Can foreigners with illegal employment records still apply for a residence permit?

Foreigners with illegal employment records often find it difficult to obtain a residence permit.

Illegal employment is a serious violation of Chinese laws and regulations, which will result in strict evaluation of the foreigner’s credit and qualifications.

Illegal employment behavior includes but is not limited to the following situations:
1. Working within China without obtaining a work permit or work residence permit is the most common form of illegal employment. Foreigners working in China must apply for a work visa, as well as subsequent work permits and work residence permits in accordance with the law. Only with these documents can they legally and compliantly work in China to obtain labor remuneration.
2. Exceeding the work scope and time limit specified in the work permit and residence permit: If a foreigner works outside the work scope and time limit specified in the work permit and residence permit, it may also be considered illegal employment.
3. Other violations of employment regulations, such as forging, altering, fraudulently obtaining or using forged, altered, fraudulently obtained work and residence permits.

For example, if a foreigner engages in work without obtaining a legal work permit and is investigated, their relevant records will be retained. When applying for a residence permit in the future, relevant departments will review their past records. Due to the existence of negative records of illegal employment, their application is likely to be rejected.

However, the specific situation still needs to be judged based on multiple factors, such as the severity of illegal employment, subsequent corrective actions, and adjustments to relevant policies in China.

However, overall, having a record of illegal employment can have a significant adverse impact on the processing of residence permits.

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