Common Problems of Foreigners Working in China

Q1: how long can the foreigner work permit be issued at one time?

A1: class a high-end talents will be issued once for 3-5 years, and class B professionals will be issued once for 1 year. At the same time, it shall not exceed the validity of the employer's business license, the government approval on registration issues, the validity of the labor contract or letter of appointment, and the validity of the applicant's passport or international travel document that can replace the passport.

Q2: do foreigners who have obtained permanent residence in China need to apply for foreigner work permit for employment in Shenzhen?

A2: foreigners who have obtained permanent residence in China do not need to apply for foreigner work permit for employment in Shenzhen. If necessary, you can also apply for a five-year work permit.

Q3: can individual businesses or citizens employ foreigners?

A3: Article 34 of the provisions on the administration of employment of foreigners in China stipulates that it is prohibited for individual economic organizations and individual citizens to employ foreigners.

Q4: I hold the work permit of company B. the work residence permit of the previous company a has not expired. Can I work directly in company B?

A4: according to the relevant regulations of the government, foreign employees must obtain employment in the same unit where they go through the employment formalities, and both certificates must be obtained under the name of the employer, otherwise it will also be regarded as "illegal", and the relevant parties will be punished according to the illegal employment and illegal employment.

Q5: I have applied for a foreigner's work permit and have a 5-year reunion residence permit, so is it OK not to apply for a work residence permit?

A5: no, you must obtain a foreigner's work permit and a work residence permit before you can legally obtain employment in China. If either of them is missing, it will be regarded as illegal employment.

Q6: can the work qualification certificate be part-time or internship experience?

A6: the work qualification certificate cannot be part-time or internship experience, and must be full-time work experience.

Q7: when filling in the work permit application information and saving the basic information, the system prompts "this person is handling other businesses and cannot create other applications"?

A7: please find the application and delete it or edit it directly according to the "application No." and "reporting company" prompted by the system.

Q8: when should an employer sign a labor contract with a foreigner to be employed?

A8: the time for the employer to sign a labor contract with a foreigner shall be determined by both parties through consultation, but the foreigner work permit shall be issued after the effective date of the labor contract.

Q9: how to punish the employing units that employ foreigners in violation of regulations and foreigners who are illegally employed?

A9: Article 80 of the law of the people's Republic of China on the administration of exit and entry, aliens who illegally obtain employment shall be fined not less than 5000 yuan but not more than 20000 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than 15 days and shall also be fined not less than 5000 yuan but not more than 20000 yuan. If a foreigner is introduced for illegal employment, he shall be fined 5000 yuan for each person illegally introduced, and the total amount shall not exceed 50000 yuan; The unit shall be imposed a fine of five thousand yuan for each person illegally introduced, and the total amount shall not exceed 100000 yuan; The illegal gains, if any, shall be confiscated. Those who illegally employ foreigners shall be fined 10000 yuan for each person illegally employed, and the total amount shall not exceed 100000 yuan; The illegal gains, if any, shall be confiscated.

Q10: now that the foreigner's work permit in China has been obtained, can we start working?

A10: foreigners working in China must obtain a work permit for foreigners and a work residence permit. The former is issued by the Foreign Experts Bureau or the science and Technology Bureau, and the latter is issued by the exit entry administration.

Q11: can foreigners obtain employment with domestic ID cards that have not been cancelled?

A11: foreign employees who once had Chinese nationality entered China with foreign passports and long-term visas (for example, they can stay 180 days each time to visit relatives for 10 years). Because they have not cancelled their registered residence and ID cards, they still hold their domestic ID cards to work in China. Once verified, such cases will be punished. China does not recognize dual nationality.

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