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As we all know, foreigners who work legally in China must obtain work permit and residence permit for work, But there are still many people who think they are legally allowed to work as long as they have a valid document, but there are still many people who think they are legally allowed to work as long as they have a valid permit or visa. In this installment, we have summarized some mistakes and incorrect understandings frequently made by applicants in the actual handling process.
Only the "Work Permit for Foreigners in China" has been applied for, but the residence permit for work has not been applied for as required
This usually happens after the applicant has held a long-term residence permit in China, such as a two-year or five-year residence permit for reunion, and has obtained a Work Permit for Foreigners in China. Due to the pressure of no visa expiration and busy work, it took a long time before they remembered. In addition, some people feel that the 5-year reunion residence permit is better than the one-year work residence permit, and they are not willing to exchange the short-term one. They think it is a residence permit anyway, and they have obtained the work permit, so it doesn't matter whether they exchange the residence permit or not.
Only applied for residence permit for work and have not applied for work permit
Some people apply for residence permit for work after they entering China with Z visa, without the pressure of visa expiration and unfamiliar with the policy, they do not continue to apply for work permit as required, only when they are told to show their work permit for the extended residence permit for work, they work out what the problem was.
Hold work permit and residence permit for work of Company A and work for Company B
Unlike Chinese employees, foreigners are not allowed to be dispatched. Applicants with a "tax commitment" are not allowed to pay even their personal income tax on behalf of a professional third-party service company and must pay it under the employer's own name.
There are many reasons for this situation. For example, Company B does not have the recruitment qualification (such as the school-running certificate), and the foreign employee can only be recruited through qualified Company A;Or A and B company has a high degree of association and so on, with the idea that it's all "family" anyway, and so on.
Hold work permit issued by Company A but residence permit for work issued by company B for employment
For example, foreigner leaves his job in Company B and goes to Company A, and Company A helps him with the work permit, but company B previously helped him get residence permit for five years, while Company A can only apply for residence permit for one year.
Note: according to the relevant regulations of the government, if the foreign employee goes through the employment procedures, he/she must work in the same employer, and both certificates must be held under the name of the same employer. Otherwise, it will be regarded as "illegal", and relevant parties will be punished according to illegal employment and illegal employment.
Work with an uncancelled domestic ID Card
Once had Chinese nationality, holding foreign passport and long-term visa to enter China (for example: 10 years to visit relatives, can stay 180 days at a time), because the household registration and identity card were not cancelled, still took the domestic identity card to work in China.China does not recognize dual nationality, and such a situation, once verified, is doomed to be punished. In fact, quite a few applicants are clear that their behavior is not legal, just for a variety of reasons, such as: want to keep the Chinese household registration (which may involve buying a house), or suspected to return to the country of nationality to issue no criminal trouble, etc. But it's a ticking time bomb, and it goes off at some point, and it leaves a lot of trouble.
Note: China does not recognize dual nationality, and those who enter the country with a foreign passport or visa but still work with their id card will also be considered "illegal", and the relevant parties will be punished according to illegal employment and illegal employment.