Securing the legal right to work in China is a multi-layered process involving several government bureaus, including the Ministry of Human Resources and Social Security and the Exit-Entry Administration. In recent years, China has implemented a tier-based classification system to attract high-end global talent while strictly regulating the labor market.
At hirelawfirm.cn, we provide the legal clarity needed to navigate this transition smoothly.
1. The Three-Tier Classification System
China categorizes foreign workers into three tiers (A, B, or C) based on a points-based system or specific professional criteria:
Tier A (High-End Talent): Scientists, global executives, or those scoring over 85 points. Benefits include streamlined processing and extended permit durations.
Tier B (Professional Talent): Most expatriate employees fall into this category (Bachelor’s degree, 2 years of relevant work experience, and scoring over 60 points).
Tier C (Service/Temporary): Seasonal workers or individuals under government exchange programs (highly restricted).
2. The Step-by-Step Legal Process
The "Work Visa" is actually a three-part sequence. You do not simply "apply for a visa"; you must obtain the following:
Step I: Foreigner’s Work Permit Notification
The employer in China must apply for this online before the employee enters the country.
Key Requirements: Valid job offer, authenticated degree certificates, and a background-check (criminal record) from the employee's home country.
Step II: The Z Visa (Entry Visa)
Once the Notification is issued, the employee applies for the Z Visa at a Chinese embassy/consulate abroad. This is a 30-day single-entry visa designed solely to allow you to enter China to finalize your work permit.
Step III: The Work Permit & Residence Permit
Within 30 days of arrival in China:
Complete a mandatory health check at a government-designated clinic.
Obtain the physical Foreigner’s Work Permit (ID Card).
Apply for the Residence Permit (Work) at the local Exit-Entry Administration. This is the "sticker" in your passport that allows multiple entries.
3. Essential Legal Documentation
To avoid delays or denials, all documents must be legally prepared:
Degree Authentication: Diplomas must be authenticated by the Chinese Embassy in the issuing country or via the Hague Apostille (if applicable).
Non-Criminal Record (NCR): Must be issued by your country of nationality or long-term residence and authenticated.
Labor Contract: Must comply with the Labor Contract Law of the PRC, including specific clauses on salary, location, and social insurance.
4. Critical Compliance Risks (Employer & Employee)
As a law firm, we emphasize the "Red Lines" that can lead to fines, detention, or deportation:
Illegal Employment (Working on an L or M Visa): It is illegal to work in China on a Tourist (L) or Business (M) visa. Both the employer and the employee can be fined up to 20,000 RMB, and the employee may face deportation.
Working for a Different Entity: Your Work Permit is tied to a specific employer. Performing work for a different company—even if it is a sister company—without a formal permit update is considered illegal employment.
Position Mismatch: If your permit is for "Marketing Manager" but you are found to be "Teaching English," you are in violation of your visa conditions.
5. How HireLawFirm.com Protects Your Interests
The Z Visa process is fraught with administrative nuances. Our firm provides:
Eligibility Assessment: We pre-screen candidates to determine their Tier (A, B, or C) and point scores.
Contract Drafting: Ensuring your employment contract protects your rights under Chinese law regarding severance, overtime, and social security.
Dispute Resolution: Representing foreign employees in labor arbitrations regarding unpaid wages or wrongful termination.
Company Compliance: Helping foreign-invested enterprises (WFOEs) set up compliant hiring systems to avoid regulatory fines.
Conclusion
China offers vast professional opportunities, but "getting the paperwork right" is the foundation of your success. Do not leave your legal status to chance.
Planning to hire foreign talent or relocate to China for work?Contact our bilingual legal team atwww.hirelawfirm.cn for a comprehensive consultation.
