Analysis of the whole process of foreign employment permit processing: a complete guide from material preparation to certificate application

Analysis of the whole process of foreign personnel employment permit processing: a complete guide from material preparation to certificate application

Under the background of accelerating global talent flow, the employment of foreign personnel by enterprises has become an important way to enhance international competitiveness. However, the handling of the employment permit for foreign personnel involves multi-department examination and approval and multi-link connection, and a slight omission may lead to process delay. This paper combines the latest policy documents and practical cases to systematically sort out the core points and operation paths of foreign employment permits.

1. processing prerequisites: clear job requirements and qualification conditions

The processing of foreign personnel employment permit must meet two conditions: employer qualification and individual qualification .

1. employer qualification :
• the position must meet the requirements of "domestic temporary shortage of suitable candidates" and must not violate national regulations (for example, it is forbidden to employ foreigners to engage in commercial theatrical performances, except for experts approved by the Ministry of Culture).
• The actual business place shall be available and the employment position shall be within the business scope of the business license.
• The wages and salaries paid to foreigners shall not be lower than the local minimum wage.

1. personal qualifications :
• 18 years of age, in good health, with no criminal record.
• have a valid passport or an international travel document that can replace your passport.
• Possess the professional skills and corresponding work experience required for the job (e. g., academic certificates or professional skills qualification certificates are required for technical positions).

Case : A technology company plans to hire a German engineer as its technical director, it is necessary to provide the engineer's bachelor's degree certificate, more than 5 years of relevant work experience certificate, and explain that there is no candidate of the same level in China for the time being before starting the processing process.

2. core process: four steps to complete the employment permit application

The four major steps of employment permit application, occupational visa application, employment permit application and residence permit application must be completed in order to process the employment permit for foreigners.

1. Application for Employment Permit: Material Preparation and Approval

The employer is required to submit the following materials to the labor administration department:

• basic materials : the original and photocopy of the business license of the enterprise, and the photocopy of the organization code certificate (the approval certificate is required for foreign-invested enterprises).
• employment documents : report on the reasons for employing foreigners (specifying the job requirements and reasons for employment), letter of intent for employment (sealed by the employer), original labor contract (specifying the terms of employment term, position, salary, etc.).
• personal materials : Chinese resume of foreign personnel (sealed by translation company), photocopy of academic certificate or professional skill qualification certificate, photocopy of valid passport and visa, certificate of no criminal record (certified by Chinese embassies and consulates abroad), health certificate (issued by Chinese entry-exit inspection and quarantine institutions or designated medical institutions).

Approval Points : The labor administrative department will check whether the position meets the "domestic temporary vacancy" condition and check the qualification of the employer. After the examination and approval, the employer will obtain the Employment Permit for Foreigners.

2. Occupational visa processing: notification letter and embassy application

The employer should go to the foreign affairs office to handle the notification letter with the Foreigner Employment Permit, foreigners apply for an occupational visa (Z visa) at the Chinese embassy abroad with the notification letter and permit.

note : professional visa is a prerequisite for foreigners to enter the country legally to work. those holding non-working visas such as tourist visa (l visa) and business visa (m visa) need to leave the country and apply for professional visa again.

3. Application for employment permit: completed within 15 days after entry

After entering the country on an occupational visa, employers are required to bring the following materials to the original issuing authority to apply for the Foreigner Employment Permit within 15 days:

• the original of the Foreigner Employment Permit.
• the original and copy of the labor contract.
• Copy of valid passport and visa for foreign nationals.
• recent 2-inch photo.
• Complete the Employment Registration Form for Foreigners.

Case : An enterprise failed to apply for an employment permit within the specified time, resulting in a foreign employee being fined and required to resubmit the application materials.

4. residence permit processing: completed within 30 days after entry

foreigners who have applied for employment permit must apply for residence permit to the public security organ with employment permit within 30 days after entry. The duration of the residence permit is usually the same as the employment permit and does not exceed 5 years.

Special Circumstances : If foreigners need to extend their employment period or change their employment units, they need to apply for extension or change procedures 30 days before the expiration of the validity period, and update the residence permit information simultaneously.

3. key risks and prevention and control suggestions: avoid compliance traps

In the process of applying for foreign personnel employment permits, enterprises should focus on three types of risks:

1. risk of material fraud : once verified, it will be included in the "blacklist", which will affect the subsequent employment of foreign personnel by enterprises.
2. risk of overdue processing : failure to apply for employment permit or residence permit within the specified time may result in fines, deadline departure and other penalties for foreigners.
3. post discrepancy risk : if the actual post of foreign personnel does not match the registered post of employment certificate, the enterprise may face administrative punishment.

Suggest :

• Establish a foreign personnel file management system to regularly check the validity of documents and the matching of positions.
• Introduce professional legal counsel to review the compliance of employment contracts and materials.
• Keep communication with the local labor administration department to keep abreast of policy updates.

4. typical case: efficient handling experience of a multinational enterprise

An automobile manufacturing enterprise plans to hire a Japanese expert as R & D director, through the following measures to achieve efficient handling:

1. pre-audit : communicate with the labor administrative department in advance to confirm that it meets the conditions of "domestic temporary shortage.
2. pre-examination of materials : entrust professional institutions to translate and notarize materials such as academic certificates and certificates of no criminal record to ensure that they meet the requirements.
3. parallel processing : while applying for an employment permit, make an appointment for the visa processing time of the Chinese embassy in Japan to shorten the overall cycle.
4. Follow-up : Establish a reminder mechanism for the validity period of the certificate, and start the extension procedure 30 days in advance to avoid the risk of overdue.

In the end, the enterprise completed the entire process in only 45 days, 30% shorter than the average cycle time.

The processing of foreign personnel employment permit is a systematic project, which needs to build a whole chain management system from qualification examination, material preparation, process connection to risk prevention and control. By accurately grasping policy requirements, optimizing operation paths, and strengthening compliance management, companies can not only improve the efficiency of foreign talent introduction, but also provide lasting support for globalization strategies.