Written by Brad Shu, Partner, DHH Law Firm Shanghai · All articles are informational only — not legal advice
People & Visas

Work Permits and Visas for Foreign Employees in China: The 2026 Process

How a foreign employee legally works in China — the work permit (Class A/B/C), the Z visa, and the residence permit — plus timelines, degree legalisation, and the employer's own qualifications.

TL;DR — the essentials

  • Working legally requires three documents in sequence: the employer's notification of work permit, a Z visa stamped abroad, then a work permit card and residence permit inside China.
  • Points decide your class: Class A (85+ points) is fast-track, Class B is the standard professional track (bachelor's degree plus two years' experience is the baseline), Class C is quota-controlled.
  • Degree and no-criminal-record documents must be notarised and legalised (or apostilled in Hague countries) — start this before the employee leaves home.
  • The employer must itself qualify: a registered entity with the legal capacity to hire foreigners; rep offices must route hiring through licensed agencies.
  • Expect 1–3 months end to end; working on the wrong visa is an immigration violation with real penalties for both employee and employer.

Three documents, in order

Hiring a foreign employee in China is a sequence, and the order is fixed. Each document is a prerequisite for the next:

1. Work permit notification (外国人工作许可通知) — applied for online by the employer before the employee applies for any visa. Approval is a PDF notice with a barcode.

2. Z visa — the employee applies at a Chinese embassy or consulate abroad with the notification, passport, and physical exam record. The Z visa is an entry document only; it is not authorisation to work by itself.

3. Work permit card + residence permit — within China, after entry: the physical work permit card is issued, then the employee applies for a work-type residence permit at the local exit-entry administration. This is the document that lets them live (and lawfully work) in China for 1–5 years.

The sequence
Step Document / act
1 Employer obtains work permit notification
2 Employee gets Z visa abroad (1–2 weeks typical)
3 Entry to China
4 Work permit card issued (within China)
5 Residence permit issued (1–4 weeks; passport held during processing in many cities)
Total 1–3 months from start to finish

Points and classes: who qualifies

The work permit classification is points-based:

  • Class A (85+ points) — encouraged: senior executives, high earners (salary 6×+ the local average wage), PhD holders, recognised talent. Fast-track processing, longer permit validity, fewer document requirements.
  • Class B (60–84 points) — the standard professional track. The practical baseline: bachelor’s degree plus two years of relevant work experience, often with age and salary components added. Most foreign employees land here.
  • Class C (<60 points) — quota-controlled: seasonal labour, certain language teachers under programmes, short-term project workers.

Two common pitfalls on qualification: language teachers need a degree plus TEFL certification plus (in many cities) two years’ experience — native English alone is not a qualification; and the “two years’ experience” for Class B is counted after graduation and must be evidenced by reference letters, which take time to obtain from former employers.

The document package

For the employee:

  • Degree certificate — notarised + legalised, or apostilled (Hague countries since November 2023)
  • No-criminal-record certificate from the home country (or longest recent residence) — same legalisation chain, and typically only valid 6 months from issue
  • Physical examination record at a designated clinic (can be done in China after entry on the Z visa)
  • Passport (6+ months validity), photos, employment contract or appointment letter

For the employer:

  • Business licence, chops, and legal representative documents
  • Registration on the work permit management system (Service System for Foreigners Working in China)
  • Social insurance and housing fund accounts (foreign employees must generally be enrolled; totalisation agreements — e.g. with Germany, Japan, Korea, and a dozen others — can exempt some home-country contributions)

Employer-specific rules that surprise people

  • Rep offices cannot hire directly. A representative office must engage foreign staff through a licensed labour dispatch agency — one more reason rep offices suit liaison, not operations.
  • The permit ties the employee to the employer and city. Changing employers requires a new permit application; the process is lighter than the first application but is not a formality — the employee cannot resign and start elsewhere the next day.
  • Termination has immigration consequences. When employment ends, the employer must cancel the work permit; the residence permit follows. The practical exit window is short — plan departures as carefully as arrivals.

Practical timeline planning

Start document legalisation (degree, police certificate) in the home country before recruiting closes — that is the longest and least controllable lead time. Employers in a hurry should check whether the candidate qualifies for Class A processing, and whether their city offers the integrated “one-stop” work-and-residence-permit window (available in Beijing, Shanghai, Shenzhen, and a growing list of cities), which compresses steps 4–5 considerably.

Frequently asked questions

Can a foreign employee start working on a business (M) visa while the permit is pending?
No. Any work — including unpaid work, on-site management, and client meetings that amount to working — before the work permit and residence permit are in place is illegal employment. The penalties include fines on the employer (per illegal worker), repatriation of the employee, and in serious cases detention. Sequence the arrival around the process.
What is the difference between the work permit and the residence permit?
The work permit (issued by the science and technology / human resources authorities) authorises employment; the residence permit (issued by the exit-entry administration of the police) authorises long-term stay. Both are needed and both cite each other — the residence permit application requires the work permit, which is why the sequence cannot be skipped or reordered.
My employee's degree is from overseas and their home country is in the Hague Apostille Convention — do I still need consular legalisation?
Since China joined the Apostille Convention (effective November 2023), documents from member states need only an apostille, not consular legalisation. This significantly shortens document preparation for employees from the US, UK, EU, Japan, Australia, and most other major home countries. Non-member states still require the full consular chain.

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Brad Shu

Partner at DHH Law Firm Shanghai · Formerly Squire Sanders, Morrison Foerster & Jingtian Law Firm · Hangzhou Normal University (B.A. Biology) · Tsinghua University (LL.B.)

Brad Shu is a partner at DHH Law Firm Shanghai and has practiced Chinese law for two decades, including ten years at the Beijing offices of US firms Squire Sanders and Morrison Foerster, and several years at Jingtian & Gongcheng.