As the visa-free policy continues to gain momentum and is publicized on various social media platforms, more and more expatriates are choosing to travel to China to get a glimpse of the “mysterious” power of the East. However, there are also many expatriates who have made an alternative decision to enter China visa-free with the intention of living and working in China for a long period of time, and without any visa. In order to prevent more foreigners from being unclear about the policy and choosing to stay in China to look for work, which may lead to violation of laws and regulations, many private enterprises have no previous experience in hiring foreign employees and are not aware that they need to be aware of the procedures related to the processing of work permits for foreigners to come to China before hiring foreign employees, which may easily lead to facing relevant administrative penalties.

I. Which foreigners cannot be employed?

According to the provisions of the Law of the People's Republic of China on the Administration of Exit and Entry, enterprises cannot employ all foreigners who have entered, resided and been employed illegally in China without going through legal procedures.

1、Illegal immigration

Illegal entry refers to the unlawful act of a foreigner who enters China's national territory without a valid entry visa or legally valid entry document issued by the competent Chinese authorities, or who enters China's territory through one of the ports open to the outside world or designated by China, or who enters China's national territory without being inspected at a border checkpoint.

2、Illegal residence

Illegal residence refers to the unlawful act of a foreigner residing (stopping) in China who fails to apply for a visa or residence permit within the valid period of stay stipulated in the visa or residence permit.

3、Illegal employment

Illegal employment refers to the act of privately engaging in social labor and obtaining labor remuneration without obtaining legal employment status in China, such as working in China without obtaining work permits and work-type residence permits in accordance with the regulations, working in China beyond the scope of the work permit, or working in China beyond the scope of the post or the time limit in violation of the regulations on the administration of work-assistance and study-at-work for foreign students.

II. What procedures do foreigners need to complete in order to be employed in China?

Foreigners who wish to be employed in our country must complete the following procedures, and only after the process is completed can they work at an employer who is qualified to hire foreigners.

1、Foreign employees and enterprises to determine labor relations and sign labor contracts

2、Enterprises apply for “Notice of Foreigner's Permit to Work in China” for them, and foreign employees can apply for work visas at local embassies with the Notice of Permit to Work in China.

3. After a foreign employee enters China on the basis of a work visa, the enterprise must also assist the foreign employee in applying for a work permit.

4、After the entry of foreign employees into China with work visas, enterprises also need to assist foreign employees in applying for work permits.

5、Foreign employees with work permits to the public security department for long-term residence permits

III. What conditions do foreigners need to fulfill in order to apply for a work visa?

1、Basic conditions for foreign employees to apply for work visas

1) Bachelor's degree for two years (need to be certified by the relevant department)

2) Certification of a clean criminal record can be provided

3) Certificate of Cancellation of Chinese Hukou (for foreign Chinese)

4) Have at least 2 years of relevant work experience

2. Documents required for the new issuance of a visa:

List of information to be provided by the enterprise side: business license of the enterprise; identity certificate of the legal person; identity certificate of the specialist office; fixed telephone number of the company, etc.

List of information to be provided by individual foreign employees: individual passport of foreign employees (valid for more than 6 months); certificate of highest academic qualification; certificate of work experience; certificate of no criminal record; medical examination report, etc.

　　All articles reproduced on this website are copyrighted by the original author, and the contents are for study and reference only, not for commercial use, and some of the pictures are originated from the Internet. If in the process of forwarding involved in copyright issues, please contact us in a timely manner, we will be dealt with appropriately as soon as possible.