Application for the Notification Letter of Foreigner's Work Permit and the Foreigner's Work Permit before Entering China (Categories A/B)

Guide to Foreign Talents (Categories A/B) for Application for the Notification Letter of Foreigner's Work Permit and the Foreigner's Work Permit before Entering China

(I) Applicable Objects

1. Basic Requirements for Applicants

(1) Employers shall be established by law with actual business premises, pay taxes and social insurances according to law, without serious illegal and dishonest acts; the employment of foreigners shall be for special needs and the appropriate candidates are in short supply domestically in China, while the post doesn't violate any government regulations; the salary or remuneration for those foreigners shall not be lower than the local minimum wage.

(2) For pre-approval by the industry competent authority by law, it shall be approved.

2. Basic Requirements for Applicants

(1) Capable applicants with qualified professional skills or knowledge shall have a clearly-defined employer in China and shall be at least 18 years old in good health and without criminal record.

(2) Those applicants shall engage in urgently needed jobs in China and can make contributions to China's economic and social development.

(3) The laws and regulations which have special provisions, if any, for the employment of foreigners in China shall prevail.

(4) Foreign High-end Talents (Category A) refer to those scientists, science and technology leading talents, international entrepreneurs, special talents who meet the orientation of "high-levels, elites, top leaderships, and urgently-needed people" and market demands and can contribute to China's economic and social development, and those who conform to the score-based system (scored 85 or above according to the Points-based Assignment Table), with no limits of age, academic qualification or work experience.

Foreign Professionals (Category B) refer to those professionals who are in line with the "Foreigners Employed in China Guide Catalog" and the corresponding urgent demands of the economic and social development of China, and have a bachelor degree or above and two years and above related work experience, 60 years old or less. The limits in terms of age, academic degree or work experience may be relaxed for those who are specially needed, those regarded as innovative and entrepreneurial talents, professional and technical talents, and in line with the scoring system (scored 60 or above according to the Score-based Assignment Sheet), and the executors of intergovernmental protocols or agreements.

Please see the details in the Evaluation Criteria for Foreigners Employed in China (Trial) (at the website of Science and Technology Commission of Shanghai Municipality/Shanghai Administration of Foreign Experts Affairs at http://stcsm.sh.gov.cn/wzj/ and the website of Shanghai R&D Public Service Platforms http://ftsh.sgst.cn). Other provisions, if any, regarding professionals and governmental project personnel shall be followed preferentially.

(II) Documents Required

1. Application for the Notification Letter of Foreigner's Work Permit before Entering China

(1) Application Form for Foreigner's Work Permit: Before entering China, fill in the online application - print it out – sign it by the applicant (send copy or fax if needed) – have it stamped with the employer's or the authorized department's seal - upload it to the system.

(2) Identification documents as a foreign talent: Provide the required credentials according to the Evaluation Criteria for Foreigners Employed in China (Trial). The Application Form must be signed by the applicant and stamped with the employer's seal. Additional investigation may be conducted by the decision-making authority if necessary.

Applicants up to foreign high-end talents (Category A) or foreign professionals (Category B) through the score-based system shall provide the corresponding highest degree (academic qualification) certificate, vocational qualifications, Chinese proficiency certificate (HSK Chinese Proficiency Test Certificate), proof of annual salary in China, work qualification documents, the scoring system sheet, etc.

In salary-related applications, both the employer and the applicant shall submit a letter of commitment (including the monthly (/yearly) salary for foreign nationals, monthly (/yearly) tax amount in Shanghai, place of tax payment, signed by the applicant and stamped with the official seal of the employer), the receiving or decision-making authority may require the employer to provide the corresponding tax payment certificate in handling the next business.

(3) Work qualification certificate: The previous employer of the applicant shall issue a work experience certificate related to his/her current position, covering the information about the position, work duration, and the projects that have been completed. The document needs to be stamped with the official seal of the previous employer or signed by the person in charge with an effective contact number or an email address. Applicants up to the score-based system for foreign talents shall issue a work experience certificate that meets the year limit of scores.

For those foreign high-end talents (Category A) according to the Evaluation Criteria for Foreigners Employed in China (Trial) who: (I) have been selected in domestic programs for talents introduction; (II) conform to the internationally recognized identification standard for professional achievement, the pledge system shall be adopted. Others who meet up to foreign high-end talents (Category A) shall still need to provide a work qualification certificate. If the applicants have any award in the relevant professional fields, please also provide credentials of the awards.

(4) The highest degree (academic qualification) certificate and certification documents: If the highest degree (academic qualification) is issued by a foreign university, it shall be certified by a Chinese embassy or consulate in the related country, or that country's embassy or consulate in China, or a Chinese academic certification institution; if the highest degree (academic qualification) is issued in China's mainland, only the original degree (academic qualification) certificate shall be provided. For those foreign high-end talents (Category A) up to the Evaluation Criteria for Foreigners Employed in China (Trial) who (I) have been selected in domestic programs for talents introduction; (II) conform to the internationally recognized identification criteria for professional achievement; (III) fulfill the market demand for encouraged-encouraged jobs; (IV) are innovative and entrepreneurial talents, the pledge system shall be adopted.

(5) Relevant approval documents and professional qualification certificates: For pre-approval by the industry competent authority by law or qualified access professional qualifications, an approval document issued by the industry competent authority or a professional qualification certificate shall be submitted; for a professional qualification issued overseas, it shall be certified by a Chinese embassy or consulate in the related country, or that country's embassy or consulate in China, or a Chinese academic certification institution.

(6) Certificate of no criminal record and certification documents: For foreign high-end talents (Category A), the pledge system shall be adopted. For foreign professionals (Category B), a certificate of no criminal record shall be issued by the police, the security department, or the court of the nationality state or the place of habitual residence of the applicant, and certified by a Chinese embassy or consulate in the related country, or that country's embassy or consulate in China [the place of habitual residence refers to the place (not on the territory of China) where the applicant lives for at least one consecutive year after the applicant left his/her native country]. A certificate of no criminal record issued within six months is valid. Personal declarations of no criminal record, for declaration only, are not accepted. A certificate of no criminal record issued by a foreign embassy or consulate in China which is non-declaration of no criminal record can be accepted without further certification.

(7) Certificate of physical examination: A certificate of verification on physical examination for foreigners issued within six months, or a certificate of health examination for foreigners issued within six months, by China's inspection and quarantine authority, shall be provided. Applicant's commitment shall apply and a written commitment to physical examination shall be provided before entry.

(8) Employment contract or employment certificate: The submitted contract shall be in Chinese, signed by the applicant and stamped by the employer. No handwritten alteration is allowed. The employment contract or employment certificate (including the dispatch letter of a multinational corporation) shall contain such essential information as work place, job responsibilities, payment, work duration in China, and position, and page of seal (signature). The employment certificate shall apply to performers of intergovernmental or international agreements, chief representatives and representatives of various representative offices in China, and overseas contract service providers. The dispatch letter shall apply to senior executives such as managers and technical professionals dispatched from their overseas headquarters or regional headquarters of multinational corporations to subsidiaries or branches in China, and shall be issued by the headquarters or regional headquarters of multinational corporations. In case any essential content is missing in the employment certificate (including the dispatch letter), a separate certificate shall be provided. In case the dispatch of senior executives and technical professionals are dispatched from their regional headquarters of multinational corporations in China to subsidiaries or branches in China, the dispatch letter and the employment contract signed with the regional headquarters of multinational corporations in China shall be provided.

(9) Passport or international travel certificate: Information page of the passport or of the international travel certificate. The valid period of the passport shall be no less than six months.

(10) Applicant's bareheaded and full-face photo taken no more than six months ago: The full-faced bareheaded electronic photo shall be frameless with a white background carrying the facial features clearly shown, and clean without any spots, flaws or ink defects. Hats or other head coverings are only allowed if worn for religious reasons without obscuring any facial features.

(11) Accompanying family members' credentials: The information page of the passport (or of the international travel certificate), certificate of family relationship (for spouse, marriage certificate; for child, child birth certificate or adoption certificate; for parents or parents-in-law, applicant's birth certificate or marriage certificate or notarized certificate); medical report (family members at least 18 years old) and their electronic photos (identical with the main applicant). Accompanying family members include spouse, children below 18 years old, parents, and parents-in-law.

(12) Other documents: Documents provided as required by the reception authority or the decision-making authority.

2. Application for the Foreigner's Work Permit after Entering China

(1) Applicant's certificate of physical examination: A certificate of verification on physical examination for foreigners issued within six months, or a certificate of health examination for foreigners issued within six months, by China's inspection and quarantine authority.

(2) Applicant's valid visa or residence permit: Visa page, page of latest entry stamp or page of residence permit of the passport (or of the international travel certificate).

(3) Other documents: Documents provided as required by the reception authority or the decision-making authority.

Source: Guide to Issues Regarding Foreigner's Work in Shanghai