Regulations on Foreigner's Work Permit

Requirements

Applicants can directly apply from within China for the Foreigner's Work Permit if they meet the following requirements:

(1) High-end talents (Category A) with other types of visa or valid residence permits if already in China;

(2) Foreigners working in China who changed their employer but retain the same post (occupation) and whose work-type residence permits are still valid;

(3) Accompanying family members of foreigners working in China, with valid visas or residence permits;

(4) Other applicants who meet the requirements of approval authorities.

New policy on Foreigner's Work Permit

Effective on April 1, 2017, the State Administration of Foreign Experts Affairs rolled out a unified work permit system nationwide that began to process applications of both "foreign experts" and ordinary foreign nationals, referred to as R visas and Z visas respectively. There will be one permanent tracking code for each person so as to manage and record in real time the work, service, credit history and other related information of foreigners working in China.1

The new system uses a points-based, three-tiered classification system to evaluate which candidates qualify for the work permit. Compared with the old system, the new one requires fewer supporting application materials, provides a more transparent evaluation process, and shortens turnaround time.

Rights and obligations of the applicant

(I) According to the Administrative License Law, an applicant or employer enjoys the following rights:

1. To be informed of the progress of the application;

2. To be informed of the reasons for failing to be accepted or approved;

3. To be entitled to make statements and defend themselves with regard to the administrative licensing of an administrative organ;

4. To be entitled to apply for administrative reconsideration or file an administrative lawsuit with regard to the decision of reviews.

(II) According to the Administrative License Law, the applicant, the employer, and the unit or person that presents proof materials shall fulfill the following obligations:

1. Make sure that the materials submitted are complete, accurate, and effective;

2. Cooperate with decision-making organs checking the authenticity of the materials through face-to-face talks, telephone calls, and field investigations;

3. Work within the permitted areas after gaining the work permit;

4. The legally-obtained Foreigner’s Work Permit shall not be transferred to others.