Guide for foreign talent and team members (Category A/B) applying for a Foreigner's Work Permit during the startup phase
Eligibility
Requirements for parks or incubators
- Parks or incubators must be legally established, registered with a competent authority above the district level, and recommended by that authority. The facility must have a physical business location, pay taxes and social insurance in accordance with the law, and have no record of serious legal violations or credit breaches.
- "Parks" refers to facilities recognized by competent authorities at various levels in Shanghai, which have signed a park admission agreement or lease contract with the startup team or entrepreneur. These may include various types such as entrepreneurship parks, science and technology parks, industrial parks, or industrial zones.
- "Incubators" refers to innovation-oriented facilities registered and taxed in any district of Shanghai, which have signed incubation agreements and lease contracts with startup teams or entrepreneurs. Incubators may include maker spaces registered with national authorities, offshore innovation and entrepreneurship bases for overseas talent, national-level technology business incubators, incubators contracted by venture parks for returned overseas students, as well as innovation incubators and functional platforms with access to international resources.
Requirements for applicants
- Applicants must be foreign nationals or members of a startup team (in principle, no more than five people) who are currently in the entrepreneurial stage, have not yet established a company, and are based in a recognized park or incubator.
- Applicants must be at least 18 years old, in good health, with no criminal record, and possess the necessary professional skills or relevant knowledge for their intended work.
- Applicants must engage in work that aligns with China's economic and social development needs and are considered professionals in fields where talent is urgently needed and in short supply.
- Foreign graduates with a bachelor's degree or above from universities in Shanghai, as well as outstanding foreign graduates with equivalent degrees from top overseas universities, are encouraged to innovate and start businesses in any of the Five New Cities: Jiading, Qingpu, Songjiang, Fengxian, and Nanhui.
- Where other Chinese laws and regulations provide otherwise for the employment of foreigners in China, those provisions shall prevail.
Required documents
For parks or incubators
(1) A business license or other valid legal registration documents.
(2) Certification and recommendation documents issued or recognized by competent authorities above the district level.
(3) Proof of premises, such as a property ownership certificate or a lease agreement.
(4) After submitting the organization's information and uploading all original documents online, the employer does not need to wait for a system response. Instead, the employer should take the original Employer Registration Form (单位注册信息表) along with the originals and copies of all supporting documents (stamped with the official seal) directly to the service window for real-name registration. Once approved, the accepting authority will not issue a separate notification.
Application for Notification Letter of Foreigner's Work Permit before entering China
(1) Application form for Foreigner's Work Permit.
(2) Proof of work experience (no minimum work duration required).
(3) Highest degree (academic qualification) certificate and relevant certification documents.
- Foreign graduates with a bachelor's degree or above from universities in Shanghai who are starting a business in one of the Five New Cities — Jiading, Qingpu, Songjiang, Fengxian, or Nanhui — must provide their original degree (academic qualification) certificate.
- Outstanding foreign graduates with a bachelor's degree or above from overseas high-level universities must ensure their institution is included on the list of high-level overseas universities published by the Service System for Foreigners Working in China of the State Administration of Foreign Experts Affairs. These outstanding graduates must also provide academic transcripts demonstrating excellent performance, with an average score of no less than 80 on a 100-point scale or the equivalent of B+/B in other grading systems.
(4) Certificate of no criminal record and relevant authentication.
(5) Certificate of physical examination.
(6) Incubation agreement or lease contract signed between the applicant and the park or incubator.
(7) Applicant's passport or international travel document.
(8) A recent bareheaded, full-face photo of the applicant taken within the past six months.
(9) Supporting documents for accompanying family members, if applicable.
(10) Any other documents required by the accepting or decision-making authority as needed.
Application for Foreigner's Work Permit after entering China
(1) Application form for Foreigner's Work Permit.
(2) Proof of work experience (no minimum work duration required).
(3) Highest degree (academic qualification) certificate and relevant certification documents.
- Foreign graduates with a bachelor's degree or above from universities in Shanghai who are starting a business in one of the Five New Cities — Jiading, Qingpu, Songjiang, Fengxian, or Nanhui — must provide their original degree (academic qualification) certificate.
- Outstanding foreign graduates with a bachelor's degree or above from overseas high-level universities must ensure their institution is included on the list of high-level overseas universities published by the Service System for Foreigners Working in China of the State Administration of Foreign Experts Affairs. These outstanding graduates must also provide academic transcripts demonstrating excellent performance, with an average score of no less than 80 on a 100-point scale or the equivalent of B+/B in other grading systems.
(4) Certificate of no criminal record and relevant authentication.
(5) Certificate of physical examination.
(6) Incubation agreement or lease contract signed between the applicant and the park or incubator.
(7) Applicant's passport or international travel document.
(8) Applicant's valid visa or residence permit.
(9) A recent bareheaded, full-face photo of the applicant taken within the past six months.
(10) Any other documents required by the accepting or decision-making authority as needed.
Extension of Foreigner's Work Permit
(1) Application form for extension of Foreigner's Work Permit.
(2) Incubation agreement or lease contract between the applicant and the park or incubator.
(3) Applicant's valid residence permit.
(4) Additional materials:
- A commitment letter confirming online processing of the Foreigner's Work Permit. (Category A (High-End Foreign Talents) applicants need not submit this.)
- Supplementary documents as requested by the processing or approving authority.
Cancellation of Foreigner's Work Permit
(1) Application form for cancellation of Foreigner's Work Permit.
(2) Proof of termination of the incubation agreement/lease contract (must be signed by both parties) or other documents justifying the cancellation.
(3) A commitment letter confirming online processing of the Foreigner's Work Permit.
(4) Other materials as required by the processing or approving authority.
Verification
The Foreigner's Work Permit application process is conducted entirely online (original documents must be verified for new applications). Applicants must carry all original materials when entering China.
- For applications outside China: After obtaining the Notification Letter of Foreigner's Work Permit and entering China, the applicant must submit original documents for verification at the designated processing authority within one month of arrival, before applying for the work-related residence permit.
- For applications within China: Upon pre-approval, the applicant must present the original documents for verification at the processing authority before final approval.
Notes
(1) The validity period of the Foreigner's Work Permit for foreign entrepreneurs and team members shall not exceed one year, and must not exceed the duration of the signed incubation agreement or lease contract (the lease contract must clearly state that the premises are not for temporary office use), nor the validity period of the applicant's passport or other international travel documents. Before the permit expires, the park or incubator must conduct an entrepreneurial assessment and apply for an extension or cancellation as needed.
(2) The park or incubator must complete the entrepreneurial assessment and apply for extension or cancellation at least 30 days prior to the expiration of the Foreigner's Work Permit. If reapplying for an extension, the maximum validity period remains one year.
(3) All non-Chinese supporting documents must be accompanied by a Chinese translation and bear the official seal of the park or incubator (excluding passports and international travel documents).
Source: sh-italent.com