Businesses must ask their professional local services advise to guide them on the legal HR and statutory procedures in every situation. This means that foreigners who hold the following visas are currently not allowed to enter the country: Due to these new travel restrictions, which so far have presented no expiration date, many foreign nationals who hold a residence permit in China for working purposes are stuck outside of China during this time. Foreign employees in China are required to hold a valid working permit and residence permit during the course of their employment. How Maternity & Marriage Leave in China Works, Guidelines When Planning Internships in China, How to Manage Employee Retention in China, Allowing China Industries for Foreign Investment, Original copy of alien employment license, Valid passport or travel document, copies of bio page, info page, and passport number, A filled-out foreigner and resident visa permit application form, and a 2 x ½ ID photo, Original certificate of your check-in information issued by the hotel or a police substation of where you are staying, Certificate of Approval of Enterprise, Duplicate of Business License (original and a copy of each), Those who are in the general management must submit their original Employment Credential and Employment registration form, Vice president must comply in submitting the Identity Confirmation Certificate from the Shanghai Foreign Economic Relations and Trade Commission, Expert Certificate original copy from the foreign expert, Press Card from the resident correspondent, If involved in theatrical performance, then submit an original official document that the Ministry of Culture or Shanghai Cultural Bureau approves it; Performance Credential from the Shanghai Cultural Bureau, The one who is engaged in offshore operations of petroleum must submit a work permit for the Foreign Personnel Engaged in the operations. ... the EEAB provides instant services for visa or residence permit applications and issuance. Our HR and payroll services help foreign employers stay competitive, Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to email this to a friend (Opens in new window), China’s Travel Restrictions due to COVID-19: An Explainer, China After COVID-19: How Foreign Companies Can Leverage Key IT Solutions, China’s Social Credit System: COVID-19 Triggers Some Exemptions, Obligations for Businesses, How to Legally Reduce Labor Costs in China During the Coronavirus Outbreak, A Guide to Minimum Wages in China in 2020, Dezan Shira & Associates' Service Brochure, Operating Your China Business During a Crisis and Contagious Disease Outbreaks, Human Resources and Payroll in China 2019-2020, An Introduction to Doing Business in China 2020, How to Handle Your Foreign Employee’s Work and Residence Permit: China’s COVID-19 Travel Ban Series. We also maintain offices assisting foreign investors in Vietnam, Indonesia, Singapore, The Philippines, Malaysia, and Thailand in addition to our practices in India and Russia and our trade research facilities along the Belt & Road Initiative. Your professional services advisor can help you with preparing your legal documents, such as suspension agreement, termination agreement, resignation letter, salary restructuring/adjustment agreement, work permit and residence permit applications, or other amendments to the labor contract as per the option selected by the client. Currently, she can hold both passpors along with the residence permit. In our experience, some of the issues that will typically surface are: In response to these issues, we have created a 3-part series answering some important questions: In this article, we will start by addressing the first question in the series: How to handle your foreign employee’s work and residence permit? Doing Business in China 2020 is designed to introduce the fundamentals of investing in China. 3. Generally required for visiting scholars or those entering for job training. All foreign employees must have a valid residence and work permit during their employment. The residence permit can be granted for a minimum of 1 year and a maximum of 5 years, and the holders can exit and reenter freely during the validity of the residence permit. Foreigners are in China Preparation of a set of documents How to reassess employee’s salary package? d. applicant visiting Taiwan residents shall provide valid Mainland Travel Permit for Taiwan Residents or Travel Document of People's Republic of China, and a Registration Form of Temporary Residence with validity of over 6 months or Resident Permit For Taiwan Residentsissued by a local police station. Compiled by the ... Dezan Shira & Associates helps Those in the latter situation will need to prepare for longer than usual process times, accounting for the sudden wave of applications that will need to be processed as soon as the travel restrictions are lifted. Holders of long-term visas (Z, D, X1, S1, J1, Q1) also need to acquire a temporary Chinese Residence Permit within 30 days of their arrival in China. If it is from the perspective of an HR, your employer must check your residence and work permit, and they should give you an exact expiration date. China Residence Permit Service in Beijing . While in China, please take your passport or residence permit with you at all times in case of a police inspection. On November 4 and 5, Chinese Embassy in UK, France, Russia, Belgium, Philippines, India, Ukraine and Bangladesh have announced that, non-Chinese nationals’ entry into … Port visa (including various visa-free transit policies). Once you obtain a China residence permit, usually you don’t need to queue at the immigration counters. Temporary residence permits are valid for 6-12 months. In China, all foreigners are required by law to register for a temporary residence permit. If you live in a hotel in China, the … In some cases, the work permit and residence permit will still be valid after the travel restrictions have been lifted and the foreign employee will therefore be able to enter the country smoothly. If you overstay in China , you will be given … During this 25-minute moderated… The German Temporary Residence Permit is for persons who need to reside in Germany for a limited period. Post was not sent - check your email addresses! Certificate of Permanent Residence of Aliens is the legitimate identity card of aliens having obtained permanent residence and may be used independently. According to official laws and regulations, all foreigners visiting or living in China must make temporary residence/accommodation registration within 24 hours upon arrival. However, due to the travel restrictions that have been put into place, some work and residence permits will expire before the permit holder will be able to return and reapply, causing issues with the return of employees once the restrictions are lifted. There are strict rules when it comes to hiring these employees. In addition, a lot of foreign companies prefer their employees to be from their headquarters or any of their existing business structure. If the employment between the company and the foreign employees has been terminated, the employer is obliged to cancel the work permit and residence permit for the foreign employees, according to the Administrative License Law of the People’s Republic of China and Article 41 under the Exit and Entry Administration Law of the People’s Republic of China, which reads, “Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations.”. No problem will happen. Foreign employees in China are required to hold a valid working permit and residence permit during the course of their employment. Some visas, most notably Work, Student and Long Stay Journalist visas (Z, X, J-1) are normally for 30 days and for a single entry, though it might actually say zero entries – don't worry about that. The law requires foreigners (referred to as “aliens”) apply for a temporary residence permit within 24 hours of entering mainland Chinaor moving residences within China. This residence permit is issued to persons wishing to reside in Germany for specific purposes. 4. An employee’s work permit is conditional upon their employment with the company in China. The residence permit is basically a multiple entry visa to the mainland China. Temporary residence permit – It is for the people who will be in China for less than a year but longer than six months, like someone who is doing on-the-job training. Interim Residence Permit Application. Observers said the permit has led to instability and unsettlement and that the temporary residence registry system is no longer suitable for today's situation. and grow their operations. While a residence permit allows foreigners to have residency in China, and they can obtain this by applying the visa to their permit. Sample: Registration Form of Temporary Residence issued by Shenyang Police Within 24 hours of arriving in China, all foreigners must be registered at the local police station near their residence (hotel or apartment). The China residence permit is necessary for all foreigners who wish to live in China and do not want to fly out every 30, 60 or 90 days. Since March 28, 2020, China has suspended the entry of most foreign nationals, citing the temporary measure as a response to the rapid spread of COVID-19 across the world. 0 0 Reply. These include registering your vehicle, completing a vehicle inspection, applying for an Illinois driver's license, and registering to vote.Use this guide to help you with the details of these services. ... You should print the registration form of temporary residence. Businesses across China were disrupted early this year due to the novel Covid-19 outbreak. The work permit of an employee is conditional when they are hired by a company. Which area of HR and Payroll do you need help with? Sorry, your blog cannot share posts by email. China Residence Permits are issued for foreigners who want to work, study, or have family member in China.. The Chinese government is welcoming to foreign investors and workers. Due to the impact of the COVID-19 outbreak, the work permit renewal process is now available online via a newly-introduced ‘commitment system’ whereby the applicant makes a written letter by the Chinese company that all the information and documents submitted is real and the company would like to take responsibility in the event that is not the case. Relocate the foreign employees from China to the headquarter office and terminate the contract in China. Foreigner Residence Permits are normally valid for one year and are renewable annually. It works like a multiple-entry visa, allowing holders to leave China and return without an additional visa as long as the permit remains valid. Dezan Shira & Associates´ brochure offers a comprehensive overview of the services provided by the firm. For more information, please feel free to contact us at china@dezshira.com. A temporary residence permit is usually provided to individuals who do not plan to stay in China for long, such as a visiting scholar or someone who is coming to the country for vocational training. ). The permanent residence of foreigners in China refers to that the period of foreigners' stay here is not limited. How to adjust working hours and leave based on the employee’s individual circumstance? Therefore, this is the information you need as an employer if you want to set up business in China. Foreigners who have made outstanding contributions to China's economic and social development or meet other permanent residence conditions in China shall obtain permanent residence qualification upon their own application and approval by the Ministry of Public Security. At first I thought that the comprehensive exam you take after arriving in China to get your residence permit will do, but that is not the case. Chinese Temporary Residence Permit. The Novel Coronavirus has now killed 1,921 people in China. They are the standard residence permits issued to the majority of foreigners working in China. However, they do not offer vacancies to foreigners. To establish residency in Illinois, you'll need to complete a number of tasks. Vehicles failing to display the proper residential zone permit are subject to a $60.00 ticket. As the travel restrictions have left many foreign employees stranded, companies are being required to decide on how to handle the status of the employment of their foreign employees, choosing either to: If the employment with the Chinese company continues (even in the case of a suspension of the labor relationship), the work permit and residence permit will be valid for foreign employees who return to China to work after the travel restriction are lifted by Ministry of Foreign Affairs of the People’s Republic of China. How Handle Your Foreign Employee’s Work and Residence Permit in China? As the global economy begins to reopen, employers must now plan for the complex issues presented by mobile employees. How to calculate tax liability and social insurance contributions during this time? Many of them surround the transactions that are conducted by foreign companies without a legal structure. Please contact the firm for assistance in China at china@dezshira.com.Â. Q2 is flexible from 30 to 180 days, allowing single, double, or multiple entries, and the holders can stay in China for the duration as indicated on visa. including the most recent legal, tax and accounting changes that affect your business. Foreigner residence permit – This is good for a year and you can renew it annually. China Briefing is written and produced by Dezan Shira & Associates. Registering immediately will be a key factor in all future visa application. Based on this, various scenarios should be worked through to determine the employment structure that works best for both parties. Similar to the renewal process, the cancellation process can now also be completed entirely online and will generally take 3-4 weeks to process. Keep in mind that even though your visa might allow you to stay in the country for more than 6 months, it will not be valid if you don’t take this step. Residence permits do not have limits on the number of entries and exits, holders can exit and enter Mainland PRC for many times during its validity, it saves time and money. It has infected 74,279 people on Feb 19, 2020, with over 1,000 cases outside mainland China. Temporary residence permits have long been held by hundreds of millions of Chinese migrant workers, who have to apply for the permit before formally living and working in a new city. "Chinese law requires overseas personnel staying more then 24 hours to register for temporary residence, unless they are staying in a hotel. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. For the companies with foreign employees that are outside China, you must consider the situation from a legal perspective, how an HR would see it, and how it also affects your taxes. 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