In early June this year, the Guangzhou Public Security Bureau released the "Reward for Reporting "Three Non-Foreigners"", which addresses immigration offences and the prominent problem of "Three Non-Foreigners" (illegal entry, illegal residence and illegal employment). "In fact, there is a long way to go! The first thing worth noting is that foreigners must obtain a Work Permit for Foreigners in China and a Work Class Residence Permit for employment in China. The former is issued by the Bureau of Foreign Experts (now gradually replaced by the Science and Technology Bureau) and the latter by the Immigration. If a foreigner is employed without the relevant employment procedures, he or she will be considered as "illegal" and the foreign employee will be punished as an illegal employee and the employer as an illegal worker.

In fact the application process is often a mistake by the filer

01. Applying for a Work Permit for Foreigners without applying for a Work Permit in accordance with the regulations

Generally speaking, it happens when the declarant already holds a long-term residence permit in China, for example, a 2-year or 5-year reunion-type residence permit, and after obtaining a Work Permit for Foreigners in China, he or she does not think about it until more than half a year later because there is no burden of visa expiration, and in addition, because the work is busy. In addition, there are some people who feel that the 5-year reunion residence permit in their hands is more fragrant than the 1-year work permit and do not want to exchange it for a short-term residence permit, thinking that it is a residence permit anyway and they have also got the Work Permit for Foreigners in China, so it does not matter whether they exchange it or not.

02. Only applied for a residence permit for work, but not a work permit for foreigners to come to China

Some people have applied for work-type residence permits after entering China on work visas without the burden of expiring visas, and in addition, because they were unfamiliar with the policy, they did not continue to apply for the Work Permit for Foreigners in China as required, until they were told to show their work permits when they extended their work permits

If you do not meet the conditions for exemption, you must obtain an Alien Work Permit and a Work Class Residence Permit in order to be legally employed, and the lack of any document is considered an offence!

03. Hold a work permit from company A, but has a work-type residence permit issued by company B for employment

A foreign employee left company B and jumped ship to company A. Company A helped him apply for a Work Permit for Foreigners in China, but company B gave him a five-year work-type residence permit that year, while unit A could only apply for a one-year work-type residence permit and was unwilling to change the length to a shorter one. It so happens that the foreign employee is in a higher official position and the personnel below are not aware of the policy. If you don't want to change, you won't change. It's good to have a permit anyway.

According to the relevant government regulations, foreign employees must be employed in whichever employer they apply for employment, and both permits must be issued in the name of the employer, otherwise they are also considered "illegal" and the parties concerned will be punished for illegal employment and illegal use of labour.

04. Employment or "part-time work" (commonly known as "black work") in China on a study, tourist or business visa

We have encountered foreign employees who have been blacklisted by the Specialized Bureau of Foreign Affairs for illegal employment. Not only can foreign employees not apply to work in China nationwide, but employers are also disqualified from employing any more foreigners.

Foreign employees and organizations that are blacklisted will no longer be able to apply for a Work Permit for Foreigners in China