Refer China: China Work Permits ： Must-Know & Key Updates

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You are a foreigner based in China and your job search here has been successful?

Then unless you possess the China Five-Star Card (commonly called China Green Card), or benefits from very few exceptions, a work permit is a must-have before starting your job.

Here is what you need to know about work permits in China.

1. Pre-requisite for foreign workers in China

Work permits are mandatory for foreign workforce in China. Working without a work permit in order would be illegal in China and expose the worker.

So, no working until all paperwork done!

2. Difference between work permit and residence permit

Both are often confused with one another, but as their names suggest, a work permit is your ticket to work in China, whereas the residence permit is your ticket to reside in China.

They are intertwined though, because once you have a work permit, your initial residence permit must be updated right after, to reflect that you now reside in China due to your work (and no more for instance as a spouse or else).

3. Different types of work permit

There are three categories of work permits in China, A, B and C.

To make it simple, class A work permit is for high-earners, high-skilled workforce, international prize winners in different areas, or special talents.

Class B work permit is the most common category for professional workers, with degree qualifications and experience required.

Class C work permit on the other hand is for low-skilled profiles.

To determine which class you are falling in, there is a score points system, depending on the annual salary, education, work experience, etc.

As you can guess, the higher the pay, the faster the process and the more opportunities in terms of permit renewal duration for instance.

4. Sponsorship by your employer

Work permits in China are always linked to an employer, so you cannot have a general random work permit that allows you to work anywhere. To apply for a work permit, you need to first have at least a job offer from a specific employer or an employment contract signed.

5. Your new job title

For class B, your new job title should be in line with your previous experience, so attention should be paid to its crafting. For instance, if you were a legal manager before, you might not be able to apply for a marketing manager position.

This is also important since the first job title applied for in China will determine the following ones with other employers.

6. Your place of work

Even if it seems the authorities might be more flexible in some instances with regards to that matter, your workplace must be the same as the area where your work permit was delivered.

That means that in theory you should not work in Suzhou for instance, if your work permit was delivered in Shanghai.

7. Checklist of documents required

Depending on each situation, a handful of documents will be asked when you apply for the work permit with the relevant Chinese authorities, such as your passport, latest diploma, a non-criminal record, a resume, a work certificate, the job offer or labor contract, a medical report, your police registration form. Some of them will have to be translated and authenticated to be relied upon by the Chinese authorities.

It's essential to keep a complete record of all documents submitted by your current employer, as they may be needed for future applications with a new employer. Any inconsistencies between successive applications could prompt an investigation by the Chinese authorities.

8. Obtention of your work permit

Big change since December 2024, there will be no more fancy physical work permit cards. All your work permit information will be integrated with your social security card, also accessible through the social security e-portal. Previous physical work permit holders will switch at work permit renewal.

This integration might mark a step forward for the authorities towards ensuring about the payment of social charges by foreign employees and their employer, which let us remind it here, is an obligation.

As mentioned above, once the work permit is obtained through social security card integration, the residence permit should be updated to reflect a work-related residence. You are now allowed to work, congratulations!

9. Exclusive work

Beware, since the work permit is sponsored by your employer, you have to exclusively work for the same employer. This is how foreign employees can only have one job at a time (unless they have the China Five-Star Card).

10. Renewal and cancellation

Work permits are allocated for a fixed term and should be renewed to continue to work legally in China.

The renewal duration will somehow depend on the permit category, as well as the number of renewals already applied for.

Beware, the validity period of your residence permit is always yearly, meaning if you obtained a longer work permit, you still need to renew your residence permit each year.

If you resign from your job, please make sure to leave on good terms, since the employer will have to provide you with an exit letter, required for further work permits application with other employers. Indeed, new job means new work permit!

And if you stop working, don't forget to cancel your work permit and make the change in terms of residence permit. If you have no more reason to stay, i.e. no working spouse to sponsor you for instance to stay here, then it is goodbye China.

In conclusion, applying for a work permit remains a crucial step for starting a career in China. This is mostly a formality though, and once you have everything, you are good to work.

Enjoy your new job!

About the authors

Nicolas COSTER

Managing Partner, Paris Bar Lawyer, Arbitrator

Fatéma ADAMJEE

Legal Counsel

Coster Associates is an international legal firm based in Paris and Shanghai, facilitating global business between Europe and China.

With an in-depth knowledge and experience of foreign investment, we help companies set up their business and secure their interests in China and in Europe, supported by a network of partners for a 360° service.

Not only we thrive solving problems, but we aim at turning potential issues into key opportunities for our clients.

We are your legal shield in Asia.

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