Answers of frequently asked questions on work permit for foreigners in China (I)

2019-09-10 10:02:24 source: 杭州市外专局


1. Can a fresh foreign graduate apply for a work permit in Hangzhou?

Policy interpretation:

 According to the RSB 2017 No. 3 document “Circular on Related Issues Concerning the Permission of the Ministry of Human Resources and Social Security, Ministry of Foreign Affairs and Ministry of Education for Excellent Foreign Graduates of Universities to Be Employed in China”, some excellent fresh foreign graduates without working experience will be permitted to find a job in China. Foreign graduates of universities include foreign students who have obtained a master degree or above in the borders of China and graduated for less than a year, and foreign graduates who have obtained a master degree or above from a renowned university abroad and graduated for less than a year. Foreign graduates of universities should meet the corresponding requirements and be subject to the national quota management.

Case 1A foreign student A graduated from a renowned university of Hangzhou with a master degree, who invested RMB 2 million to run a business at the cross-border trade town of Hangzhou to promote the economic and social development of the town. The town highly recognized the professional ability of A and issued a letter of recommendation for A. The enterprise where A was working submitted an application for a work permit in the “administrative service system for foreigners working in China”. It started from the handling of an overseas notification of permit. After obtaining the work visa, it then proceeded with the work permit. When the materials were complete, A finally obtained a work permit for foreigners.

Case 2A foreign student B planned to engage in general administration work with a company of Hangzhou after graduation. The job was not high in content of technology and the pay was low. The employer submitted an application for a work permit in the “administrative service system for foreigners working in China”. The application was not approved according to the provision B in the classification standard of work permits for foreigners working in China issued by the State Administration of Foreign Experts Affairs.

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2.Can a general training agency employ a foreigner to take an administrative post?

Policy interpretation: 

According to the national principles of “encouraging high-end talents, controlling ordinary and limiting low-end talents” and requirements of the superior competent department, foreign professional talents (Class B) should be talents urgently needed in the economic and social development. If a general training agency plans to hire an applicant to take a mid-and-high-level administrative post, the applicant must provide work evidence related with the post, whose salary level should also be consistent with the post (referring to the relevant contents of Class B in the Classification Standard (Interim) for Foreigners Working in China). If the applicant is to take a general administrative post, the applicant is not a talent urgently needed by economic and social development. Therefore, the work permit will not approved.

Each employer is suggested to align itself to the national requirements and recruit foreigners that meet national requirements.

Case 1:Some training agency plans to employ a foreigner to take a general administrative post such as administrative specialist, marketing specialist or course consultant with a salary of 6,000 yuan per month. The employer submitted an application for a work permit for foreigners in China in the “administrative service system for foreigners working in China”, yet the application has not been approved.

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10988754 Answers of frequently asked questions on work permit for foreigners in China (I) public html

1. Can a fresh foreign graduate apply for a work permit in Hangzhou?

Policy interpretation:

 According to the RSB 2017 No. 3 document “Circular on Related Issues Concerning the Permission of the Ministry of Human Resources and Social Security, Ministry of Foreign Affairs and Ministry of Education for Excellent Foreign Graduates of Universities to Be Employed in China”, some excellent fresh foreign graduates without working experience will be permitted to find a job in China. Foreign graduates of universities include foreign students who have obtained a master degree or above in the borders of China and graduated for less than a year, and foreign graduates who have obtained a master degree or above from a renowned university abroad and graduated for less than a year. Foreign graduates of universities should meet the corresponding requirements and be subject to the national quota management.

Case 1A foreign student A graduated from a renowned university of Hangzhou with a master degree, who invested RMB 2 million to run a business at the cross-border trade town of Hangzhou to promote the economic and social development of the town. The town highly recognized the professional ability of A and issued a letter of recommendation for A. The enterprise where A was working submitted an application for a work permit in the “administrative service system for foreigners working in China”. It started from the handling of an overseas notification of permit. After obtaining the work visa, it then proceeded with the work permit. When the materials were complete, A finally obtained a work permit for foreigners.

Case 2A foreign student B planned to engage in general administration work with a company of Hangzhou after graduation. The job was not high in content of technology and the pay was low. The employer submitted an application for a work permit in the “administrative service system for foreigners working in China”. The application was not approved according to the provision B in the classification standard of work permits for foreigners working in China issued by the State Administration of Foreign Experts Affairs.

VCG41480585697.jpg


2.Can a general training agency employ a foreigner to take an administrative post?

Policy interpretation: 

According to the national principles of “encouraging high-end talents, controlling ordinary and limiting low-end talents” and requirements of the superior competent department, foreign professional talents (Class B) should be talents urgently needed in the economic and social development. If a general training agency plans to hire an applicant to take a mid-and-high-level administrative post, the applicant must provide work evidence related with the post, whose salary level should also be consistent with the post (referring to the relevant contents of Class B in the Classification Standard (Interim) for Foreigners Working in China). If the applicant is to take a general administrative post, the applicant is not a talent urgently needed by economic and social development. Therefore, the work permit will not approved.

Each employer is suggested to align itself to the national requirements and recruit foreigners that meet national requirements.

Case 1:Some training agency plans to employ a foreigner to take a general administrative post such as administrative specialist, marketing specialist or course consultant with a salary of 6,000 yuan per month. The employer submitted an application for a work permit for foreigners in China in the “administrative service system for foreigners working in China”, yet the application has not been approved.

VCG41480187760.jpg


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