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By Xiaolei Gu
May 17 – The Beijing Public Security Bureau announced the commencement of a three-month campaign beginning May 15 to “clean up” illegally entered/stayed/employed foreigners through its Sina Weibo account in an effort to establish a comprehensive mechanism for managing foreigners in China.
According to the Sina Weibo announcement, the Beijing Public Security Bureau will check key neighborhoods, carry out regular crackdowns in certain areas, and review visa applications more strictly and more carefully. Moreover, the Bureau also encourages public reporting of suspicious cases in the city.
Due to this “hard strike” by the government, it’s important for foreigners to double check their legal status and the current validity of their paperwork. It should be noted that foreign nationals working in China must have the proper approval and documentation. Earning wages in China on an L (“tourist”) visa or an X (“student”) visa is illegal. Below, we provide a brief introduction to the procedures necessary to obtain the proper visas and permits to legally stay and work in China.
According to the Administrative Measures for Employment of Foreigners in China (laobufa [1996] No. 29), employers wishing to employ a foreign national in China need to go to the related Administrative Center for Employment of Foreigners to obtain the Employment License of the People’s Republic of China for Foreigners (hereinafter referred to as “work license”)
Documents required for company work license
- Application form for foreigner’s employment in China
- Employee’s resume (in Chinese, stamped)
- Certificate of employee’s work experience
- Report of reasons of employment
- Proof of capability of the employee
- Employee’s degree certificate
- Other legal documents required by related authorities (foreigner permits application IC card issued by the Labor Bureau; stamped copy of business license; stamped copy of corporate code certificate)
After the employer successfully obtains the license, the employee needs to go to the Chinese Embassy in their home country to obtain a Z visa. The Z visa is only a vehicle to enter China for a limited period of time. Upon arrival, the Z visa holder must then obtain work and residence permits which will allow them to legally work in the country.
Documents required for a Z visa
- Visa application form (with one recent visa photo affixed to the application form)
- Passport
- Invitation letter from the employer
- Work license
Upon entering China, the foreign employee has to go to the entry and exit inspection and quarantine center to do a health check. After the employee obtains the health certificate, the employer has to go to the related Administrative Center for Employment of Foreigners to apply for a work permit. If the foreign employee is hired in China and is required to go back to their home country to apply for a Z visa, the individual is advised to get the health check prior to returning to the home country for the visa application.
Documents required for work permit
- Copy of the employment registration form of foreign employees in China (x2)
- Copy of the work license from the Labor Bureau
- Copy of labor contract
- Valid passport and visa (original)
- Copy of passport and visa
- Copy of health certificate
- 2-inch photo of employee (x3)
- Copy of the registration form of temporary residence
- Employee’s Chinese name
- Foreigner permit application IC card issued by the Labor Bureau
After the issuance of the work permit, the employee shall be able to go to Exit-Entry Administration Bureau of the local public security bureau to apply for their residence permit.
Documents required for residence permit
- Employment registration form of foreign employees in China
- Work permit (original)
- Visa and residence permit application form
- 2-inch photo of employee (x1)
- Original registration form of temporary residence and its copy
- Original passport and visa
- Original health certificate
- Letter of application from the employer with company stamp
- Original business license and a stamped copy
- Original corporate code certificate and a stamped copy
- Certificate of approval of business
After reviewing the application, the Exit-Entry Administration Bureau of the local public security bureau will deliver the passport back to the employee with the residence permit affixed inside.
Related Reading
China Crackdown on Illegal Employment and Visa Overstays by Foreign Nationals
China’s Ex-Expats: Emerging Asia Beckons
When Expats Get Blacklisted in China
China’s Qualification Requirements for Legal Representatives and other Key Positions
ChinaGlare – Has Your China Business Become Too China-Centric?
What if you are alreday have a F Visa, is the process the same for a work permit if a Chinese enterprise offers me a postion within their organization as part of their technical management staff? Do I still have to go back to USA and apply thru China Consulate in USA? Would it be easier if I keep my F visa status and negotiate a consulting contract instead?
Please provide a direct reply to my e-mail at iso9000rv@aol.com.
Kind regards,
Snyder
@Synder – reply sent.
Chris
Just one correction: my girlfriend and I both went through the medical check PRIOR to obtaining the Z-visa. The medical report was part of the requirements for the Z-visa along with employment license, invitation letter, visa form and passport.
Otherwise great article.
Regards
Oliver
I have heard that you actually have to go back to your home country now? Anyone know about this? Or do you just have to apply at the embassy in your home country?
@The Dr. – They keep changing the regulations, but I’m British and didn’t have to return to the UK to obtain my new Z visa when it was reissued two months ago. However I’d check with the Chinese Embassy website in your home country. Slightly different rules apply to different nationalities. – Chris
Hi,
I am from India & employed in china obtaining a Z visa with a Residence permit of one year up to May 2013. I am little bit confused in Entry and Exit of my Z visa, as it shows that i have only one time entry in china, but i need to visit India and come back at least 2 time this year. Do i need to apply for multiple entry visa again or my residence permit will work for my multiple entry and exit?
Hello All
I am an American living in China since 2005, entered with Z Visa and have had my work permit and residence visa issued yearly with No problems. I have a question about what really is the law for a dependent child that was born to a Chinese national. My wife is from China and as mentioned I am USA citizen. We gave birth to a son in 2010. We decided to make him a USA citizen and he nows has a USA passport. In 2011, we wanted to take him back to USA for a visit and it was a real nightmare getting him a 1 time Entry/Exit book that allowed him to leave China. Eventually we successfully got an Entry/Exit book that was issued for 1 exit. Then in 2011, while in USA, we went to the Chinese Embassy in Wash DC and they issued a “Z” visia in his passport. When we returned back to Shan Xi Prov, reluctantly they issued him a 1-year residence visa, piggy-backing on mine………they told me that the China Embassy in USA should have not issued him a “Z” visa. So for year 2011 till now……it was No problem. But now it is time to do the yearly renewal, I have again successfully again been given a 1-year residence visa, but now they are refusing to re- issue a 1-year residence visa for my son. Does anyone know the real standard based on the law for this situation?? My son not being issued a visa, again gives me the complication of freely being able to enter and exit China. Again needing to progress the Entry/Exit book………..which for me and based on my wifes Hu Kou location is really not convenient. Any experienced comments would be of great help………..Thanks………Steve
my class will start in 25 feb 2013 for chinese languege program in shanghai and they want send me offer letter and jw202 form and all document in november (this week) and i will take X-visa from malaysia but im from iran…. and i want to know if i come in 20 november to shanghai to go to see universities for next year and find my home and start my life it might be a problem to change my visa to residence permite ( beacause my class will start in feb2013 ) or not ?
thank you
A question – I would be landing in China in few weeks on Z visa. I already have a friend of mine who stays there.
Can I stay in his apartment till my resident permit is done by my employer? Or I need to stay in a guest house/hotel during the process? Actually the hotels seem to be expensive and I don’t know how many days the process goes.
You can stay in his apartment but you must register with the local PSB within 24 hours of arriving there. – Chris
Hi
I am a Sri Lankan Citizen., and I am a 50 share hold partner in a Honkong Company,
and my Factory is Located in China., I need to stay in china and HK for long time – to Run my business, Please guide me to get a Long stay Visa.
thanks
Sriyantha
Hi,
I’ve gone through all these steps and now have a work permit. However I had to leave China before being able to get a residence permit.
What type of visa do I need to simply get back into China so I can go get my residence permit?
Thanks so much!
Dana
I am form India, staying in Shanghai, holding Z category visa(residence permit). Can i travel to Hongkong with my Z category residence permit ? Or do i need to take a separate Visa to travel to Hongkong ?
Could some help to answer this ?
Thanks in advance
Regards
Prasanna
I am planning to travel to Shanghai to open an individual own company! If any body have information on documents required for that, please send. I will be travelling on a single entry visit visa.
Hi Guys;
Requirements for Sri Lankans visa for China & Hong Kong:
http://www.travelchinaguide.com/embassy/srilanka.htm
Requirements for Indians visa for China & Hong Kong: http://mumbai.chineseconsulate.org/eng/lsyw/visa/t180027.htm
Complimentary “Doing Business In China” guides:
http://www.asiabriefing.com/store/category/partners-publications
Best wishes
Chris
Hi there,
What if I have already got a “L” Visa and I am currently dwelling in China. Is the process the same for a work permit if a Chinese enterprise offers me a postion within their organization? Do I still have to go back to Australia and apply through China Consulate in Australia? If not, can I apply in China or Hongkong?
Warm regards,
JI
Hi Chris
I am a UK citizen being sent over by my company to work and represent my company in Shanghai. We currently use an agency in China to conduct our business there. I will be working out of the office of our agents in China, but will still be employed by my company. Our agents will be arranging the letter of invitation and work license out for me, but will this cause problems as they will not be directly employing me? Will I need to take a health check in the UK before applying for the Z visa, or will i take it once i arrive in China and i arrange my work and residents permit?
Any help would be greatly appreciated as i need to get the process started?
Thanks and regards
Tim
Hi Chris,
The BAIC (Beijing Administration for Industry and Commerce) has verbally put up the requirement that the copy of the first page of original passport is required attested by the Chinese Consulate in Pakistan. Even after numerous requests they are not giving this requirement in writing or in policy, so we are unable to get the visa issued on just verbal objection without any official or policy reason.
Nevertheless, to comply with the BAIC request we approached the Chinese consulate in Karachi for the attestation and we were told that they will only attest the documents that have been attested by the Ministry of Foreign Affairs Pakistan.
To get the said document attested we approached the Ministry of Foreign Affairs Pakistan but we were told that the Ministry does not attest the copy of Passport as per the Government directive. However, the ministry provides an Affidavit (Legal document) verifying the passport particulars mentioning on it that the passport particulars are true. Although previously accepted by BAIC, now this affidavit is not being accepted at BAIC and they ask for the attested copy of Passport.
Please advice what to do.
Basically we are trying to get employment visa “Z”
Hello All,
Does any of you know, Is it possible to convert X (Student) visa into Z (Work) visa without leaving Mainland?
What I found is they both are quite similar, like an entrance ticket to China and then requires resident permit to stay in Mainland.
So, is it possible to request to change the purpose of staying (may be at entry-exit bureau!!) in China without leaving China?
Thanks!
@Jigar – the Chinese authorities are somewhat inflexible when it comes to such matters and regrettably you cannot “upgrade” a student visa to a work visa while remaining in China. In fact even the granting of work visas to foreign nationals is now only done when the indivudual can show a minimum of two years work experience. Yes, I also think it is an unnecessary hurdle but that’s how it is. – Chris
does anybody know if they are company which facilitate the obtaining of the working visa in china? i heard a lot about ” umbrella company” , who normally is in charge of all the staff management! Is it a sure and a secure way?
regards
Dear Chris,
I have a student visa (residence permit) and now I have the opportunity to work part-time (once a week max) for a US-company from distance within China. I would have to go to companies based in China (mostly foreign) and give a 1-hour presentation about this US-based company. Can I do this with my student visa? If not, how could I combine this job with a study in China in a 100% legal way?
Looking forward to your reply! Thanks!
@Nana, strictly speaking you cannot work while in China on a student visa. But on a purely practical basis I suggest that what I presume will be a small cash in hand payment for an hours work a week I don’t think this is likely to raise any red flags. But is it bending the law? Yes. Do I think anyone will notice? No.
That’s the best I can suggest under the circumstances. – Chris
Im from Indonesia. If the employer in China had confirmed my position in the company. Is that any minimum education qualification required by the government to approve my working visa ?
@Audrey; Yes, there can be. They typically want expat employees to have University degrees and a minimum two years work experience. It is not always enforced, but can be. No, I don’t agree with these restrictions and am reguarly bringing them up with my various Government meetings with pertinent officials. But there could be an issue there. It depends. – Chris
Hello all,
I’m currently applying for a Z visa and my employer told me that I have to fly out from my home country when flying to China on a Z visa. I called the Chinese Embassy here and they said that’s not the case. I was wondering if anyone have had a similar experience and if they agree that it doesn’t matter where you are flying from, the visa is for the border control agent regardless of point of origin.
@Marco – Someone from one of our Dezan Shira & Assocoates offices will be in touch with you directly about this.
Best regards; Chris
Hello,
I’m from the US, and I have been married to a Chinese woman, and living in China, for the past 4 years. It is through her that I have been renewing my residents permit. The Chinese company that I work for had accepted my permit saying it allowed me to work part-time. The other day I was told that I must to go back to the US and apply for a Z-visa. Problem: They also said I must show a university degree when I apply for the Z-visa, I don’t have one. I only have a TEOFL certificate from a 1 month course in Zhuhai. Seriousness of the problem: I have a Chinese wife and 3 year old son, and a mortgage on our apartment. Is there a way I can obtain a Z-visa and not risk being denied re-entry? Is there a loop-hole that will let me work legally because of my marriage?
Thank you for your advice/suggestions
@Troy – we will answer this directly, but no, the Chinese authorities and immigration department will not force you to part from your family. You have a situation whereby one of the bureau you are dealing with do not understand your rights as married to a Chinese national and with a dependent here. We will get back to you personally. – Chris
My employer has not paid tax on my behalf and as left me with the responsibility. If I dont pay tax, would this prevent me from getting another Z visa in the future?
Hi,
Could you help me with a quick question please?! If i am applying for teaching work via an agency in China, do i need to send my passport details from this end to the agency in order to acquire the Z visa? I am slightly paranoid about giving to many details over the net etc.
Regards.
Nathan
Yes Nathan you need to provide such details as to work in China you need a work visa. In order to process that they will require your details. – Chris
@Mike – it is your responsibility to pay Individual Income Tax in China, not your employers. You need to get that sorted out and it is unclear from your comment exactly what your situation actually is. If you email us at tax@dezshira.com we’ll have someone assist you with what happened and try and get it cleared up. Otherwise, yes, non-payment of tax can affect your ability to obtain another work visa. – Chris
Dear Chris,
Thank you very much for your reply!
If I get a work visa now, can I still be enrolled as a student (i.e. live in the university’s dorm)? Or would that mean that I have to move out, de-enroll etc.?
Looking forward to hearing from you!
Thanks,
Nana
@Nana – You can’t hold two visas – ie: a work visa AND a student visa. But if the University allow you to live in their dorm then that is a private matter you need to discuss with them. Where you sleep is not impactable upon your visa status.
Chris
Thank you for the practical advice! I’d like to ask about is it mandatory to return to one’s home country to apply for a “Z” visa, will not traveling to Hong Kong work out? It seems like both sides of the table (employers and visa agencies) are countradicting each other. I’m a US citizen holding an “F” visa. Any insights will be most apperciated!
hi there,
our company is in uk and we sell equipment to China. We need send some engineers to China to install and commission the equipment. so where can our engineer get the working license? in China or here uk?
also we have a chinese office in China, but running independently. is it easy if they produce the invitation letter or better get it from the Chinese buyer company.
thanks
@Jessica; you have to be very careful not to trigger what is called “permanent establishment” status in China, in case you could be ‘deemed’ to have a presence there and subject to corporate income tax and the staff to individual income tax in China. As long as they are only installing the equipment you should be ok but as long as it is restricted to that and they are in the country only a short time. The ideal solution to getting them visas would be to ask your Chinese company to deal with it.
You should read this article about triggering PE in China: http://www.china-briefing.com/news/2013/01/28/triggering-china-permanent-establishment-status-for-short-term-expatriate-employees.html
If you need further assistance please let us know.
Best regards;
Chris
@Douglas: Hong Kong won’t issue you with a Z visa. You need to get it in your home country and issued by the Chinese Embassy there. – Chris
Hi chris,I’m a Nigerian with the intention of living and working in China some day.I would like to know the method of application for ‘ z visa and conditions accompanying this category.
Hi chris ,
i had R.O office since 2009 and now i am offered to work for the chinese company in another city of china.
1.My question is do i need to go back to my country where as i already have alien employment work permit.
2.Do i need to cancel my previous alien permit before i apply new one to new company.?
3.The documents attested by chinese embassy in my country like marriage certificates , brith certificates , has any expiry or validity date? as i see the physical docs it just show issue date but never write anything on expiry date.
4. In the labour dept. what kind of cancellation i shud apply 1. migration 2. transfer 3.cancel permit ?
regards
bobby
@Bobby, thanks for your question. As follows:
1) You may be able to negotiate this, but generally yes you need to return.
2) Yes
3) Generally they are given 12 months validity if attested, then these need to be attested again.
4) Cancellation
Best wishes
Chris
It is time china takes this new step to clean up some foreigners who are absusing
the VISA system.
Chris – thank you for being a very helpful resource! My question – can a company registered in Hangzhou provide me a Z visa if I am living and working in Shanghai?
Yes. If you have any issues with this let us know: payroll@dezshira.com
- Chris
I am a student in china. will graduate in june but i already have a job offer. my current visa is x but i need a z. i know that i must have at least 2 years experience outside china or so i was told by someone. i need to know if its still possible for me to obtain the z visa. and does it apply to my case since i am already in china.
If there is a way pls help me with the process
@Oscar: It can be difficult to get a work visa straight after graduating, some cities are stricter than others and insist on the two year rule. However we’ve found that it is not applied consistantly throughout China. So I guess it depends. I view it as an unnecessary barrier to talented young but inexperienced executives who want to be in China to be honest, but if you can’t get such a visa you’ll have to gain two years work experience back home I’m afraid. But whether you can get that or not is location specific. – Chris
@Chijioke sorry for the delay in replying. The requirements and documents for applying for a “Z” Visa are listed in the original article above, you’ll need to follow those instructions. – Chris
Hi Mr. Chris. Your post really helps a lot. I have a job offer in Wuxi China and need to be there on Agust 2013. I have read the requirements for a Z visa. I just would like to know if you have any idea how long will it take to process the application for Z visa? I am currently here in El Salvador and will be in the Philippines on June 2013. But I could only start applying for the visa on July. And also, would you share some information on how to get a visa and what type of visa is needed for my 8-year old son. I will bring him with me in China on August 2013. He will be studying in China.
Your advise will be greatly appreciated. Thank you and God bless!
@Mye; You need to apply for the visa in advance, and obtain a dependents visa for your son. I suggest you google the Chinese Embassy in your own country as they will usually have full visa application details on their website and contact numbers of their visa office in your own country to discuss the details with. Best wishes – Chris
Hi Chris,
I found your responses greatly informative and am hoping you might have a solution to my situation:
My boyfriend and I work for the same company and have requested to transfer to Shanghai. He has received a job offer and is eligible for a Z visa. However, given that I graduated in May 2012, I have only 1 year of post-grad full time work experience (though I an additional year of relevant full time experience pre graduation) and am therefore ineligible for the Z visa.
My boyfriend and I are planning to get married within the year. If we were to get married sooner than planned would I be eligible for the Z visa once I have the marriage certificate?
I am a US citizen and my boyfriend is a UK citizen (not sure if that is relevant).
Thank you!
Hi Shay – Congratulations! Yes, you can have a spousal visa. But the catch is that wives using spousal visas can’t work. So to be together you can get married and be with him legally in China under a spousal visa, and then when you’ve completed that two years (which I think is a ridiculous rule) you can change your spousal visa and apply for a work visa as normal. So it looks as if you have to be a housewife for 12 months. But at least you can remain together in China.