GUIDANCE ON APPLICATION FOR “WORK-TYPE RESIDENCE PERMIT”
Introduction and handling process of China Residence Permit:
A foreigner’s residence permit is also called China Residence Permit, and is usually applied by those who come to China for a post or employment. Foreigners who work legally in Shanghai must obtain a foreigner’s work-type residence permit. According to the latest government regulations during the epidemic in July 2021, when hiring foreigners or compatriots from Hong Kong, Macao, and Taiwan, the following procedures should be followed to apply for legal residence permits:
Foreigners can legally work in Shanghai only after obtaining a residence permit (reason: work or talent). The approval of the China Residence Permit is based on the “Law of the People’s Republic of China on Control of the Entry and Exit of Foreigners” and the “Detailed Rules for the Implementation of the Law of the People’s Republic of China Governing the Administration of Entry and Exit of Foreigners”.
The following is included in China Residence Permit:
- Applicant information: full name in English, passport number, and date of birth.
- Workplace information: Place of issue.
- Residence purpose: Work (Class B foreign professionals with work permit) or talent (Class A high-end foreign talents with work permit).
- Visa information: date of issue and expiry date.
- Foreigners who have been employed in Shanghai for more than 3 months shall apply for foreigner’s work permit and residence permit.
- Employed foreigners in Shanghai should be those who are engaged in technology, management, or need special skills, which are necessary for employers due to a lack of suitable candidates in China. Also, the hiring of foreigners for this position does not violate any state regulations.
- The valid period of a work-type residence permit is generally 1–5 years. Applicants can apply for a foreigner’s residence permit for any year, depending on their circumstances.
- According to the latest immigration control law, no company or individual may employ foreign employees who have not obtained work permits and residence permits. Therefore, employers must first apply for foreigners’ work permits and residence permits before employing foreign workers. Foreigners can legally work for employers only after obtaining a work and residence permit.
- A foreigner with a work-type residence permit at company A is only permitted to work for company A. If a foreigner changes jobs to Company B, they must go through the formalities for the change of residence permit immediately. Meshing Consultancy Services Co., Ltd. often encounters some foreigners who feel that their residence permit in Company A has not expired and they have been dragging their feet to change to Company B. This situation is illegal employment. Similarly, if a foreigner finds work while holding a family-type residence permit, they must change their residence permit to a work-type residence permit before starting work.
- If the purpose of residence, passport number, residence address, etc. of the China Residence Permit holder is changed, they must apply to the government for a new residence permit within 10 days.
- The extension of residence permits for foreigners is generally handled 30–90 days in advance, and the processing time is 7 working days.
- A health examination report is required to apply for a China Residence Permit for the first time, but it is not required for subsequent extensions.
- Foreigners must pay attention to the expiry date of their residence permit. If they overstay, they will be fined RMB 500 per day. In severe cases, they are more likely to be deported.
Application materials for China Residence Permit:
- Original passport.
- A copy of the registration form of temporary residence.
- Original foreign employment permit or foreign work permit.
- Three recent white background photos (2 inches, size: 3.3 cm*4.5 cm).
- A copy of the company’s business license.
- A copy of the company’s organization code certificate.
- Original company’s application letter stamped with an official seal.
- Original company’s power of attorney stamped with the official seal.
- An application form for the residence permit.
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