In accordance with relevant regulations, the main investor or the legal representative of an enterprise, not directly involved in the operation and management of the enterprise, may not apply for a Work Permit in China. In the case that the main investor or legal representative of the enterprise participates in the operation and management and meets the criteria for Category A and Category B of the Evaluation Criteria for Foreigners Employed in China, he/she can apply for a work permit, and the restriction on age can be appropriately loosened in accordance with relevant regulations. In the case that the main investor of the enterprise in the business incubation period doesn’t meet the criteria for Category A and Category B of the Evaluation Criteria for Foreigners Employed in China, he/she can apply as the Category C foreigner for the first time and the valid time for the Work Permit shall be one year. Materials certifying the actual operation of the enterprise shall be submitted to apply for an extension of the work permit, including but not limited to the Proof of Employees’ Social Security paid in the previous year, the Annual Audit Report of the Enterprise issued by an accounting firm, and related bills of the main business, etc. Extension shall not be granted in the case of no actual operation of the enterprise.
For the foreign fresh graduate who has obtained a bachelor's degree or above from a high-level foreign (overseas) university (subject to the List of top 500 universities in the world on the homepage of the Management and Service System for Foreigners working in China), and a fresh international student who has obtained a bachelor's degree or above from a key domestic institution of higher education (subject to the list of first-class universities and disciplines of the world announced by the Ministry of Education) or institutions of higher education in Tianjin, in the case that he/she is engaged in teaching in his/her mother tongue, refer to the "Foreign language teachers" criteria stated in Evaluation Criteria for Foreigners Employed in China (for trial implementation); in the case that he/she is engaged in other jobs, apply for a Work Permit based on the criteria “Foreign specialized talents with a bachelor's degree or above and at least 2 years of relevant working experience”. The "Proof for Work Experience" can be exempt from the application materials.
No age limit is imposed on foreign high-level talents to apply for a work permit. According to the Circular of Tianjin Municipal Bureau of Human Resources and Social Security and Tianjin Municipal Administration of Foreign Experts Affairs on Further Improving the Business Environment to Encourage and Support Foreign Talents to Come to Invest, Start Businesses and Work in Tianjin (Jin Ren She Ban Fa (2018) No. 258), for a foreign talent who invests and starts businesses in Tianjin, serving as the legal person or General Manager, staying in good health and having no criminal record, if filing an application personally, the age limit for him/her can be extended to 70 years old if he/she is a foreign investor in a micro enterprise; the age limit for foreign investors in a small enterprise can be extended to 75 years old. For the intermediate and senior management or professional and technical foreign talents that indeed need to be introduced to the enterprises and institutions in our city, the age limit can be extended to 65 years old. The over-age applicant (over 60 years old) shall submit his/her medical certificate, letter of health guarantee issued by the employing unit and social security or commercial insurance certificate, in addition to the general materials mandatory for the application of a work permit. In principle, other applicants cannot exceed 60 years old.
The expiry date of a Work Permit cannot exceed the valid period of a foreigner's contract, passport, representative card, various enterprise licenses, industry licenses, etc. High-level foreign talents (Category A) can be granted a work permit with a maximum valid period of no more than 5 years, and foreign specialized talents (Category B) can be granted a work permit with a maximum valid period of no more than 2 years. Other foreign talents (Category C) can be granted a work permit with a maximum valid period of no more than 1 year.
The foreigners listed in the Tianjin Municipal Catalogue of Urgently-Needed and shortly-supplied Foreigners Working in China can get extra 10 points as the incentive extra points at maximum; and for other positions, if demanded, can get extra 5 points as the incentive extra points at maximum at the request of the employing unit.
The employing unit is allowed to entrust a specialized service agent that has been registered in the "Management and Service System for Foreigners Working in China" to apply for a Work Permit. In the case of an entrustment to a specialized service agent, a letter of authorization issued by the employing unit shall be submitted, specifying the entrusted entity, the specific entrusted person, and the entrusted particulars, and filling in the entrusted person’s ID number and contact information; that is, "one person, one particular, and one entrustment". The specialized service agent can be entrusted to handle the application, extension, change, cancellation, and reissue of work permits for foreigners working in China.
According to the Circular of the Organization Department of the CPC Central Committee, the Ministry of Human Resources and Social Security, the Ministry of Public Security and 22 Other Government Authorities on Printing and Distributing the Measures for Relevant Entitlements of Foreigners with Chinese Permanent Residency (Ren She Bu Fa (2012) No. 53), the foreigner holding an Alien's Permanent Residence Permit is exempt from applying for a Work Permit. If an application is required, following materials shall be submitted: an Application Form for a Work Permit for a Foreigner Coming to China, an employment contract or a certificate of appointment (dispatch letter); the applicant's passport or international travel certificate; the full-faced and bareheaded photo of the applicant within 6 months; and the Alien’s Permanent Residence Permit.
If the applicant who has obtained the Work Permit Notice isn’t going to work in Tianjin for any reason, the employing unit shall explain the reason for cancellation in writing, submit an application for canceling the Work Permit Notice in the System, and then cancel the Work Permit Notice on receiving the review results. Within 4 months from the date of issuance of the Work Permit Notice, if the employing unit fails to submit an application for a Work Permit in the System, the Work Permit Notice will be automatically canceled, and the employing unit does not have to handle the cancellation application.
Copyright © 2024 Tianjin Municipal People's Government. All rights reserved.
Copyright © 2024 Tianjin Municipal People's Government. All rights reserved.