Guide to Foreign High-end Talents (with R Visa) in China for Application for Foreigner’s Work Permit
(working in China above 90 (excluding) days)
u Applicable Objects
l Basic Requirements for Employers
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.
l 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. The applicant has gotten the Confirmation Letter for Foreign High-end Talents and has entered China with R visa.
3. The laws and regulations which have special provisions, if any, for the employment of foreigners in China shall prevail.
u Law Bases
1. Administrative License Law of the People’s Republic of China.
2. Article 41 under the Exit and Entry Administration Law of the People’s Republic of China: Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.
3. Article 16 under The Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners: To apply for a work-type residence permit, the applicant shall submit such certification documents as a work permit; in the case of a person of high-end talent who is needed or, a specialist who is urgently needed, by the State, the applicant shall submit relevant certification documents in accordance with relevant provisions.
4. Notice of the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security on Issuing the Implementation Measures for Foreign Talent Visas (No. 218  of the State Administration of Foreign Experts Affairs).
u Requirements for Documents Provided
1. All paper versions of original documents and the translated versions must be electronically uploaded to the Service System for Foreigners Working in China.
2. Non-Chinese credentials shall be translated into Chinese and stamped with the official seal of the inviting employer (except for passports and international travel certificates).
u Documents Required
1. Application Form for Foreigner’s Work Permit in China: Fill in the online application - print it out - send to the applicant for signing – stamp it with the employer’s seal - upload it to the system.
2. Certificate of physical examination: A certificate of verification on physical examination record for foreigners issued within six months, or a certificate of health examination issued within six months, by China’s inspection and quarantine authority, shall be provided.
3. 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, 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.
4. Work Qualification Certificate: For Foreign High-end Talents (Category A) up to the Classification Criteria for Foreigners Working in China who (III) fulfill the market-oriented demand for encouraged jobs; (IV) are innovative entrepreneurial talents; (V) are excellent young talents, the relevant credentials shall be provided.
5. The highest degree (academic qualification) certificate: Applicants who are (V) excellent young talents in accordance with foreign high-end talents (Category A) in the Classification Criteria for Foreigners Working in China shall provide the required credentials.
6. 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.
7. Applicant’s valid R visa: R visa page and the latest entry signature page of the passport (or of the international travel certificate).
8. 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.
9. Other documents: Documents provided as required by the reception authority or the decision-making authority.
1. The applicant who has gotten the Confirmation Letter for Foreign High-end Talents and has entered China with R visa can apply for Foreigner’s Work Permit online, and no paper documents shall be submitted for verification.
2. When applying for Foreigner’s Work Permit, there is no need to resubmit those documents submitted before in the Service System for Foreigners Working in China to apply for the Confirmation Letter for Foreign High-end Talents.
3. The reception authority or the decision-making authority may request the employer to submit corrected version if there is any discrepancy between the Chinese translation and the original.
4. Policy Release
For policies, guides, and some sample forms and commitments for Foreigner’s Work Permit in China, please refer to the website of Shanghai Municipal Administration of Foreign Experts Affairs at http://shafea.sh.gov.cn and the website of Shanghai R&D Public Service Platform at http://www.496768.com
5. Those professional service agencies authorized shall submit the Letter of Authorization of the employer, in which the authorized entity, the authorized person and his/her ID number and telephone number, and the authorized matters shall be clearly specified. That is, the professional service agency, the authorized person and the corresponding authorized matters shall be clearly specified.
u Examination and Approval Period
1. Preliminary review:
Five working days (for preliminary review and reception, after the complete and qualified documents are submitted)
2. Review period:
Three working days (after the documents are accepted online)
In case of special circumstances requiring an extension of time limit, the reception authority or the decision-making authority shall handle the matter as appropriate.
u Reception way and time
l Reception way
1. Reception at the window
Reception Department: Shanghai R&D Public Service Platform (Shanghai Scientific and Technological Talents Development Center/Shanghai Service Center for Foreigners Working in China)
Address: 1F 77 Meiyuan Road Jing’an District
3F 1500 Minsheng Road Pudong New Area
For other sites, please refer to the list of names and addresses of the handling authorities (at the website of Shanghai Municipal Administration of Foreign Experts Affairs http://shafea.sh.gov.cn and the website of Shanghai R&D Public Service Platform http://www.496768.com)
2. Online reception
Please directly access to the Service System for Foreigners Working in China http://fwp.safea.gov.cn; or access to it via the government affairs service platform of the Ministry of Science and Technology at https://fuwu.most.gov.cn
l Reception time
窗口受理时间 / Window reception time:
周一至周四 / Monday to Thursday
周五 / Friday
取号时间 / Number taking time:
周一至周四 / Monday to Thursday
周五 / Friday
This Instruction is made and executed in both Chinese and English. In case of any discrepancy between the two languages, Chinese version shall prevail.