Hiring Foreign Employees in China: Visa and Work Permit Requirements

Step-by-Step Guide to Applying for a Work Permit

Once the foreign employee has entered China on a Z Visa, they must complete the work permit and residence permit application process. Here is a detailed guide on how to apply for a work permit and residence permit in China.

Application Process for Z Visa and Residence Permit

1. Obtain a Notification Letter of Foreigner’s Work Permit:

   The employer applies for this letter on behalf of the foreign employee through the Chinese government’s online work permit application system. The application includes details about the employee’s qualifications, work history, and the job being offered.

2. Apply for the Z Visa:

   With the Notification Letter in hand, the foreign employee applies for the Z Visa at the Chinese consulate in their home country. The Z Visa allows entry into China for employment purposes.

3. Arrival in China and Health Examination:

   Upon arrival in China, the foreign employee must undergo a medical examination at an approved Chinese medical facility. The health report is required to complete the work permit application.

4. Apply for the Work Permit:

   After the medical examination is complete, the foreign employee submits their work permit application to the local Ministry of Human Resources and Social Security (MOHRSS). The work permit typically takes around 10 to 15 business days to process.

5. Apply for the Residence Permit:

   Once the work permit is issued, the foreign employee must apply for the Residence Permit at the local Public Security Bureau (PSB) within 30 days of arriving in China. The Residence Permit replaces the Z Visa and allows the employee to live and work in China for up to one year.

Timeline and Fees Involved

• Processing times:

  The overall timeline for the work permit and residence permit process typically ranges from 6 to 8 weeks. The Z Visa itself takes around 10 business days to process, while the work permit application takes 10 to 15 business days. The Residence Permit is issued within 10 days after submission.

• Fees:

  The cost of obtaining a Z Visa varies depending on the foreign worker’s nationality and the local Chinese embassy or consulate. On average, the visa application fee ranges from USD 100 to USD 200. The work permit and residence permit application fees typically range from USD 100 to USD 300, depending on the location and processing speed.

Employer Compliance with Labor Laws

Chinese labor and immigration laws require employers to ensure full compliance when hiring foreign employees. This includes adhering to employment quotas, maintaining accurate records, and ensuring that all work permits and visas are up-to-date.

Ensuring Adherence to Employment Quotas and Labor Regulations

China imposes strict quotas on the number of foreign employees a company can hire, particularly in sectors where local talent is available. Employers must ensure that they do not exceed the allowable number of foreign employees relative to the size of their local workforce. Additionally, employers must ensure that foreign employees are only hired for roles that cannot be easily filled by local candidates.

• Labor Market Testing:

  In certain cases, employers may be required to demonstrate that they have attempted to hire locally before recruiting a foreign worker. This process is known as labor market testing and involves advertising the job locally for a specific period before offering it to a foreign candidate.

• Penalties for Non-Compliance:

  Failure to comply with Chinese labor and immigration laws can result in severe penalties for employers, including fines, the suspension of work permits, or restrictions on future hiring of foreign workers. It is crucial for employers to stay informed about current regulations and maintain full compliance to avoid legal issues.

How AYP Can Help

Navigating the visa and work permit requirements in China can be overwhelming, particularly for businesses unfamiliar with local regulations. AYP offers comprehensive Professional Employer Organisation (PEO) and Employer of Record (EOR) services in China, helping businesses streamline the process of hiring foreign employees while ensuring compliance with all labor and immigration laws.

AYP’s services include managing the work permit and visa application process, handling compliance with employment quotas, and ensuring timely renewals of permits. Our team of experts provides end-to-end support, allowing businesses to focus on growth while we handle the administrative complexities of hiring foreign talent in China.