When foreign employees resign, their work visas must be cancelled for the following reasons:
Legal provisions: Chinese law clearly stipulates that foreign nationals must cancel their work visas when ending their employment relationship with a company. If the cancellation procedures are not handled in accordance with the law, the legal responsibilities of the unit and the foreigner will be pursued.
Avoidance of joint liability: Legally speaking, a company is only considered to have truly terminated its labor relationship with the employing unit if it simultaneously applies for the cancellation of work and residence permits for foreign nationals. If the foreigner’s work visa relationship is still with the original company, during this period, if there are any illegal or personal accidents, the company may bear joint and several liability.
Personal welfare requirements: Foreigners planning to leave the country must provide a certificate of cancellation of their work permit when handling matters such as pension insurance refunds and one-time processing of medical insurance personal accounts.
The need to reapply for a work visa: After completing the procedures for canceling the work permit, the foreigner will continue to apply for the cancellation of the residence permit and obtain a 30 day stay visa. During this period, foreigners can search for job opportunities again. After finding a job, they need to reapply for a work visa and provide proof of cancellation of the original work visa when applying.
If the original work visa is not cancelled on time or a new work visa is not processed in a timely manner, foreigners in China may become “three non” personnel (illegal residence, illegal employment, illegal entry), and will face consequences such as dishonesty, administrative penalties, and deportation, seriously affecting their future application for entry and exit documents.
The process of canceling a foreigner’s work visa is usually as follows:
Cancellation of work permit: If a foreigner terminates the contract or employment relationship with the employer in advance, the employer shall apply for cancellation to the decision-making authority within 10 working days from the date of the event. If the employer is terminated, the applicant may apply to the decision-making authority for the cancellation of the work permit. Specifically, the applicant submits the application, which undergoes online pre-approval by the Foreign Experts Bureau. After passing the pre-approval, the submitted documents are accepted on site to exchange for a cancellation certificate.
Cancellation of Residence Permit: After obtaining the work permit cancellation certificate, foreigners need to bring relevant certificates to the Exit Entry Administration Office of the public security organ to handle the cancellation of residence permit procedures, and must be present in person.
The required materials generally include: original passport, photos that meet the regulations, original work permit, original resignation certificate (issued by the company), original temporary accommodation registration form, etc. Specific requirements may vary depending on the region and policies. It is recommended to consult with relevant local departments in advance
