Visas and Work Permits in China: A Quick Guide for Employers
Hiring or relocating non-local talent in China comes with its fair share of challenges. From securing the right work permits to complying with strict immigration and labor laws, every step demands precision to avoid costly mistakes. Language barriers, shifting regulations, and detailed documentation add layers of complexity, making it a daunting process for employers.
However, there’s good news: partnering with a Chinese Employer of Record (EOR) can make the entire process far more manageable. An EOR ensures compliance with local laws, handles work authorization, and minimizes the risks of managing foreign employees, allowing you to focus on building your team.
This guide will walk you through the essentials of China’s work permits and visas, covering everything from the types of permits available to the step-by-step process of securing one. I’ll also explore why working with an EOR is a smart choice for minimizing risks and streamlining the process of managing global talent in China.
Why is Compliance with Immigration Rules Important in China?
Compliance with immigration rules in China is not just a legal obligation—it’s essential for protecting your business from serious risks. Non-compliance can result in hefty fines, legal penalties, and even restrictions on your company’s ability to operate within the country.
Beyond the financial consequences, violations can attract ongoing scrutiny from government authorities and cause irreparable damage to your company’s reputation.
Adding to the challenge, China’s labor laws contain gray areas that can complicate matters further, particularly when it comes to remote work. While remote work arrangements have become increasingly common, there are few specific regulations in China governing this mode of employment. This lack of clarity creates the potential for fines, civil disputes, or even criminal liability if the proper processes and documentation are not in place.
Maintaining compliance requires navigating these uncertainties while staying on top of evolving regulations.
Who Can Legally Work in China?
Chinese citizens can work freely without requiring a work visa. Similarly, permanent residents of China typically have unrestricted rights to work, though certain provinces or cities may impose additional local requirements or restrictions.
For all non-nationals, obtaining a valid work visa is mandatory to legally work in China.
This applies regardless of the type of role or industry, ensuring that employers comply with immigration laws and avoid penalties.
Whether hiring foreign talent locally or relocating employees to China, securing the appropriate visa is a critical first step in the employment process.
Who Needs a Work Right-to-Work Check in China?
All non-national citizens require a Right-to-Work check to be employed legally in China. This involves verifying that the individual holds the appropriate work visa and meets all eligibility criteria under Chinese labor and immigration laws.
Additionally, before applying for a work visa, individuals must obtain a residence permit. Residence permits are typically region-specific, meaning they are issued for a particular province or city. This adds another layer of complexity, as employers must ensure compliance with local regulations in the region where the individual will be working.
Careful planning and adherence to these requirements are essential to avoid delays, complications, or penalties during the hiring process.
Understanding Work Visas and Permits in China
In China, all non-Chinese citizens must obtain both a work visa and a residency permit to live and work legally. While the two terms are often used interchangeably, they refer to different aspects of the employment process:
- Work Visa: This is an entry document that allows foreign nationals to travel to China with the intention of working. It is typically issued by a Chinese embassy or consulate in the individual’s home country and is required before entering China.
- Work Permit: Once in China, foreign nationals must obtain a work permit (sometimes called an employment permit). This document serves as official authorization for employment in the country and is issued by the Chinese government.
Together, the work visa and work permit are essential for legal employment in China. Additionally, individuals must secure a residency permit, which is necessary to live in the country and is often linked to their work permit.
Navigating this multi-step process requires a clear understanding of the requirements and timelines to ensure compliance with Chinese immigration laws.
Types of Work Visas in China
China offers several visa types based on the purpose and nature of employment. For work purposes, the most commonly issued entry visas are the Category R and Category Z visas, with the Category D visa being less common but still relevant for certain roles.
Category R Visa
The Category R Visa is designed for top-tier talent, such as individuals with specialized skills urgently needed in China’s key industries. Eligibility typically requires proof of expertise, such as high-level certifications or significant professional achievements, as well as an employer sponsor.
This visa is part of China's effort to attract and retain highly skilled professionals.
Category Z Visa
The Category Z Visa is the standard work visa for most foreign employees hired to work in China. It applies to individuals who meet China’s general employment requirements, including having a confirmed job offer, a bachelor’s degree or higher, and at least two years of relevant work experience.
This visa is the most widely issued for non-Chinese professionals across various industries.
Category D Visa
The Category D Visa is reserved for foreign nationals working on long-term, high-value investments or projects in China. Eligibility generally requires the individual to be involved in significant foreign direct investment or development work approved by Chinese authorities.
While less common, this visa plays a critical role in large-scale business ventures.
What are the Eligibility Requirements for Work Visas in China?
The eligibility requirements for work visas in China vary based on the type of visa. Below are the key criteria for each.
Category R Visa Requirements
- The applicant must possess specialized skills that are urgently needed in China’s key industries.
- Demonstrated expertise through certifications, professional achievements, or leadership roles in their field.
- Sponsorship by a Chinese employer or government entity for a high-priority position.
Category Z Visa Requirements
- A confirmed job offer from a registered employer in China.
- A bachelor’s degree or higher in a relevant field.
- At least two years of professional work experience in the field related to the job.
- A clean criminal record and a valid medical checkup.
Category D Visa Requirements
- Involvement in a long-term, high-value investment or major development project approved by Chinese authorities.
- Proof of the project’s significance to China’s economic or infrastructure goals.
- Sponsorship by a Chinese organization managing the investment or development.
How to Apply for a Work Visa in China
Applying for a work visa in China involves several steps, each requiring careful attention to detail to ensure compliance with regulations. Here’s an overview of the application process:
- Secure a Job Offer: Obtain a formal job offer from a registered Chinese employer who can sponsor your work visa application.
- Obtain a Notification Letter of Foreigner’s Work Permit: The employer applies for this document through the relevant Chinese authorities on behalf of the employee.
- Apply for a Z or R Visa at a Chinese Embassy/Chinese Consulate: Submit the notification letter along with other required documents (e.g., passport, completed visa application form, passport photos, and proof of qualifications).
- Enter China: Once the work visa is approved, travel to China within the validity period of the visa.
- Apply for a Foreigner’s Work Permit: Within 15 days of arrival, your employer submits your documents to the Ministry of Human Resources and Social Security to obtain this permit.
- Convert to a Residence Permit: Apply for a residence permit at the local Public Security Bureau (PSB) within 30 days of entering China. This permit allows you to live and work legally in the country.
By following these steps carefully, both employers and employees can ensure a smooth and compliant transition into China’s workforce.
Use an EOR to Avoid Immigration Compliance Stress
Navigating China’s immigration and labor laws can be a complex and time-consuming process, but partnering with an Employer of Record (EOR) can make it significantly easier.
An EOR is a third-party organization that acts as the legal employer for your overseas workforce while you maintain control of day-to-day operations. They’re staffed with foreign experts who handle critical tasks like ensuring compliance with Chinese immigration and labor laws, assisting with work permit and visa applications, and managing global payroll processing.
Using an EOR offers several key benefits:
- Compliance Monitoring: EORs stay up-to-date with China’s evolving legal requirements, ensuring your business remains compliant with local labor and immigration laws.
- Risk Mitigation: By offering misclassification insurance coverage, EORs protect your business from costly legal disputes related to worker classification issues.
- Streamlined Work Authorization: EORs provide expert guidance on obtaining work permits and visas, ensuring a smoother, faster process for hiring foreign employees.
- Global Hiring Expertise: With deep knowledge of local regulations and best practices, EORs make it easier to hire international talent while avoiding administrative headaches.
- Peace of Mind: By handling the complexities of compliance and payroll, an EOR allows you to focus on growing your business and managing your team without unnecessary stress.
By leveraging an EOR, companies can simplify the process of hiring or relocating talent in China while ensuring they meet all legal obligations, protecting both their business and employees.
Best Employer of Record Services in China
If you’re ready to use an EOR service in China, these are my top 10 recommendations:
Frequently Asked Questions
Below are answers to common questions about Chinese visas and work permits.
Can a company sponsor an employee’s work visa application in China?
Yes, a registered company in China can sponsor an employee’s work visa application. The employer is responsible for obtaining a Notification Letter of Foreigner’s Work Permit and assisting the employee in completing the required steps to secure their visa and work permit.
Does China offer a digital nomad visa?
No, China does not currently offer a digital nomad visa. Foreign nationals must obtain a valid work visa, such as a Category Z or R visa, to legally work in the country, even if working remotely.
How long does it take to get a work visa in China?
The processing time for obtaining a work visa in China typically takes 2 to 3 months. This timeline includes securing the Notification Letter of Foreigner’s Work Permit, applying for the visa at a Chinese embassy or Chinese consulate, and completing the work and residence permit applications after arriving in China.
What documents are required for a work visa application in China?
The following documents are typically required for a work visa application in China:
- A valid passport with at least six months’ validity and blank pages
- A completed Chinese visa application form and recent passport-sized photo
- A Notification Letter of Foreigner’s Work Permit from the employer
- Proof of qualifications, such as a degree certificate or professional certifications.
- A clean criminal background check
- A medical examination report, if required
Additional documents may be requested depending on local regulations or the specific type of visa.
How much does it cost to get a work permit in China?
The cost of obtaining a work permit in China varies depending on factors like the type of visa, processing fees, and local administrative charges. On average, fees can range from $100 to $200 USD for application and processing, excluding additional costs for document notarization, medical exams, or service fees from third-party providers.
How do you renew a work visa in China?
To renew a work visa in China, the employee must work with their employer to submit a renewal application before the visa expires. The process typically involves providing updated documents, such as proof of continued employment, a valid work permit, and a medical check if required.
Renewals are handled by the local Public Security Bureau (PSB) and should be initiated well in advance of the expiration date to avoid complications.
Are family members included in work visa applications in China?
No, family members are not included in the primary work visa application. However, dependents, such as spouses and children, can apply for an S1 or S2 visa to join the work visa holder in China.
These visas allow family members to reside in China, with the duration and conditions depending on the primary visa holder’s status.
How much does an Employer of Record charge in China?
The cost of an EOR in China varies depending on factors like the complexity of compliance requirements, payroll processing, and additional administrative support.
In general, EOR services in China cost between $199 to $2,000 per employee, per month, or 10% to 20% of the employee’s gross salary, per month.
Some EOR service providers, like Skuad and Remofirst, offer services starting at $199 USD per employee per month, whereas others, like Remote, charge between $599 and $699 USD per employee per month, depending on your payment frequency (monthly or annually).
Other EOR companies, such as Velocity Global, don’t actually disclose their EOR prices publicly, requiring you to request a personalized quote instead.
I recommend consulting directly with several providers to obtain detailed EOR pricing information tailored to your company’s requirements.
What are the risks of using an Employer of Record service?
While an EOR can streamline compliance and hiring, potential risks include reliance on a third party for legal adherence, which requires trust in the EOR’s expertise. Mismanagement by the EOR, such as errors in payroll or tax compliance, could still expose your company to fines or legal issues.
To mitigate EOR risks, it’s essential to select a reputable EOR partner with a strong track record and clear service agreements.
The Bottom Line
Navigating work visa and permit requirements in China is no small feat, especially with the complexities of compliance and evolving regulations. Whether you’re considering an Employer of Record to simplify the process or planning to handle it in-house, ensuring compliance should remain a top priority to protect your business and employees.
For many companies, partnering with an EOR offers peace of mind, as they handle everything from visa applications to payroll compliance, leaving you free to focus on building your team.
As a next step, assess your hiring needs and explore whether an EOR is the right solution for your business expansion in China.
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This content is for informational purposes only, and should not be relied upon as legal advice. We recommend always following the advice of an employment lawyer or EOR partner before making any decisions to hire employees in China.
