In Shenzhen, the cancellation of work permits for foreign employees usually follows the following process:
1. Confirm the cancellation situation
-Employers applying for cancellation: If an employer and a foreign employee terminate their employment relationship due to legal reasons or mutual agreement, the employer shall apply for cancellation to the decision-making authority within 10 working days from the date of the occurrence of the reasons.
-Individual application for cancellation by foreign employees: If the employer terminates, the applicant can submit an application letter and proof of termination to the decision-making authority to apply for cancellation of the license.
-Automatic cancellation: Foreigner’s work permit in China is automatically cancelled when its validity period expires but is not renewed.
-Legal cancellation: If a foreigner’s work permit to China is revoked, withdrawn or revoked according to law, the decision making organ shall cancel it.
2. Prepare application materials:
-Official letter issued by the employing unit.
-Copy of the applicant’s passport.
-Copy of residence permit.
-The original and copy of Foreigner’s Work Permit.
-Proof materials related to termination of employment relationship, contract termination, or other reasons for cancellation (both parties must sign and attach Chinese and foreign language documents for termination of employment relationship or contract termination, and no alterations are allowed; if the applicant resigns on their own or the employing unit cannot contact the applicant, the employing unit should provide a supplementary explanation of the cancellation situation).
-All electronic versions of the aforementioned materials.
3. Online application: The employer logs into the relevant system, submits application information online, and provides relevant electronic materials. For those who entrust specialized service agencies to handle, the name of the specialized service agency, the legal registration certificate (business license or organization code certificate, social insurance registration certificate or foreign enterprise resident representative office registration certificate, etc.), the name of the agent, ID card, contact phone number, etc. should be registered online, and the employer’s power of attorney and the agent’s ID card should be submitted on the spot.
4. Online Pre review: The accepting institution shall conduct a pre review of the materials submitted online within 5 working days from the date of submission (excluding the date of submission). If the materials are incomplete or the content is not standardized, the accepting institution shall notify the materials that need to be corrected online in one go; If the materials are complete and the content is standardized, please notify online or make an appointment to submit the materials on-site.
5. Acceptance:
-Accepted: If the accepting institution decides to accept the application after review, and the application materials are complete and meet the requirements, it will be accepted on the spot. The accepting institution shall issue the Acceptance Form of Foreigner’s Work Permit in China stamped with the special seal of the administrative organ and dated.
-Acceptance after correction: If the application materials are incomplete or do not conform to the legal form, the content that needs to be corrected shall be notified on the spot, and a one-time notice shall be issued. After correction, the application shall be accepted.
-Not accepted: The accepting institution shall explain the reasons and basis for not accepting, issue a notice of non acceptance stamped with the administrative license special seal, and deliver it to the applicant or employer within 5 days from the date of receiving the paper materials.
6. Approval and Cancellation: After approval and meeting the cancellation conditions, the decision-making institution will cancel the work permit of the foreign employee. After the approval of the work permit cancellation application, the decision-making institution will issue a certificate of permit cancellation (if the work permit expires, the system will automatically cancel it and no certificate of cancellation will be issued).
During the application process, it is recommended that employers pay attention to the application progress in a timely manner. If there are any questions, they can consult relevant local government departments or professional institutions.
