Provisions for Applying for Foreigner Employment Permit in Beijing

2014-07-15 11:13:28

    The submittals required for applying for foreigner employment permit are not the same as those for Chinese employment permit. The differences are shown in detail as below: 

    The affairs concerning applying for foreigner employment permit by enterprises
    The employer shall apply for the Foreigner Employment Permit before the foreigner to be employed enters China.

I.The following submittals required for the enterprise to apply for foreigner employment permit:
    The duplicate (the original copy and photocopy) of the license of the business corporation, photocopies of the approved certificates, articles of the association, joint venture contract (in case of a joint venture or cooperative enterprise); 
    Written application for employing foreigner (with the reasons for employment and the post shown in detail, and the stamp of the employer affixed);
    Intention or agreement of the enterprise for employing foreigner (with the decision of the board of directors if the foreigner is proposed to take the post of Vice General or above); 
    The Chinese resume and occupational qualification certificate (the photocopy of the academic certificate or professional skill qualification certificate) and the photocopy of the passport of the foreigner to be employed (the bachelor degree and over two years of related working experience are required);
    The health certificate (the photocopy) recently issued by a competent medical establishment;
    One copy of Application Form for Foreigner Employment Permit (stamped by the applicant enterprise), attached with one 2-in. recent identification photo.
    Notes: the original copy and photocopy of the social insurance registration certificate shall also be presented if a domestic-funded enterprise intends to employ foreigner (s). 
    The foreigner law firm or the domestic law firm intending to employ foreigner or Taiwan, Hong Kong and Macao resident shall carry the forgoing valid submittals to apply for the employment permit by virtue of the valid certificate issued and stamped by the competent municipal judicial bureau. 
    Time for the application: 10 workdays.

II.The following submittals are required for applying for employment for the foreigner that has entered China
    The foreigner employment permit (the original copy);
    The health certificate of the very foreigner issued or confirmed by Beijing Entry-Exit Inspection and Quarantine Bureau; 
    The photocopy of the duplicate of the license of the business corporation, and the Labor Contract by and between the employer and the employed foreigner (the photocopy);
    The original copy and photocopy of the valid passport;
    One copy of the Registration Form of Foreigner Employment (stamped by the applicant enterprise), and two 2-in. recent identification photos.  
    Time for the application: 5 workdays.

III. Application for resident permit
    Application for one-year resident permit 
    The foreigners employed to coming to Beijing to be employed by enterprises in the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, state-owned enterprises, and/or representative offices in Beijing; the foreign experts coming to Beijing to obtain employment; the foreign reports of the report office stationing in Beijing, and the spouses, parents and minor children thereof shall hold a “Z” visa to enter China, and the foreign students shall hold a “X” visa to enter China. The forgoing persons shall apply to the exit-entry administration of the municipal public security for resident permit within 30 days after entry, with related questions answered and the following related evidences provided: 
    The valid passport and visa of the associated person.
    The accommodation certificate issued by the local police station in the place where the foreigner lives.
    The correctly filled Application Form for Foreigner Visa and Resident Permit with the stamp of the employer and one 2-in.recent bareheaded half-length light-blue-background photo showing the full faces. 
    The foreigner of over 18 full years old shall submit the original copy of the Health Certificate issued by the competent entry-exit inspection and quarantine bureau for the first application of resident permit.  
    The accompanying family members shall submit the official introduction letter from the employer, the spouses shall submit the marriage certificates, and parents or children shall submit the relative-relationship certificate.
    The foreign employees of the enterprises in the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, state-owned enterprises, and the foreign experts coming to Beijing to obtain employment shall submit additionally the Foreigner Employment Permit signed and issued by Beijing Labor and Social Security Bureau, or the original copy and photocopy of the Foreign Expert Certificate signed and issued by State Administration of Foreign Experts Affairs, the P.R. C. or Foreign Affairs Office of Beijing Municipal People’s Government.The foreign employees of the enterprises in the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, and state-owned enterprises shall also submit the original copy and photocopy of the duplicate of the Business License annually inspected.
    The foreign reports of the report office stationing in Beijing shall additionally submit the Press Card.
    The foreign students shall additionally submit the Letter of Admission showing the studying period and attached with an official letter from the school; the foreign students entering China with a L or F visa shall additionally submit JW201 table or JW202 table; and the foreign students without a common passport shall replace their passports with a common passport and submit the documents of giving up their diplomatic privileges and exemptions. 
    Foreign workers and their accompanying family members may apply for a 1-year resident permit, and foreign students may apply for a resident permit with a valid period equivalent to their studying period in Beijing. If the studying period shown by the official letter is different from the studying period shown by the Letter of   Admission from the school, the studying period shall be subjected to the final interpretation of the school. However, the valid period of the resident permits of the forgoing foreigners must not exceed the valid period of their passports. 
    Application for 2-5 years resident permit
    Foreign employees or high-level talents, and investors of the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, and state-owned enterprises， and the overseas students returning home with a foreign nationality, and the spouse, parents or minor children thereof may apply for long-term resident permit.

(i). Personnel definition range: 
    1. The corporate representatives, foreign senior executives (refer to foreign directors, general managers and vice general managers), and professional technicians (refer to foreign chief accountants, chief economists, and chief engineers) of the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, and state-owned enterprises.
    2. The high-level talents, and investors include:
    (1) The senior consultants invited (employed) by the provincial (ministerial) state organs, and the hi-tech and senior management talents for implementing the state-level or provincial (ministerial) scientific and technological cooperative projects, key project agreements, and the talent exchange projects by and between Beijing City and foreign countries.  
    (2) The persons making a great contribution to the economic and cultural development of China or Beijing, and those performing the non-reimbursable assistance agreements by and among/between governments. 
    (3) The academic and scientific research leaders employed by state-level or provincial (ministerial) scientific establishments and/or key universities, and the academic and scientific research backbones with the title of vice professor, vice researcher or above or ranking pari passu employed by related organizations.
    (4) The senior managers or key professional technicians holding the post of vice general manager or above or ranking pari passu in an enterprise or institution. 
    (5) The persons investing over USD 3 million in Beijing, and the managers and professional technicians meeting the forgoing requirements from a foreign enterprise or other economic organization.
    (6) The Chinese winners of important international scientific awards with a foreign nationality, and other outstanding and influential Chinese people with a foreign nationality.
    3. The hi-tech and senior managers of the overseas students returning home employed in Beijing.

(ii). The forgoing persons shall answer the related questions and submit the following evidences when applying for a resident permit:
    1.The valid passport and visa of the associated person. 
    2.The accommodation certificate issued by the local police station in the place where the foreigner lives.
    3.The correctly filled Application Form for Foreigner Visa and Resident Permit with the stamp of the employer (enterprises in the three forms) and one 2-in.recent bareheaded half-length light-blue-background photo showing the full faces.
    4.The foreigner of over 18 full years old shall submit the original copy of the Health Certificate issued by the competent entry-exit inspection and quarantine bureau for the first application of resident permit. 
    5.The accompanying family members shall submit the official introduction letter from the employer, the spouses shall submit the marriage certificates, and parents or children shall submit the relative-relationship certificate.
    6.The foreign employees, high-level talents and investors of the enterprises in the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, state-owned enterprises shall submit the Foreigner Employment Permit signed and issued by Beijing Labor and Social Security Bureau, or the original copy and photocopy of the Foreign Expert Certificate signed and issued by State Administration of Foreign Experts Affairs, the P.R.C. or Foreign Affairs Office of Beijing Municipal People’s Government.
    7.The returning overseas students with a foreign nationality employed in Beijing shall submit the original copy and photocopy of the Beijing Returning Overseas Work and Resident Permit, or the official introduction letter from the International Exchange and Cooperation Division of the Ministry of Education or from the Professional Technician Management Division of the Ministry of Personnel.
    8.The foreign employees, returning overseas students and investors of the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, and state-owned enterprises shall additionally submit the original copy and photocopy of the duplicate of the Business License annually inspected.
    9.Investors, the corporate representatives, senior managers (including foreign directors, general managers and vice general managers) and professional technicians (including foreign chief accountants, chief economists, chief engineers and engineering technicians) entering China by “L” (travel and visiting relative) or “F” (visiting) visa shall additionally submit the original copy and photocopy of the certification signed by the associated enterprise to apply for a resident permit.  
    10. High-level talents shall submit additionally the official introduction letter from the Class I authorized organization.

(iii) Valid period of resident permit
    The corporate representatives, senior managers (refer to foreign directors, general managers and vice general managers) and professional technicians (refer to foreign chief accountants, chief economists, and chief engineers) of the enterprises in the three forms of Sino-joint venture, cooperative business and exclusively foreign-owned enterprises in China, domestic-funded enterprises, and state-owned enterprises may apply for a resident permit with a valid period within 2 years; the investors and high-level talents may apply for a resident with a valid period ranging from 2 to 5 years; and returning overseas students may apply for a resident permit with a valid period of no longer than 5 years at most. The valid period of the resident permits of the forgoing foreigners must not exceed the valid period of their passports.