Dear all, this is my first post on this blog, and to tell the truth it is also the first time I participate actively in a discussion about China law, though I am a voracious reader of other professionals’ opinions. Today I arrived at Lehman, Lee & Xu, Beijing premises, for my very first day as Foreign Legal Counsel. I received a very warm welcome on board by Mr. Edward Lehman and his staff, hopefully I will contribute to the reputation of this firm and I will work hard to achieve our shared goals. The first thing I was worried about ( Mr. Lehman was worried too) was my “status.” In particular I holds a F visa and I cannot work with such a visa, in fact I need to change it into a Z visa.
As everybody knows, upon entering China, the foreign employee has to go to the entry and exit inspection and quarantine center to do a health check, but this is the easy part, after the employee obtains the health certificate, the employer has to go to the related Administrative Center for Employment of Foreigners to apply for a work permit. This is something which must be done with the cooperation of the employee if we want things to go smoothly. The procedure is quite complicated. Some guidance on how to obtain the so called Z visa for those who are not arrived in China yet is contained in the following web-site:
http://www.china-embassy.org/eng/hzqz/zgqz/t84245.htm
Basically, in order to obtain a Z visa you must meet the requirements as a ‘foreign expert’ and the employer must obtain a certificate stating that you comply with these requirements. Then it is necessary to submit an application consisting of a government issued Employment Permit and Visa Notification Letter. Among the documents you need to submit there is the original diploma from the university, original Reference Letters or experience letters issued by former employer to prove you have had more than two years work experience. Sometimes this requires more time you estimated because your previous employer does not reply immediately. Though the entire procedure can result laborious it is an interesting experience. However the other documents required for work permit are the following:
- Copy of the employment registration form of foreign employees in China (x2)
- Copy of the work license from the Labor Bureau
- Copy of labor contract
- Valid passport and visa (original)
- Copy of passport and visa
- Copy of health certificate
- 2-inch photo of employee (x3)
- Copy of the registration form of temporary residence
- Employee’s Chinese name (if applicable)
- Foreigner permit application IC card issued by the Labor Bureau
After the issuance of the work permit, the employee shall be able to go to Exit-Entry Administration Bureau of the local public security bureau to apply for their residence permit.
Documents required for residence permit
- Employment registration form of foreign employees in China
- Work permit (original)
- Visa and residence permit application form
- 2-inch photo of employee (x1)
- Original registration form of temporary residence and its copy
- Original passport and visa
- Original health certificate
- Letter of application from the employer with company stamp
- Original business license and a stamped copy
- Original corporate code certificate and a stamped copy
- Certificate of approval of business
Usually the entire procedure consists in the following steps:
-
Step 1: Undergoing a medical exam
-
Step 2: Application for Alien Employment License
(Ten (10) days, we are working at this step). -
Step 3: Application for Z Visa Notification Letters
(Five (5) working days) -
Step 4: Z visa application at Chinese Embassy in U.S.A
(processing time -
Step 5: Temporary residence registration/police registration
(within one working day) -
Step 6:
Application for a work permit
(Five (5) working days) -
Step 7:
Application for a residence permit
(within Ten (10) working days) -
Step 8: Update temporary residence registration/police registration
(within one working day)
Aliens should apply from
Chinese Embassies or Consulates
. Each Embassy or consulate has its own consular districts. Usually, applicants are required to lodge their application to the relevant Embassy or Consulate according to consular districts. For example, if you live in Idaho, you should submit application to
Chinese Embassy in USA
After reviewing the application, the Exit-Entry Administration Bureau of the local public security bureau will deliver the passport back to the employee with the residence permit affixed inside. Dear all, if you have any comments or suggestions concerning the obtaining of the Z visa I will be pleased to read them.
Cristiano Rizzi