INTRODUCTION

The work permit is an important document for foreigners who want to work in China. It must be obtained before they can start working. Because your work permit is related to your employment, you must first cancel your work permit with your prior employer before filing for a new work permit with your new company.

This "transfer" of an existing work permit from one company to another takes about 4-6 weeks on average, while some applications can take up to 12 weeks.

WHAT IS A WORK PERMIT IN CHINA?

Foreign individuals entering China are only permitted to work on Chinese soil after acquiring a work permit and a foreigner's living permit.

In China, there are two types of work visas: the Z Visa (Work) and the R Visa (Residence) (High-level Talent). Each has its own set of requirements and is issued based on the applicant's qualifications and the sort of job he or she would be doing in China.

HOW DO YOU GET YOUR WORK PERMIT TRANSFERRED?

The actions to take in order to transfer your work permit are as follows:

STEP 1: Submit your resignation.

Resigning from your previous employer can take anything from a week (if you quit during your probation term) to a month (if you don't leave within your probation period). Keep in mind that if you voluntarily quit, you will not be entitled to severance money, which is required if you are laid off.

Coordinating between the two companies HR representative is a good idea.  The dates on the release letter and the new job contract will have to be coordinated. If the dates are incorrect, the government may become involved, which no one wants.

STEP 2: Get your work permit revoked.

Your former employer will require you to sign an "APPLICATION FORM FOR CANCELLATION OF FOREIGNER'S WORK PERMIT" resignation form. You must also sign a form titled "MEMORANDUM OF LABOR RELATIONS," which essentially indicates that you are no longer employed by firm A. Both documents must be signed and stamped in person, which means you'll have to either visit your previous firm or have them delivered there once you sign them.

Following that, the first document will be submitted for approval (yes, the government has to approve your work permit cancellation). You will be requested to transmit your work permit to the Entry-Exit Administration Service Centre for "deprogramming" after they have accepted your cancellation. This procedure will take no more than five days at most, but will seem much longer because you are no longer legally permitted to work in China.

STEP 3: Getting your release letter.

After your work permit has been deprogrammed, the government will send your previous firm a release letter, or more precisely, a "FOREIGNER'S WORK PERMIT CANCELLATION CERTIFICATE." Because you require this letter, if your relationship with your previous employer is strained, now is the period when they can hold your release letter hostage. If that's not the case, your new employer's human resources department will accept this letter (clearly signed and stamped, not a copy) and begin the process of (re)applying for a new work visa.

STEP 4: Applying for a work permit (again).

Reapplying for a work permit with a release letter is nearly equivalent to application for one for the first time (albeit slightly more simplified). It all starts with an online application, which will most likely be handled by your new company's HR department. You may be requested to submit digital copies of your previous health check report, or even complete a fresh test, as well as your old legalized and notarized academic degree and criminal background check. You'll very certainly be required to produce a new passport photo as well.

In fact, however, the transfer procedure takes much longer, especially if the authorities demand the applicant to present extra documents. Extraneous considerations, such as the number of applications the bureau must process, can also alter the timeline.

WHAT ARE THE OTHER SITUATIONS YOU CAN GET INTO WHILE TRANSFERRING YOUR WORK PERMIT?

There are a few situations other than the ones mentioned above in which you can be in and this is how you can deal with them:

Extra scope/industry transfer

If you have progressed inside the organisation where you were employed, it is always preferable to change jobs before transferring your work permit.

However, keep in mind that SAFEA may refuse to transfer personnel within 180 days of their work progression.

Some SAFEA will prohibit a work permit transfer if the job title changes, while others may need a letter from a former employer attesting to two years of experience.

Make sure you have all of the necessary credentials and certifications for your new career, especially if you're changing not just your job title but also your field. SAFEA may request additional degrees or certifications.

Both permits cancelled

After your residence permit has been revoked, you can apply for a 30-day humanitarian visa (which can be extended in rare circumstances).

Some persons may not need to leave China in order to apply for a (Z) Work Visa because of the type of work permit they have (A) or because they live in certain cities (Beijing, Shanghai, Guangzhou).

Unfortunately, in most cases, you will have to wait and apply for a new work visa (Z) from scratch in order to return and apply for a work permit.

Reluctant employers

Direct conflict should always be avoided in favor of a calm settlement with your employer.

If you are in your right and plan to contact a lawyer or the authorities, don't threaten to do so, don't give them time to prepare, simply do it after exhausting all other options.

The procedure of transferring your work permit is rather simple. If you've already been recognized as a foreign worker by the Chinese government, you won't have to repeat the process if you change jobs because you're already registered.

Streamlining aside, the full procedure will take between one and two months to complete from beginning to end. Keep this in mind, especially because you won't be able to leave China until your work permit is processed. Leaving China will not be a problem in terms of logistics, but returning will be (especially now under COVID travel restrictions).

However, now that you have your work and residence licenses back, you're back on track and may leave and enter China as often as you like.

Please contact us (inquiries@chinalawsolutions.com) to get in touch with an experienced advisor who can assist with visa and work permit matters in China. All inquiries are treated as confidential.