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陕西外国人服务平台 | 外国人来华签证办理注意事项,避免非法就业

发布时间:2021-11-11    |    浏览次数:

外国人来华签证办理注意事项,避免非法就业

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.

今年6月初,广州市公安局发布《举报“三非”外国人奖励办法》针对出入境违法犯罪和突出的“三非”(非法入境、非法居留、非法就业)外国人问题,清理“三非”其实任重道远!首先值得注意的是,外国人在华就业必须获得《外国人来华工作许可证》和工作类居留许可证。前者由外国专家局(现在逐步由科技局取代)颁发、后者由出入境签发。 如未办理相关就业手续就业,则将被视力为“非法”,外籍员工按非法就业、用人单位按非法用工分别予以处罚。

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

实际上申办过程中,申报人常出现失误

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

01.只申办《外国人来华工作许可证》而未按照规定申办工作类居留许可

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.

一般而言发生在申报人已持有长期居留许可在国内,比如:2年或5年的团聚类居留许可,在获得《外国人来华工作许可证》接下来,因为没有签证到期的负担,另外由于工作正忙,一拖半年多才想起来。此外,还有一些人觉得手中的5年团聚居留许可比1年工作类居留许可香,不愿去换短期居留许可,觉得反正都是居留许可,自己也拿到了《外国人来华工作许可证》,换不换居留许可并不重要。

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

02.只申办了工作类居留许可,未办理《外国人来华工作许可证》

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

有些人持工作签证入境后,申办了工作类居留许可证,没有了签证到期的负担,另外由于对政策不熟悉,未按照规定继续申办《外国人来华工作许可证》,直到延期工作居留许可证被告知要出示工作许可证时

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!

如果不符合免办条件,必须取得《外国人来华工作许可证》和工作类居留许可证,才能合法就业,缺少任何证件,视为违法!

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

03.持A公司的工作证,但拿着B公司就业签发的工作类居留许可

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.

某外籍员工在B公司离职跳槽去了A公司,A公司帮其申办了《外国人来华工作许可证》,但B公司当年给办的是五年的工作类居留许可证,而A单位只能申请到1年的工作类居留许可,不愿意长改短。碰巧外籍员工的官位比较高,下面的人事不了解相关政策。如果你不想改变,你就不会改变。反正有许可就好。

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.

按政府相关规定,外籍员工在哪家单位申办就业手续,就必须在哪家单位就业,而且两证必须都办在用人单位名下,否则同样视为“非法“,按非法就业和非法用工处罚相关当事人。

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

04.持学习、旅游、商务签证在华就业或“兼职”(俗称“打黑工”)

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.

我们遇到了外国员工,因为非法就业被外国专门局列入黑名单。不仅外国员工不能在全国范围内申请到中国工作,雇主也失去了再雇佣任何外国人的资格。

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

列入黑名单的外籍员工和单位,将无法再申请《外国人来华工作许可》

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