About the Foreigner Work Permit

By Carmen |  release time:June 25th,2018

Here's the guide for foreigner work permit annulment and replacement. Check it out.


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Qualifications


Employer Qualifications

1. The employer must be a legal entity without seriously negative credit records. The position must be a special one temporarily short of appropriate domestic candidates at home and must not be against the applicable Chinese regulations. The wage and bonus of the foreign employee must meet the local subsistence wage regulations.  


2. Under law, the employer will be subject to the prequalification procedure of the competent authorities, if applicable.


Applicant Qualifications

1. A work permit applicant must be 18 or older, healthy and have no criminal records. He or she must have a definite employer in China and have the professional expertise or knowledge to do his work.  

2. The position must be one that complements the social and economic development of China. He or she must be a professional China is short of or in bad need of.     


Foreign Expert (Class A)

Foreign experts include excellent scientists, leading technologists, international entrepreneurs and special professionals who are needed by the market and required for the social and economic development of China as well as high-quality talent meeting the specific point system requirements. There is no limit to age, education and working experience. 


Foreign Professional (Class B)

Foreign professionals are high-quality talent who falls under the catalogue in the Directive on the Employment of Foreign Workers in China and whom China badly needs for social and economic development. They must be aged at most 60, have a bachelor's degree or higher and two or more years of working experience. The limits on age, education and working experience are looser for Innovators, entrepreneurs, skilled professionals, excellent foreign university grads, talent meeting the specific point system requirements and talent designated in intergovernmental agreements or pacts. 


Ordinary Foreigners (Class C)

Ordinary foreigners refer to other foreigners who meet the demand of the domestic labor market and the requirement of national policies.


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Application Materials


Application for Annulment

1. The original copy of the Application Form for Cancellation of Foreigner's Work Permit (fill out online and then print. Sign the form, stamp with the employer organization's official seal and then upload to the system).


2. Photocopies of proof materials relevant to reasons for annulment including termination of the employment relationship or contract (signature and seal stamping from both parties are required for termination of the employment relationship or contract; for an applicant who unilaterally departed or cannot be contacted, the employer organization shall submit supplementary explanation about the annulment)


Note

1. When the Foreigner Work Permit reaches the end of its validity period and no extension has been applied for, it is automatically annulled. For a permit that has been revoked, recalled or withdrawn in accordance with the law, annulment will be performed by the decision-making organ.


2. For termination of the employer organization, the applicant can apply to the decision-making organ for annulment of the work permit.


3. For an employer organization that has been terminated in accordance with the law, the Foreigner Work Permit Annulment Application Form submitted by the applicant does not need to be stamped with the official seal of the employer organization, but it is necessary to submit proof materials showing the employer organization's lawful termination and inability to apply for permit annulment, explanation from the applicant himself/herself about the permit annulment situation, and the Foreigner Work Permit.


3. For the death or incapacipation of the applicant, , or premature termination of the contract or employment relationship, the employer organization shall apply to the decision-making organ for annulment within ten working days after the occurrence of the event.


4. For a Foreigner Work Permit that has been annulled, after application the proof of annulment shall be issued by the decision-making organ.


5. All materials written in foreign languages shall be submitted with Chinese translation versions stamped with the official seal of the applying organization.


Application for Replacement


1. The original copy of the  Application Form for Replacement of Foreigner's Work Permit (fill out online then print. Then  sign the form, stamp with the employer organization's official seal and then upload to the system).


Note

For replacement of a Foreigner Work Permit, on the day of the loss of the permit or the day of the discovery of the loss of the permit, the applicant shall publish a statement on the Foreigner Working in China Administrative Service System and apply to the decision-making organ for replacement. For a damaged permit, the applicant should bring the original permit when applying for replacement.


Processing Procedure


1. Online application: Employer organizations log on to Foreigner's Working in China Administrative Service System, submit application information and provide relevant electronic materials. For those commissioning professional service agencies for the process, it is necessary to first submit information including the name of the professional service agency, proof of legal registration (business license or organizational code certificate, and social security registration certificate or foreign enterprise resident representative office registration certificate), and agent's name, identity card and contact phone number online. The employer organization's letter of commission and identity card of the agent shall be submitted on-site.


2. Online pre-evaluation: Service processing organ shall perform pre-approval procedures and accept service request within five working days after receiving online application materials (excluding the day of materials submission). For materials that are incomplete or with contents that do not conform to format, all required corrections and supplementations shall be explained by the service processing organ in once online. For materials that are complete and with contents that conform to format, online notification or reservation for on-site materials submission will be carried out.


3. Service request acceptance, examination and investigation, and decision: After materials being submitted for verification, the service process shall be completed on-site if materials are complete and meet proper conditions and standards. For application materials that are incomplete, corrections and supplementations required shall be explained to the applicant on-site and a one-time notification letter will be issued. For those that do not meet conditions or standards, the rejection decision will be made in writing and reasons will be explained, and the applicant or employer organization will be notified of their legal rights to proceed with administrative review or raise administrative litigation.


Time commitment: Five working days

Processing window: Window of Chengdu Administration of Foreign Experts Affairs, 3/F Reception Center of Exit and Entry Administration Division of Chengdu PSB 

Window contact phone: 028-62377790

Complaints hotline: 028-61888298


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