#2 China Work Permit - Secrets Revealed
Source:/Authors: Julian , Majdi
What's this article about?
This article is a follow up to the original article written about the new work permit system with common questions that have come up in the JobTube Visa and JobTube Law WeChat groups.
QR of the original article
All the following situations will be referred to as Situation A:
1. If you worked in China, then transferred off of a work visa for another visa, and now you wish to apply to work in China again.
2. If you worked in China, and then left the country, and now wish to work in China again.
3. If you are a first-time applicant for working in China.
In all three situations, your application will be considered the same as a first-time applicant for a work and residence permits. The requirements of this are different than for a renewal without leaving a work visa.
The previous article included 19 Q&A, so the numbering will start under this article from 20.
Do my work permit documents have to be notarized and authenticated overseas?
According to the new national law, if you belong to Situation A, then the no-criminal record should be notarized overseas from a local notarization body, and then authenticated by the Chinese consulate or embassy. This process differs slightly from country to country.
Educational degrees can be notarized and verified in China with the government entity that verifies foreign degrees for Chinese citizens, this is significantly cheaper and easier. The website is http://renzheng.cscse.edu.cn/Login.aspx; however, you will need a Chinese friend or your employer to handle it for you because it is all in Chinese. Some non-Chinese have already used this service.
Generally, notarizations from one’s home embassy in China are not accepted because most foreign embassies/consulates can only notarize documents that relate to conduct in that particular country.
Some Chinese authorities do not recognize self-declarations, while others do, but according to the new work permit policy, Class A visa holders are allowed to use self-declarations in the case of non criminal record and educational certificates, however, local authorities still have the power to reject self-declarations in special cases.
Do the notarization and authentication of the documents have an expiry date?
Yes.
Some consulates/embassies for China around the world say that it expires in 6 months, but in practice, it appears to be 3 months.
What if I am the national of country A, but my documents are from country B, which country should notarize my documents?
Country B.
Documents can only be notarized and authenticated by the country in which they were issued, unless in a special circumstance such as the foreign degrees in China. For example, if you are an American that worked for many years in England, the Americans cannot verify your British documents.
Could I register a company to handle my work permit and visa?
It depends.
You cannot register a company, with no business operation, just for the purpose of your work permit and related visa. The company must conduct operation and meet certain requirements to employ foreigners, and then you can apply for a work permit through the company. However, you will still need to meet the work permit requirements and there is no guarantee that you will be accepted.
Could I register a foreign company in China using my passport without having a company overseas?
Yes.
Is it possible to register a company without paying the registered capital?
Every company requires a registered capital stated in the business license. However, it does not need to be paid during the registration process, but between 2 and 5 years (and up to 20 years for local companies) and that goes well with your proposed operation. This means that they will evaluate case-by-case.
Can I register a local company? or become a shareholder/owner of a local company?
No.
Foreign nationals cannot become shareholders for local companies. Once a foreign holder becomes a shareholder or owner for a local company then the company needs to be changed from a local company to a Sino-foreign joint venture or a foreign owned company. However, it's possible for a foreigner to be the legal representative for a local company.
If I work in City A with Company A, the company sets up a new office in City B and asked me to move to the new office; where should my work/residence permit be tied to?
City B.
Your work and residence permit should be tied to the city in which you spend the majority of your time in China.
I am missing 2 years of work experience, could I still get a work permit to work in China?
It depends.
First: It depends on your employment area in China. Shanghai, especially Shanghai Free Trade Zone and Shanghai New Area and some other areas are more flexible, and they do not consider the working experience as mandatory.
Second: It depends on your education. I suggest you review the first article on this subject, which details a few situations that this could be accepted.
Third: It depends on your employer size, reputation, and connections.
If you possess technical skills that are highly demanded by a reputed and powerful employer, you are more likely to be accepted for the work permit without work experience.
I want to work and study, what are my options?
That is becoming possible in Shanghai, which is more open toward encouraging entrepreneurial foreigners and especially in Shanghai New Area and Free Trade Zone.
Generally, if you study full time, then by law, the university must give you a student (X) visa that only allows you to do internships. You must get documents from your university and from the company you wish to intern for and present these with your passport at the main Public Security Bureau so that your study residence permit can be marked for an internship. The government mandates the total number of hours per week, categories and maximum allowances for stipends, so it cannot be used lieu of work.
There are other types of visas that people used to do internships on, but the government in many cities is cracking down on doing this.
On a side note, the only other way that internships could be possible is if your home country and China has a bilateral agreement for internships.
With this said, legally, one can only work while holding work and residence permits, so if you are studying here full time, there is no way to work full time, too. Working full time, legally, and studying part time is also an option because a student visa is not required for part time study.
My current employment ends on a certain date, but my next job will not begin until a couple of months later, what shall I do?
If your current work/residence permit expires, it's considered an overstay for which serious consequences are given. So you have these options:
1) The best option is to ask your new employer to facilitate the transfer and renewal of your work and residence permits early.
2) Ask your current employer to extend your visa until the new date.
3) Apply for a non-work visa to fill the time gap, but then you may fall into Situation A. In Shanghai and developed cities the authorities might be flexible, so it would be wise to discuss the matter with the visa authorities and whether it is possible to stay in China while transferring from the non-work visa to the new work visa.
My current employment ends on a certain date, and I wish to travel around China after that before leaving the country. What should I do?
Two solutions:
1) Discuss it with your employer, if they agree, then it is safe to travel while on a working visa although your employment ended.
2) Obtain a travel visa. Usually the authorities give lesser terms if you apply within China (≈30 days).
Either way, make sure to get all the correct release documents from your employer (The release letter and canceled work permit/the receipt of cancellation).
When is the earliest date to start the renewal process for my work and residence permits?
60 days before the expiration of the current work and residence permits.
Few days left before the expiry of my work/residence permit, do I have enough time to have my renewal processed?
This situation depends on the local regulations regarding the starting and/or completion of the renewal process. Here are the possible situations. We would suggest that you check with the local authorities, as well:
1) The new work permit application to be completed before the expiry of the current work/residence permits,
2) To start the new work permit application before the expiry of the current work/residence permits.
3) The work permit needs to be completed but the residence permit needs to be applied for before the expiration date.
4) Both the work permit and residence permits need to be completed before the expiration date.
Please consult the local authorities (the Foreign Expert Department) to confirm the actual situation in your city. Generally, earlier applications are viewed more favorably.
The complete process is as follows:
Online application (up to 5 days);
Work permit application (up to 10 days);
Residence permit application (up to 10 days for approval).
These dates are approximate and vary city-by-city. Furthermore, the days represent business days.
You certainly do not want to be in an overstay situation, so your only option is to leave the country in time and start the process all over again.
Could I change a visa to one of a different class (e.g. tourist to work, etc.) while in China?
In Shanghai, it is possible to switch between visas without leaving China. It becomes more difficult in smaller or less internationalized cities where you can always change downwards, but in certain situations, as presented in the first article, you can switch up. With this said, the terms and conditions of the visa you get may not be good. For example, generally in China if you just had a work visa and now you want a tourist visa, you will only get a 30 day tourist visa.
Someone offered me a student visa with a fee. Should I be alarmed or is this normal?
Attendance and maintaining certain grades is a requirement of a student visa. Some agents offer student visas without this requirement, in that situation something shady is happening.
In both cases, investigate the situation beforehand. Ask to see the institution’s license, website, and course list.
There are agents around that aren't officially authorized by the schools and universities, although they would show you papers, licenses, agreements, etc.
When paying a fee, it's very risky to pay any advance payment before the deal is completely done. If you have to do so, then do it through a trustworthy third party guarantor. If the agent got furious and angry and threatened that you would lose the offer if you don't pay and make your decision, then probably you are dealing with a scammer.
I have a dependence visa, based on marriage, can I work in China?
No.
The visa you obtain from either being married to a Chinese national or being the spouse of a foreign national with a purpose (study, work, etc.) does not permit any other activity besides living in China. You still need work and residence permits to work in China or a student residence permit to study full time. If you are married to a Chinese national, the authorities can still give you consequences. If you are married to a foreign national, this could affect his or her status in China, too.
I qualify for Category B by points, but my employer said that my credentials are not matching the requirements. Why?
It depends on the job area and the type of employer that you are working for. In many situations of category b, there are alternative qualifications that must be met to work in China in that industry. Teaching (for a school rather than a training center) is an example.
There has been a lot of discussions recently about the so-called “Chinese Green Cards.” What are the disadvantages of applying for one?
China is in the process of updating the rules for Green Card to make it more convenient. By far there are no clear regulations over the new Green Card, which is likely to be implemented before the end of this year, so we will talk about the disadvantages of the old Green Card. Many of the disadvantages remain the same, except for the electronic aspect.
1. 10 years validity: Unlike green cards for some other countries, which is for life, you have to continue to maintain the requirements to receive a new one 10 years later.
2. No passport: There is almost no way to fully become a Chinese citizen, so the Green Card does not entitle you for a Chinese passport.
3. Taxes on worldwide income and assets need to be paid in China.
4. The card technically differs from a Chinese ID card and does not have the electronic chip in the Chinese ID card, so it cannot be used to book train or plane ticket vending machines or hospitals service machines.
5. Hotels & Banking: There is no national announcement by the public security to hotels and banks to recognize the Green Card, so it cannot be used for hotel check-in or banking. The computer systems are also not designed to accept these cards. Hotels and Banks still need to see your passport and your valid visa, and the fact that you are holding a look-alike Chinese ID card would just make you more suspicious.
6. Loans: The card cannot be used to take loans.
7. Overseas travel: With the Green Card you cannot enter China from overseas because the card is not recognized by airport authorities, so you still need a visa on your passport to travel overseas.
8. It allows its holder to live in China, but not to work. (I know, this sounds crazy)
I want to change my work visa from:
City A to City B
Employer A to Employer B
Employer A in city A to employer B in city B
The above situation is a case-to-case basis. Sometimes it is like applying for a new visa so it could be as Situation A in referred at the top of this article. Other times it is possible to apply while inside China, and the documentation required could be partially waved. In the case of foreign experts or Class A visa holders, it is more flexible.
Recently I heard about the Entrepreneur visa, where I can submit a business plan and get a visa to stay in China, what's the truth behind this?
This is a visa dedicated for those who wish to start a business in China. Some agents claim that this visa will help you to stay in China.
By far, the news said this visa is in Shanghai and Guangzhou, besides submitting th 48 32838 48 15759 0 0 2501 0 0:00:13 0:00:06 0:00:07 3097e business plan to the Public Security Bureau, we are not sure as to the exact requirements. Importantly, it is unclear whether working with this visa will be allowed. The visa is meant for people that wish to start a business; using it temporarily until receiving another visa would be the improper use. We think that the government is looking to promote certain more encouraged areas of business through this visa.
What happens if I got caught for engaging in activity that my visa doesn't allow?
This could include: Working while holding a non-working visa like student or spouse visa; conducting business on a non-work or business visa; Visiting China to meet your family members in City A on a Business visa for City B…etc. The consequences are determined by the officer and could include a combination of: Fines, warnings (official or unofficial), prison, exit visa, and/or deportation. The latter two would require you to pay for such an exit visa.
The important other issue is a notice on the international database shared by law enforcement and embassies around the world making future visa applications and/or entry to China or other countries difficult.
About the author
Julian runs a company that works with organizations cross border between the US, China, and Africa. He has been based in China for a number of years and is also a frequent commentator in the JobTube WeChat visa and law groups. He can be reached through JobTube.
Co-author: Majdi (Founder & CEO / JobTube)