1. How can foreigners legally work in Shanghai?
According to Article 41 of the Exit and Entry Administration Law of the People’s Republic of China, foreigners must obtain a work permit and a work-type residence permit to work legally in China. No organization or individual is allowed to employ foreigners who do not possess these permits.
2. What is the basic process for obtaining a “Work Permit for Foreigners”?
For foreigners outside China:
(1)Apply for a notification letter.
(2)Apply for a work visa (through Chinese embassies or consulates abroad).
(3)Enter China with a Z visa.
(4)Apply for the work permit.
(5)Apply for a work-type residence permit (through entry-exit administration).
For foreigners already in China:
Eligible applicants can directly apply for the permit within China:
(1)Apply for the “Work Permit for Foreigners.”
(2)Apply for a work-type residence permit (through entry-exit administration).
Conditions for direct application within China include:
(1)High-level foreign talent (Category A) holding another type of visa or valid residence permit.
(2)Foreigners changing employers but staying in the same position and whose work-type residence permit is still valid.
(3)Foreign spouses or children of Chinese citizens, or spouses or children of foreigners with permanent residence or work permits in China, holding valid visas or residence permits.
(4)Those eligible under preferential policies of Free Trade Zones or Comprehensive Innovation and Reform Experimental Zones.
(5)Employers eligible for multinational company headquarters-related preferential policies.
(6)Intra-company transfers within a corporate group.
(7)Individuals executing intergovernmental agreements.
(8)Representatives of foreign institutions in China who have entered with a work visa; foreigners with a permit for working in China for less than 90 days, who are lawfully employed within the stay period.
(9)Individuals who have legally worked in China for more than a year within the past five years with a good credit record.
(10)Other conditions recognized by approval authorities.
3.The classification criteria for foreigners working in China
High-End Foreign Talents (Category A)
The scientists, the leading talents in science and technology, international entrepreneurs, the specialized talents and other “cutting-edge, top” rare high-end foreign elites are urgently needed for China’s economic and social development. Foreigners that meet the state’s priorities and catalogues for the introduction of foreign talents and one of the following conditions, shall be classified as Category A:
(1)Those Selected in Domestic Talent Introduction Program
(2)Those In line with Internationally Accepted Accreditation Criteria for Professional Achievements
(3)Foreign talents meeting the requirements for market-oriented encouraged jobs
(4)Innovation and entrepreneurship talents
(5)Outstanding young talents
(6)Those whose scoring points achieve higher than 85.
Foreign Professionals (Category B)
Foreign professionals who comply with the guidance catalogue and meet the job requirements for foreigners working in China, are urgently needed for China’s economic and social development and meet one of the following conditions, shall be classified as Category B.
(1)Foreign professionals with bachelor’s degree or above and 2 years or more related working experiences, who meet one of the following provisions:
(2)Skilled talents holding internationally accepted vocational skill certificates or urgently needed.
(3)Foreign language teachers.
(4)Foreign talent whose average wage income is not less than 4 times of the average social wage income of the previous year in the region.
(5)Specialized personnel or projects implementers, who conform to the regulations of relevant state departments.
(6)Professionals whose scoring points achieve higher than 60.
Ordinary Foreigners (Category C)
Other foreigner personnel that meet the needs of domestic labor market and comply with the provisions of national policies shall fall into Category C, mainly including:
(1)Foreign personnel that meet the current regulations for foreigners working in China;
(2)Foreigner personnel that work temporary or for a short-term (no more than 90 days);
(3)The personnel subject to quota management, including foreign youths who come to China for internship according to intergovernmental agreements, international students or foreign graduates from overseas universities that meet corresponding conditions, or foreigners working in special fields such as offshore fishing, etc.
4.Are there any quotas for foreign talents (Categories A, B, and C)?
There are no quotas for high-level foreign talent (Category A). Quotas for foreign professional talent (Category B) depend on market demand, while quotas for other foreign personnel (Category C) are regulated by relevant national provisions.
