whether the applicant is currently inside or outside China. However, the first step is the same in all cases: the employer must obtain a Notification of Approval of Work Permit.
To do this, the employer must register an account in the Service System for Foreigners Working in China and submit an application online. Depending on the applicant’s class, scanned copies of supporting documents must be uploaded, such as:
- passport copy,
- degree certificates,
- criminal record clearance certificates,
- and other supporting materials required by the local authorities.
Once the application is approved, the official notification can be downloaded from the system.
4. If the Applicant Is Outside China
If the applicant is not currently in China, they must use the approval notification to apply for a Z visa (work visa) at the nearest Chinese consulate or embassy in their country of residence.
After entering China with the Z visa, the employee must submit the original versions of the previously uploaded documents to the local labor or foreign expert authority in order to receive the physical or final Work Permit.
5. If the Applicant Is Already in China
If the employee is already in China and is eligible to apply locally, a separate entry visa application is usually not required. In that case, the process can move directly from the approval notice stage to issuance of the Work Permit, subject to the local rules.
6. Residence Permit
After the Work Permit is approved, the employee must apply for a Residence Permit at the local Entry-Exit Administration office. The Residence Permit allows the employee to stay in China legally for the purpose of work.
The validity of the Residence Permit cannot exceed the remaining validity of the Work Permit.
7. Renewal and Extension
The employee may apply to extend the Work Permit no earlier than 60 days and no later than 30 days before the permit expires. If the extension is approved, the Residence Permit must also be extended separately.
During the renewal process, especially for the first renewal, the authorities may require evidence that the employment is genuine and active. This may include:
- individual income tax payment records,
- social security contribution records,
- and other proof of actual employment.
If the employing company is newly established, the authorities may also ask for proof that the business is actually operating, such as office lease invoices, contracts with customers or suppliers, and bank statements showing real commercial income.
8. Practical Support
Processing work permits and residence permits can be handled as a standalone service or as an add-on to a company formation package, depending on the needs of the employer and the employee.