Policy Information

Q:What are the conditions for the transfer?

A:1. Foreigners working in China change their work units, but the job position (occupation) has not changed, and the work residence permit is within the validity period; 2. The former company has canceled the work permit and provided the resignation certificate and cancellation certificate.

Q:What happens to my existing work permit after I change jobs?

A:After changing your job (also known as "transfer"), if the original company has already handled the cancellation of your work permit for you, your residence permit is also within the validity period, and the new position is the same or very similar to the original position, you can directly apply for the work permit and residence permit transfer.

If the work unit has been changed but the work permit has not been changed, it will be regarded as illegal employment.

Q:Do I have to cancel my existing work permit after changing my job?

A:Yes. It is necessary to obtain the original company's resignation certificate and work permit cancellation certificate. The original work permit must be canceled.

According to China's Exit and Entry Administration Law, if a foreigner terminates the contract or terminates the employment relationship with the employer in advance, the employer shall apply to the decision authority for cancellation within 10 working days from the date of occurrence of the matter; Where the employer is terminated, the applicant may apply to the decision authority for cancellation of the work permit.

The termination of the employment relationship is considered only after the cancellation of the work permit. If the cancellation procedure is not handled according to law, the work unit and foreign employees will be pursued for legal responsibility.

Q:My former company has canceled my work permit and wants to cancel my work residence permit as well, Should I cooperate with my former company to cancel my residence permit?

A:No. Foreigners only need to cancel the existing work permit for transfer, and the residence permit on the passport must be within the validity period. You may choose not to cancel the work residence permit in consultation with the original company.

Q:The head office sent me to work in a branch company. In this case, do I need to go through the separation formalities, cancel the original work permit, and apply for a transfer?

A:Yes. During the period of employment in China, once foreigners change their entity of employment, they are all required to go through the process of changing their work permit and work residence permit.

Q:Can I transfer across cities? For example, the work unit changed from Beijing to Shenzhen?

A:Yes. Those who meet the conditions for transfer also need to successfully cancel the work permit in Beijing first and then follow the relevant policies of the Shenzhen Bureau of Foreign Experts Affairs for transfer.

Q:How can I cancel my work permit?

A:Information required for cancellation of work permit:

1) Application Form for cancellation of work permit for foreigners in China (1 original)

2) Evidence of termination of the employment relationship, termination of the contract, or other reasons for cancellation (1 original)

Application process: The applicant first submits the cancellation application in the system, waits for the online pre-examination by the Foreign Affairs Bureau, and finally verifies the original documents offline and achieves the cancellation certificate.

Q:What should I do if my previous company does not cooperate to cancel my work permit?

A:If the previous company does not cooperate, you can try the following methods.

1. Make a complaint, apply for labor arbitration or legal action

Foreigners can go to the Social Security Bureau of the administrative region where the company is located to complain about the termination procedures. It can also go to the labor arbitration committee of the administrative region where the company is located for labor arbitration. If a party is not satisfied with the award or decision of the labor dispute arbitration institution, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.

2. Apply for a new work permit

Since the expiration of the work permit for foreigners in China will be automatically canceled, you can wait until the work permit expires after the automatic cancellation of a new work permit.

Tips: While waiting for the original work permit to expire, please prepare all the new documents and apply for a stay visa (T visa) at the exit and entry when it is about to expire, which is usually valid for 30 days so that you can legally stay in China and apply for a new work permit after the work permit expires.

Q:What materials do I need to apply for a new work permit card (change of work unit) inland?

A:1. Application form for foreigner's work permit in China; 2. Certificate of work qualifications (Certificate of work experience related to the current position issued by the applicant's original work unit, including the position, working hours, or projects that have been done, which should be stamped by the applicant's original work unit or signed by the person in charge, and leave a valid contact number or email to prove the contact person.) ; 3. Highest degree certificate or related approval documents, professional qualification certificate (after November 1, 2017, foreigners who have newly obtained work permits for foreigners to change employers may not submit the highest degree certificate in some cases.) 4. Employment contract or employment certificate; 5. The applicant's passport or international travel document, the applicant's valid work and residence permit; 6. Head-on bareheaded photos of the applicant within 6 months; 7. Work permit cancellation letter; 8. Other materials.

Q:How long does it take to transfer?

A:Meet the processing conditions, about 10-15 working days to get a new work permit; Further change of residence permit requires an additional 7 working days.