Foreigners who apply for a work permit to leave in China generally need to go through the procedures of work permit cancellation and residence permit cancellation:
1、 Cancellation of work permit
-Application from employer:
-Time requirement: The employer shall apply for the cancellation of the work permit to the decision-making authority within 10 working days from the date of termination of the employment relationship, contract termination, or other related matters with the foreign employee.
-Online application: fill in and submit the Foreigner Work Permit Cancellation Application Form online, and upload relevant materials, such as the Letter of Commitment for Foreigner Work Permit Related Matters Online, the front and back scanned copies of the Foreigner Work Permit, the resignation certificate, etc. (material requirements and templates can be viewed or downloaded in the system).
-Pre examination and review: The accepting institution generally conducts pre examination on the materials submitted online within 5 working days (excluding the date of material submission). If the materials are incomplete or the content is not standardized, the accepting institution will 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. After the review is approved, the review result can be viewed in the original path.
-On site acceptance:
-Material preparation: After the pre-approval, the employer should submit the documents at the designated on-site acceptance location within the specified time. All original application materials must be carried on site for verification.
-Obtaining the results: If the application materials meet the requirements, the accepting institution will issue the Foreigner Work Permit Acceptance Form stamped with the special seal of the administrative organ and dated, complete the work permit cancellation procedures, and the employer can obtain the work permit cancellation certificate.
2、 Cancellation of Residence Permit
-After obtaining the work permit cancellation certificate, foreign employees need to go to the immigration department to handle the procedures for canceling their residence permit.
-Material provision: It is usually necessary to provide the cancellation certificate of foreigners’ work permit to China, the original of temporary accommodation registration form, passports, photos, resignation certificates, etc. (for specific requirements, please consult the local immigration management department).
For example, if foreign employee A resigns from a certain company on August 15, 2024, the company should log in to the relevant system and submit a work permit cancellation application and materials before August 29. After the pre-approval, the original document should be submitted for verification at the on-site acceptance location. After obtaining the work permit cancellation certificate, A should bring the required documents to the immigration department to handle the procedures for canceling the residence permit.
During the process of handling resignation procedures, the employer should communicate and coordinate with foreign employees, such as work handover, item return, and other matters. At the same time, foreign employees should cooperate with the employer to complete various procedures to ensure a smooth and legal resignation process. There may be differences in the processing procedures and requirements across different regions. It is recommended to consult the relevant local departments in advance to obtain accurate information.
