New work permit policy will apply to Shanghai during November 2016 to March 2017. Such policy will expand to national wide in April 2017. The original "alien employment permit" and "foreign experts work permit" are integrated into the”work permit for foreigners to work in China”. New ranking policy will be applicable for foreigner’s application the work permit. The foreign employee will be divided into three classes as the foreign high-end talents (Class A, the encouraged level), the foreign professionals (Class B, the controlled level) and the common foreign staff (Class C, the restricted level).

The foreign high-end talents (Class A, the encouraged level) should meet one of the following conditions:

1. If he/she is enrolled in the domestic talent introduction program;
2. If he/she meets the requirement for the internationally recognized professional achievement standards;
3. If he/she meets the job needs encouraged by the market;
4. If he/she is recognized as the innovation and entrepreneurship in Shanghai ;
5. If he/she is recognized as the outstanding youth project;
6. If he/she has more 85 points according to the ranking table;

The foreign high-end talent to work in China can enjoy the following convenience:

1. The applicant has no restriction on the work age and experience;
2. The applicant has no requirement to provide paper materials verification before entry China;
3. The applicant can make written commitment for his/her no criminal record;
4. The timeline for application will be shorten by half;
5. If the applicant is enrolled in the domestic related talent program (A type of talent ONE), the applicant can make written commitment for his/her the required qualifications, professional skills or education background.

If the foreigner’s work purpose in China is meeting the working directory and the job requirement and he/she also meets one of the following conditions, he/she is regarded as the foreign professionals (Class B, the controlled level).

1. The applicant must have at least bachelor or the above degree and more than two-year relevant working experience;
2. If the applicant have the master or the above degree from the top 100 universities in China or abroad;
3. If the foreigner is the foreign language teacher, he/she should only teach his/her mother language. He/she should have the bachelor or the above degree in his/her mother country and has at least two-years working experience for language teaching;
4. If he/she has 60 to 85 points according to the ranking table

The common foreign staff (Class C, the restricted level) is applicable to the quota restrictions, covers the following person.

1. The foreigner who is employed under the special approval of the relevant administrative departments of the State Council or the agreement of the Chinese and foreign governments;
2. The internship or the foreign young trainee according to the agreement between the governments;
3. The foreigner who provide the housing service for the foreign high-end talent;
4. The offshore fishing labors and other foreign workers in special areas, the seasonal labor at China’s border and etc

Dongjin comments: the Chinese government welcomes foreign high-end talent to work in China. However, if the foreigner’s has the difficulty in apply the work permit according to the new policy but still want to have the work permit, to set up his/her own company may be a solution.

We advise that the foreigner should consult with the professional agent before his/her formal application to the labor bureau. Otherwise, it will bring more difficulty for the next application if he/she had left a rejection record.

If you have any questions, please send the email to me.

Ms. Jojo Hu

TEL: 0086-21-68868335 ext 324 / FAX: 0086-21-68868021

Email: jojohu@shanghaiinvest.com