Can Foreigners with a Z Visa Work Directly in China?
Foreigners who wish to work in China often need to obtain a "work visa." However, it's important to clarify that the term "work visa" commonly refers to a combination of two documents: the Foreigner's Work Permit and the Residence Permit for Work.
This misconception has led to misunderstandings among both foreigners and domestic companies, with some believing that holding a Z visa allows immediate employment in China, resulting in severe penalties for both individuals and companies.
According to the Exit and Entry Administration Law of the People's Republic of China:
Article 41: Foreigners working in China must obtain the required work permit and residence permit for work. No individual or entity shall employ foreigners without these permits.
Article 43: The following actions by foreigners constitute illegal employment:
- Working in China without obtaining the required work permit and - residence permit for work.
- Working beyond the scope specified in the work permit.
- Violating regulations on part-time work for foreign students by working in China beyond the designated positions or time limits.
In other words, if a foreigner enters China with only a Z visa and starts working directly for a company, it would be considered illegal employment. Both the company and the foreign individual would face hefty fines and negative records with government authorities. For the foreign individual, this could make future work or entry applications to China challenging, while companies may encounter difficulties when hiring other foreign employees.
Now that we understand that holding a Z visa does not grant direct permission to work in China, let's discuss how foreigners can obtain a legal work status after entering the country.
First, let's look at the required documents for applying for a Foreigner's Work Permit:
1. Valid visa (Z or R) or residence permit held by the applicant.
2. Employment contract.
3. Medical examination certificate.
4. Valid passport of the applicant.
5. Application form for Foreigner's Work Permit in China.
Note: All submitted documents for the Foreigner's Work Permit application need to be verified offline before approval.
After obtaining the Foreigner's Work Permit, the employer can assist the applicant in preparing the necessary documents for the Residence Permit for Work:
1. Original and photocopy of the applicant's valid passport and visa.
2. Completed "Application Form for Visa and Residence Permit."
3. One recent passport-sized photo taken within the last six months.
4. "Temporary Accommodation Registration Form" (for registration purposes).
5. "Medical Examination Report" (required for first-time residence permit applicants aged 18 to under 70).
6. If entering China with a different type of visa and applying for a Residence Permit for Work, additional proof materials are required for investors or individuals who meet the conditions and requirements set by the Chinese government for introducing high-level or urgently needed foreign talents.
7. Letter of certification from the employing company.
8. Proof of registration for the employing company, such as a copy of the business license for corporate entities or a copy of the registration certificate for institutions.
9. Other supporting documents as deemed necessary by the public security authorities.
It is essential for both foreigners and companies to follow the proper procedures to ensure legal employment in China.
If you have any further questions or need more information, feel free to ask!
Editor: CH
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