What procedures are required to hire foreigners who have already obtained work permits from other companies?

What procedures do we need to complete if we hire foreigners who have already obtained work permits from other companies? Today, GEI will discuss this topic with everyone. Firstly, it is necessary to confirm whether the work permit and work-type residence permit obtained by foreigners in other units whether still valid, and what is their original position? When did they resign? Determine whether this foreigner is eligible to handle the transfer procedures through these questions.

Foreigner has changed his/her working company, but his/her position is still the same, and his/her work residence permit is still valid. This situation is a transfer of employment. Those who meet the conditions can directly apply for work permit and residence permit in the new company without re applying for work permit notice. However, if there are job position changes, even cross industries, it needs to be handled according to the first application.

Assuming that if a foreigner’s work permit is still valid and has not been cancelled, they must contact their original employer to cancel their original work permit first, and then proceed with the transfer procedures in the new employer. It should be noted that if a foreigner works at Company B with a work permit and residence permit obtained from Company A, it is considered illegal employment. Employers of foreigners employed in China must match the unit indicated on their work permit.

The transfer procedures require updating their work permit and residence permit, which must be completed in the name of the new company before they can work legally. In addition, the regulations on entry and exit management stipulate that cancellation can be carried out within 10 days after resignation, and only some cities have slightly relaxed it. Therefore, the timing of transferring employment after resignation is very important.

According to Article 33 of the Exit and Entry Administration Law of the People’s Republic of China, the registration items of a foreigner’s residence permit include the holder’s name, gender, date of birth, reason for residence, duration of residence, date and location of issuance, passport or other international travel document number code, etc. If there is a change in the registration items of a foreigner’s residence certificate, the holder of the certificate shall apply for the change to the entry and exit management agency of the public security organ of the local people’s government at or above the county level within ten days from the date of the change in the registration items.

Some foreigners, after leaving their jobs, only cancel their work permit and then stay in China with their original work residence permit, hoping to relax for a period of time before starting a new job. However, the consequence of this is that they may face administrative penalties for entry and exit when applying for new company entry procedures, updating their work permit and residence permit.

What documents are required to handle the transfer of employment?
1. Certificate of cancellation of original work permit
2. Resignation certificate issued by the original employer
3. Degree certificate or relevant professional qualification certificate
4. Passport and photos
5. Application form
6. Temporary accommodation registration form and other materials for overseas personnel

How long does it take to do work visa the transfer? Meet the processing conditions, about 5+7 working days (Shenzhen for example).

Contact US

  • Call us: (+86) 186 6503 0152
  • Room 1713 Wuyangxincheng Square, No. 111-115, Siyouxin Road, Yuexiu District, GZ, China