If you overstay in China , you will be given … The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Due to the impact of the COVID-19 outbreak, the work permit renewal process is now available online via a newly-introduced ‘commitment system’ whereby the applicant makes a written letter by the Chinese company that all the information and documents submitted is real and the company would like to take responsibility in the event that is not the case. If the employment between the company and the foreign employees has been terminated, the employer is obliged to cancel the work permit and residence permit for the foreign employees, according to the Administrative License Law of the People’s Republic of China and Article 41 under the Exit and Entry Administration Law of the People’s Republic of China, which reads, “Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations.”. Foreigner residence permit – This is good for a year and you can renew it annually. From an HR perspective, it is important for the employer and employee to review the work and residence permit and be clear about the exact date in which they will expire. Holders of this Family Visit Visa/Residence Permit are not allowed to work in China. Entry into China Has been Temporarily Suspended for Chinese Visa/Residence Permits Holders from UK, France, Russia, Belgium, Philippines, India, Ukraine and Bangladesh. A residence permit, on the other hand, gives foreigners the right to live in China and can be obtained by transferring the visa into the permit. For companies that have foreign employees stuck outside of China, it is necessary to consider the situation from a legal, HR, and tax perspective. It is the standard being issued for most foreigners who work in China. As the travel restrictions have left many foreign employees stranded, companies are being required to decide on how to handle the status of the employment of their foreign employees, choosing either to: If the employment with the Chinese company continues (even in the case of a suspension of the labor relationship), the work permit and residence permit will be valid for foreign employees who return to China to work after the travel restriction are lifted by Ministry of Foreign Affairs of the People’s Republic of China. The permanent residence of foreigners in China refers to that the period of foreigners' stay here is not limited. 3. Foreigners who have made outstanding contributions to China's economic and social development or meet other permanent residence conditions in China shall obtain permanent residence qualification upon their own application and approval by the Ministry of Public Security. Once you obtain a China residence permit, usually you don’t need to queue at the immigration counters. This allows you to enter and begin the process of obtaining a Temporary Residence Permit, usually for up to 5 years – depending on the contract or course length. How to Pay Your Foreign Employees Out of China? ... You should print the registration form of temporary residence. If you live in a hotel in China, the … I want to leave China when my temporary residence permit expires I have a temporary residence permit until 22nd of February 2018. In our experience, some of the issues that will typically surface are: In response to these issues, we have created a 3-part series answering some important questions: In this article, we will start by addressing the first question in the series: How to handle your foreign employee’s work and residence permit? Observers said the permit has led to instability and unsettlement and that the temporary residence registry system is no longer suitable for today's situation. Temporary residence permit – It is for the people who will be in China for less than a year but longer than six months, like someone who is doing on-the-job training. How Maternity & Marriage Leave in China Works, Guidelines When Planning Internships in China, How to Manage Employee Retention in China, Allowing China Industries for Foreign Investment, Original copy of alien employment license, Valid passport or travel document, copies of bio page, info page, and passport number, A filled-out foreigner and resident visa permit application form, and a 2 x ½ ID photo, Original certificate of your check-in information issued by the hotel or a police substation of where you are staying, Certificate of Approval of Enterprise, Duplicate of Business License (original and a copy of each), Those who are in the general management must submit their original Employment Credential and Employment registration form, Vice president must comply in submitting the Identity Confirmation Certificate from the Shanghai Foreign Economic Relations and Trade Commission, Expert Certificate original copy from the foreign expert, Press Card from the resident correspondent, If involved in theatrical performance, then submit an original official document that the Ministry of Culture or Shanghai Cultural Bureau approves it; Performance Credential from the Shanghai Cultural Bureau, The one who is engaged in offshore operations of petroleum must submit a work permit for the Foreign Personnel Engaged in the operations. Answered by Nidia Nel from China | Nov. 11, 2015 02:53. However, where this is not the case, employees will bear a significant risk of not being able to enter back into China immediately, following the ban lift, as a new work permit and residence permit will need to be applied for. The China residence permit is necessary for all foreigners who wish to live in China and do not want to fly out every 30, 60 or 90 days. What to do if the work permit has expired or will expire soon? Your professional services advisor can help you with preparing your legal documents, such as suspension agreement, termination agreement, resignation letter, salary restructuring/adjustment agreement, work permit and residence permit applications, or other amendments to the labor contract as per the option selected by the client. Temporary residence permits are valid for 6-12 months. How to reassess employee’s salary package? They are the standard residence permits issued to the majority of foreigners working in China. The moment you enter China with your visa you have to register in 24 hours at the local police station. Interim Residence Permit Application. Normally, the work permit and residence permit will be valid for one year and the renewal application of work permit should be submitted to the decision-making authority – 30 days or more before the expiration date of the foreign employees’ work permit. 2. Residents must purchase and display a residential parking permit for each vehicle that may be parked on the street in a residential zone. The processing time for the offline work permit application is … The work permit of an employee is conditional when they are hired by a company. For those foreign employees who are stuck outside China, the application can be scanned and uploaded online, in order to complete the necessary process to obtain the work permit and residence permit renewal or cancellation application. Since March 28, 2020, China has suspended the entry of most foreign nationals, citing the temporary measure as a response to the rapid spread of COVID-19 across the world. For multiple entry visa China holders, most likely there’d be an automatic clearance at the immigration (international airports, cruise terminals, etc. China Briefing is written and produced by Dezan Shira & Associates. Otherwise, there will have a warning and penalty. The correct document name is “Registration Form of Temporary Residence”. Q2 is flexible from 30 to 180 days, allowing single, double, or multiple entries, and the holders can stay in China for the duration as indicated on visa. It must be the physical exam they administer at the DMV. 1. While a residence permit allows foreigners to have residency in China, and they can obtain this by applying the visa to their permit. Foreigners are in China Preparation of a set of documents There are strict rules when it comes to hiring these employees. No problem will happen. We also maintain offices assisting foreign investors in Vietnam, Indonesia, Singapore, The Philippines, Malaysia, and Thailand in addition to our practices in India and Russia and our trade research facilities along the Belt & Road Initiative. Foreign employees in China are required to hold a valid working permit and residence permit during the course of their employment. A temporary residence permit is usually provided to individuals who do not plan to stay in China for long, such as a visiting scholar or someone who is coming to the country for vocational training. For the companies with foreign employees that are outside China, you must consider the situation from a legal perspective, how an HR would see it, and how it also affects your taxes. If you are staying in a hotel or service apartment, the reception will automatically ask for your passport for registration. Foreigner Residence Permits are normally valid for one year and are renewable annually. Holders of long-term visas (Z, D, X1, S1, J1, Q1) also need to acquire a temporary Chinese Residence Permit within 30 days of their arrival in China. China Residence Permits are issued for foreigners who want to work, study, or have family member in China.. This means that foreigners who hold the following visas are currently not allowed to enter the country: Due to these new travel restrictions, which so far have presented no expiration date, many foreign nationals who hold a residence permit in China for working purposes are stuck outside of China during this time. Relocate the foreign employees from China to the headquarter office and terminate the contract in China. Businesses across China were disrupted early this year due to the novel Covid-19 outbreak. How Handle Your Foreign Employee’s Work and Residence Permit in China? If you are on a student visa, work visa, or family/dependent visa, you will apply for a residence permit. On November 4 and 5, Chinese Embassy in UK, France, Russia, Belgium, Philippines, India, Ukraine and Bangladesh have announced that, non-Chinese nationals’ entry into … Other options to staying longer in China: Get a work permit, study permit, or a spouse visa to someone who has a residence permit or a Chinese citizenship. Doing Business in China 2020 is designed to introduce the fundamentals of investing in China. How to Get a Temporary China Driving License and grow their operations. Keep the labor relationship with the foreign employees and allow them to work remotely; Suspend the labor relationship with the foreign employees and reactivate the labor relationship once they come back to China; or. "Chinese law requires overseas personnel staying more then 24 hours to register for temporary residence, unless they are staying in a hotel. Our subscription service offers regular regulatory updates, Businesses must ask their professional local services advise to guide them on the legal HR and statutory procedures in every situation. Based on this, various scenarios should be worked through to determine the employment structure that works best for both parties. In China, all foreigners are required by law to register for a temporary residence permit. An employee’s work permit is conditional upon their employment with the company in China. The Chinese government is welcoming to foreign investors and workers. Registering immediately will be a key factor in all future visa application. Foreign employees in China are required to hold a valid working permit and residence permit during the course of their employment. Temporary residence permits have long been held by hundreds of millions of Chinese migrant workers, who have to apply for the permit before formally living and working in a new city. Vehicles failing to display the proper residential zone permit are subject to a $60.00 ticket. 4. Previous Article « How to Legally Reduce Labor Costs in China During the Coronavirus Outbreak, Next Article A Guide to Minimum Wages in China in 2020 ». Sample: Registration Form of Temporary Residence issued by Shenyang Police Within 24 hours of arriving in China, all foreigners must be registered at the local police station near their residence (hotel or apartment). Residence Permit – Required Documents Registration Form of Temporary Residence – Register your residence at a police station – *tip* if you have stayed at a hotel in Shanghai, then re-register at the police station that is in charge of your residential address. How to calculate tax liability and social insurance contributions during this time? It has infected 74,279 people on Feb 19, 2020, with over 1,000 cases outside mainland China. In addition, a lot of foreign companies prefer their employees to be from their headquarters or any of their existing business structure. Please contact the firm for assistance in China at china@dezshira.com.Â. Thank you very much. Visa-Z Go to the Chinese Embassy for temporary work Visa Z Usually a work visa is a single entry, the duration of stay in it is 000, which means that the duration is determined by the temporary residence permit that you receive after entering to China. Stay Ahead of the curve in Emerging Asia. Businesses should consult their local professional services advisor for guidance on the statutory legal and HR procedures under each situation. If you are an employer in China, then you must understand the labour and immigration laws that are related to this. Similar to the renewal process, the cancellation process can now also be completed entirely online and will generally take 3-4 weeks to process. While in China, please take your passport or residence permit with you at all times in case of a police inspection. An employee’s work permit is conditional upon their employment with the company in China. Many companies are now grappling with new HR, legal, and tax uncertainties that have arisen within their foreign employment relationship in the context of these new travel restrictions. However, due to the travel restrictions that have been put into place, some work and residence permits will expire before the permit holder will be able to return and reapply, causing issues with the return of employees once the restrictions are lifted. Port visa (including various visa-free transit policies). As for foreigners that have a residence visa/permit expiring while they’re outside of China, contact and consult the nearest Chinese consulate/embassy for solutions. According to official laws and regulations, all foreigners visiting or living in China must make temporary residence/accommodation registration within 24 hours upon arrival. ). d. applicant visiting Taiwan residents shall provide valid Mainland Travel Permit for Taiwan Residents or Travel Document of People's Republic of China, and a Registration Form of Temporary Residence with validity of over 6 months or Resident Permit For Taiwan Residentsissued by a local police station. To establish residency in Illinois, you'll need to complete a number of tasks. Our HR and payroll services help foreign employers stay competitive, Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to email this to a friend (Opens in new window), China’s Travel Restrictions due to COVID-19: An Explainer, China After COVID-19: How Foreign Companies Can Leverage Key IT Solutions, China’s Social Credit System: COVID-19 Triggers Some Exemptions, Obligations for Businesses, How to Legally Reduce Labor Costs in China During the Coronavirus Outbreak, A Guide to Minimum Wages in China in 2020, Dezan Shira & Associates' Service Brochure, Operating Your China Business During a Crisis and Contagious Disease Outbreaks, Human Resources and Payroll in China 2019-2020, An Introduction to Doing Business in China 2020, How to Handle Your Foreign Employee’s Work and Residence Permit: China’s COVID-19 Travel Ban Series. 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