Hiring a foreign employee in China requires a work permit and a residence permit. The process takes six to twelve weeks, involves multiple government agencies, and requires a significant volume of documentation. A company that starts the process without understanding the sequence will delay its hire and may lose the candidate to a competitor.
Here’s the complete process, step by step.
The Pre-Application Step: Category Determination
China classifies foreign workers into three categories — A, B, and C — based on a points system that considers education, work experience, age, Chinese language proficiency, salary level, and other factors. The category determines the procedures, the timeline, and the scrutiny the application will receive.
Category A is for high-end talent — senior executives, scientists, holders of international awards, and professionals with advanced degrees and substantial work experience who score at least 85 points on the points system. Category A applications receive priority processing, relaxed documentation requirements, and a faster timeline. A Category A work permit can be valid for up to five years.
Category B is for professional personnel — candidates with a bachelor’s degree, two years of relevant work experience, and a score of at least 60 points. This is the most common category for foreign hires at WFOEs in the professional services, manufacturing management, and technology sectors. Category B work permits are typically valid for one year and renewable.
Category C is for other personnel — interns, language teachers, and workers who don’t meet the Category A or B criteria. Category C work permits are restricted and are rarely relevant for professional hires at foreign-invested enterprises.
Step One: The Work Permit Notice
The first formal step is the application for a work permit notice — previously called the alien employment license. The employer submits an application through the Ministry of Science and Technology’s online system, providing the candidate’s qualifications, the employment contract, and a detailed justification of why the position requires a foreign worker.
The application must include the candidate’s passport, degree certificate — legalized in the issuing country — a certificate of no criminal record from the candidate’s country of nationality or habitual residence, a health certificate from a Chinese-designated medical institution or a foreign medical institution recognized by the Chinese authorities, and the employment contract or letter of appointment.
The employment contract must be in Chinese or bilingual, must specify the position, the salary, and the contract term, and must comply with Chinese labor law requirements. A contract that doesn’t comply — for example, a contract that specifies a probation period longer than the statutory maximum — will delay the work permit application.
The justification letter is a critical document. It must explain why the foreign candidate is necessary for the position and why a Chinese citizen cannot fill the role. A generic justification — “the company needs a foreign manager” — is insufficient. A specific justification — “the position requires native-level English proficiency, ten years of experience in the medical device regulatory affairs function in an FDA-regulated environment, and relationships with international regulatory bodies” — demonstrates that the position genuinely requires a foreign worker.
The processing time for the work permit notice is typically five to ten working days for a Category B application. Category A applications may be processed faster.
Step Two: The Z Visa Application
Once the work permit notice is approved, the foreign candidate applies for a Z visa — the work visa — at the Chinese embassy or consulate in their country of residence. The application requires the work permit notice, the passport, and the consulate’s application form and fee.
The Z visa is typically a single-entry visa valid for thirty days from the date of entry. The candidate must enter China within the validity period and complete the remaining steps of the work permit process before the Z visa expires. An extension of the Z visa beyond thirty days is not possible, so the timing of the entry is important.
The candidate cannot start working immediately upon entry into China on the Z visa. The work permit and residence permit must be obtained first. Working before the permits are obtained is illegal and exposes both the employee and the employer to penalties — fines for the employee, fines and suspension of the employer’s right to hire foreign workers for the employer.
Step Three: The Work Permit Card
Within fifteen days of the employee’s entry into China, the employer applies for the work permit card — the physical document that evidences the employee’s right to work in China. The application is submitted to the local office of the Foreign Experts Bureau or the Ministry of Science and Technology.
The application requires the employee’s original passport with the Z visa, the work permit notice, and the employment contract. The employee must appear in person to have their photograph and fingerprints taken. The processing time is typically five to ten working days.
The work permit card is issued for the period specified in the work permit notice and the employment contract. A one-year contract typically results in a one-year work permit. The work permit must be renewed before expiry, and the renewal process requires a new application with updated documentation.
Step Four: The Residence Permit
Within thirty days of the employee’s entry into China, the employee applies for a residence permit at the exit-entry administration of the public security bureau. The residence permit is the document that allows the employee to reside in China and to enter and exit China without a visa during the permit period.
The application requires the work permit card, the passport, the health certificate, the employment contract, and proof of residence — a lease agreement or a landlord’s registration certificate. The employee must appear in person. The processing time is typically seven to fifteen working days.
The residence permit is stamped in the employee’s passport or printed on a separate card. The residence permit is valid for the same period as the work permit and must be renewed together with the work permit.
Step Five: The Tax Registration
After the work permit and residence permit are obtained, the employee must register with the tax authorities for personal income tax purposes. The employer typically handles the tax registration as part of the onboarding process, providing the employee’s passport, work permit, residence permit, and employment contract to the tax bureau.
The employee’s personal income tax liability starts on the date the employee begins working in China, regardless of whether the tax registration has been completed. The employer is responsible for withholding and remitting the employee’s income tax, and any delay in tax registration doesn’t relieve the employer of this obligation.
The Renewal Cycle
The work permit and residence permit must be renewed before expiry. The renewal application should be submitted at least thirty days before the expiry date — the processing timeline for renewals is similar to the initial application timeline, and a late application risks a gap in the employee’s legal status.
The renewal application requires updated versions of the documentation submitted for the initial application. The certificate of no criminal record may need to be re-issued, depending on the time that has elapsed since the original certificate was issued. The health certificate may need to be renewed.
The points-based category may change on renewal if the employee’s circumstances have changed. An employee who initially qualified as Category B and has since obtained a higher degree, published research, or received a professional award may qualify for Category A, which provides longer validity and a faster renewal process.
