Six Major Q&A on Matters Related to Online Approval for Foreigner’s Work Permit in China Version 4.0 to Attract Foreign Talents

With the strong support of the Ministry of Science and Technology and the State Administration of Foreign Experts Affairs, Shanghai is pioneering more open and more convenient policies for introducing foreign experts, giving full play to the autonomy of employers in selecting, evaluating and employing talents, reinforcing the employers’ major responsibilities in employing foreign experts, and creating a world-class business environment that facilitates such employment. Matters related to online approval (Version 4.0) are hereby interpreted, with highlights specified, in order to accelerate the building of Shanghai into a technological innovation center with global influence, in adherence to the guideline of General Secretary Xi Jinping at the celebration of the 30th anniversary of the development and opening-up of Shanghai’s Pudong New Area.

1.What are the favorable policies for foreign scientific and technological talents?

1. Further relax the limits in terms of age, academic degree or work experience
2. Implement a “Notice + Pledge” System for those with No Criminal Record
3. Allow foreign scientific and technological talents working in Shanghai to find part-time jobs
4. Support application for Confirmation Letter for Foreign High-end Talents by foreign researchers of research teams

2. How do foreign scientific and technological talents working in Shanghai apply for a part-time job?

Step 1

Only foreigners who have a Foreigner’s Work Permit in China and are qualified as “foreign scientific and technological talents” may work part-time in China. The part-time jobs shall be related to their full-time ones. The employers shall submit such application (templates are available at “Form Sheet” under “Work Permit for Foreigners Working in China” at http://www.sgst.cn/zt/wzck) based on the approval of the Science and Technology Commission of Shanghai Municipality ( Shanghai Administration of Foreign Experts Affairs).

Step 2

Before submission, it is necessary to obtain the consent of the original employers and sign a written tripartite agreement with the original employer and the part-time employer to clarify each party’s rights and obligations.

Step 3

The original part-time job application form and the original tripartite agreement shall be reviewed at the windows.

Cancellation: Once an application resigns, the work permit shall be cancelled and the part-time job shall be rendered invalid.

3.How is the scope of application extended of the Confirmation Letter for Foreign High-end Talents?

The scope of application of the Confirmation Letter for Foreign High-end Talents is further extended according to the Online Approval for Foreigner’s Work Permit in China (Version 4.0). Foreign researchers participating in national task forces and young foreign talents, including recent doctoral graduates from key disciplines such as science, engineering, agriculture and medicine, upon identification by the Science and Technology Commission of Shanghai Municipality (Shanghai Administration of Foreign Experts Affairs), may directly apply for the Confirmation Letter for Foreign High-end Talents according to relevant regulations, and may apply for an R visa with a validity period of up to 10 years. Their accompanying family members may also apply to an R visa with the same validity period.

4.What are the requirements for applying for and extending a Foreigner’s Work Permit in China by foreign innovative entrepreneurial talents?

To regulate innovative entrepreneurial talents in Shanghai, for foreign talents such as legal persons making investment or innovative entrepreneurship and small investors, after an enterprise is legally established, limits in terms of age, academic degree or work experience may be relaxed when they apply for their first work permit in China.

For foreign investors who have a physical office, their work permits in China may be extended based on the operating status, taxes, and social security payment of their companies. Foreign investors with virtual registration shall submit all documents required, including but not limited to operating status, taxes, and social security payment for an extension which is necessary according to the circumstances.

5.Who are qualified as foreign talents with special expertise?

To facilitate economic and social development in Shanghai and attract more foreign talents with special expertise to work in Shanghai, for those who are not up to the standards for Foreign High-end Talents (Category A) but meet one of the following three requirements, limits in terms of age, academic degree or work experience may be further relaxed. In principle, they shall be under 70. Those who are eligible may be granted a work permit valid for at least 2 years.

1. Hold a general foreign vocational qualification
2. Skilled talents urgently needed in Shanghai
3. Hold other international vocational qualifications

6. How is a foreign highly skilled talent determined?

Foreign skilled talents who hold senior foreign vocational qualifications that are included into management under the national vocational qualification system may directly work in Shanghai. Such qualifications include commercial and retail management certificate and business administration certificate (excluding international language certificates). For other certificates, refer to foreign vocational qualification certificate management platform (http://gjzsb.osta.org.cn/).

Foreign skilled talents who have expertise and rich practical experience in production and service positions, and are in line with the urgently needed  occupations for the development of major industries in Shanghai, after obtaining overseas skills certificates and with recommendation from competent authorities of the industries, may apply for a work permit. See the annex for the Urgently-Needed Skilled and Technical Professionals in Key Industries in Shanghai.

Talents holding other unspecified international vocational qualifications (such as ACCA certificate in financial management, and international football coaching qualification) will be determined based on their employers’ qualifications, the shortage in the industry, the specialization demonstrated by the certificate, and the talents’ work experience and competence, etc.

*The text is written in multi languages, and in case of any conflict, the Chinese version shall prevail.