Q&A on common issues related to job transfers for foreign nationals
Q:What is a "foreigner work permit" transfer?A:The Foreigner Work Permit is a legal document for for
Q:
What is a "foreigner work permit" transfer?
A:
The Foreigner Work Permit is a legal document for foreigners working in China.
For foreign nationals working in China, if they want to change employers, they need to complete the transfer procedures for their work permit.
Q:
Why do I need to apply for a foreigner's work permit to transfer employment?
A:
When a foreigner changes jobs, they must also apply for the transfer process of a foreigner's work permit. If the workplace has changed but the work permit has not been updated accordingly, it will not meet the requirements for foreigners to work in China and will be considered illegal employment. Therefore, foreigners must ensure timely updates of their work permits when changing jobs to comply with relevant regulations and requirements.
Q:
Why do I need to cancel my work permit?
A:
Prove termination of labor relationship
Enterprises are only considered to have terminated their employment relationship with the employing unit after simultaneously obtaining work and residence permits for foreign nationals. If the work visa relationship is still in the original company, during this period, if foreign nationals violate the law or have personal accidents. There may be joint and several liability to the company.
Legal provisions
According to the law, foreign nationals must cancel their work visas after terminating their employment relationship with the company. If they fail to complete the cancellation procedures in accordance with the law, the unit and foreign nationals will be held legally responsible.
One of the materials for changing the work unit
After the cancellation of the residence permit, foreign nationals will be able to apply for a 30 day stay visa. During this period, if they find employment opportunities in other units, they can apply for the transfer of work permits and the extension of residence permits.
One of the required materials for handling a business transaction
If foreign nationals plan to leave the country, they must also provide a certificate of cancellation of their work permit in China when handling matters such as pension insurance refunds and one-time processing of medical insurance personal accounts.
Q:
How long is the validity period of the Foreigner's Work Permit? Do I need to charge for changing documents?
A:
According to the criteria for determining foreign workers working in China, the validity period of work permits approved by local management departments varies. Generally, Class B talents sign once a year. Renewal upon expiration. Visa expiration requires an extension, and the Exit Entry Administration will charge corresponding visa fees.
Q:
Who needs to apply for transfer of employment?
A:
Foreigners who have obtained a foreign work permit need to apply for a change of work unit;
Foreigners applying for job transfer need to first cancel their existing work permit and also change their residence permit. According to the regulations on entry and exit management, the cancellation of the work permit should be carried out within 10 days after resignation, although some cities may slightly relax it. Therefore, the timing of job transfer after resignation is very important, and it is necessary to promptly handle the cancellation procedures and obtain a new work permit and residence permit.
Q:
What documents are required to handle the transfer of employment?
A:
1、 The required documents for foreigners to cancel their work permits are as follows:
Application Form for Foreigner's Work Permit Cancellation in China;
Proof materials related to termination of employment relationship, contract termination, or other reasons for cancellation.
2、 After canceling the original work permit, a new work permit application shall be submitted within 30 days from the date of cancellation. When handling a transfer, the following matters should be noted:
The original work residence permit is within its validity period;
The new job position needs to be basically consistent with the original job position;
A certificate of resignation from the original company is required.
Q:
How long does it take to process a transfer?
A:
Meet the application requirements and obtain a new work permit within approximately 10-15 working days;
If further changes to the residence permit are required, an additional 5-7 working days will be required.
Q:
Do I need to reapply for entry and exit procedures when my unit assigns me to work in a branch?
A:
Required. During the employment period of foreigners in China, once they change their employer, they are required to reapply for the change procedures of their work permit and work residence permit.
Q:
Cancellation process of work residence permit
A:
Work permit cancellation
Online pre examination by the Bureau of Foreign Experts Affairs. After passing the pre examination, there is no need to make an appointment, and on-site acceptance and submission of documents are required to obtain a cancellation certificate. (Currently, most cities can submit verification and download cancellation certificates online, without the need for on-site collection)
Cancellation of work residence permit
After obtaining the work permit cancellation certificate, go to the immigration department to handle the cancellation procedures, and the applicant must be present in person.