1. First, Two Key Concepts: Stay and Residence

Before understanding the procedures for working in China, two concepts must first be distinguished: stay and residence. The two differ in their legal nature, the authority that handles them, and the rules on duration.

Stay: The duration of stay indicated on a foreigner's visa generally does not exceed 180 days. The visa holder stays in China on the strength of the visa and within the duration of stay indicated on it. If an extension of the duration of stay is needed, the application must be made to the exit-entry administration authority of the public security organ at or above the county level in the place of stay no later than seven days before the duration of stay expires (Article 29 of the Exit and Entry Administration Law of the People's Republic of China).

Residence: Where a foreigner's visa indicates that a residence permit is required after entry, the foreigner shall, within 30 days of entry, apply to the exit-entry administration authority of the public security organ at or above the county level in the place of intended residence for a Foreigner's Residence Permit (Article 30 of the Exit and Entry Administration Law).

The relationship between work and residence: Under Article 41 of the Exit and Entry Administration Law, foreigners working in China shall obtain a work permit and a work-type residence permit in accordance with the relevant provisions; no unit or individual may employ a foreigner who has not obtained a work permit and a work-type residence permit. In other words, for lawful employment in China, both the work permit and the work-type residence permit are indispensable.

2. Step One: Applying for a Work Permit

2.1 The Foreigner Work Permit System

Since April 1, 2017, China has implemented a nationwide, unified Foreigner Work Permit system (Notice of the State Administration of Foreign Experts Affairs, the Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs and the Ministry of Public Security on Comprehensively Implementing the Foreigner Work Permit System, Waizhuanfa [2017] No. 40). A foreigner who intends to work in China must first have the proposed employing entity located in China apply for a work permit on his or her behalf. Under this system, foreigners working in China are divided into three categories:

Foreign high-end talents (Category A): those who meet the orientation of "high-end, precise and urgently needed" talent and the market-demand orientation, and are high-end talents needed for China's economic and social development. There is no quantitative limit for them, and they are exempt from restrictions on age, educational background and work experience.

Foreign professionals (Category B): those who meet the Foreigner Work Guidance Catalogue and the requirements of the position, and are professionals urgently needed for China's economic and social development. They are determined according to market demand and specific conditions.

Other foreign personnel (Category C): those, other than the above two categories, who come to China for work. Quantitative limits apply in accordance with the relevant state provisions.

2.2 Applicant and Basic Conditions

The work permit application is filed with the "employing entity" as the applicant, that is, the employing entity located in China that intends to employ the foreigner registers and submits the application on the Foreigner Work Management Service System. The employing entity must have the corresponding qualifications and meet the subject conditions for employing foreigners.

The proposed foreign employee should generally be at least 18 years old, be in good health, possess the professional skills and corresponding work experience necessary for the job, and have no criminal record;

The position to be filled should genuinely require special expertise and a suitable domestic candidate should not be readily available, and the employment must not violate the relevant state provisions (see the Provisions on the Administration of Employment of Foreigners in China);

Category A high-end talents are exempt from the age, educational background and work experience restrictions.

2.3 Application Procedure

The work permit is applied for by the proposed employing entity on behalf of the foreigner, generally as follows:

Step 1: The employing entity registers on the Foreigner Work Management Service System, fills in the application information, and submits the application;

Step 2: Upon approval, the employing entity and the foreigner obtain the Notification of Foreigner's Work Permit.

2.4 Required Documents

Common documents for a work permit application include the foreigner's passport or other identity documents, proof of academic qualifications or professional qualifications (overseas academic qualifications usually need to be authenticated), a certificate of no criminal record, the employment contract, and the relevant qualification documents of the employing entity. Documents in foreign languages, in addition to those in Chinese, should generally be accompanied by Chinese translations. The specific document requirements may vary slightly among different local acceptance authorities; the current local requirements of the exit-entry administration or talent-work departments should prevail.

3. Step Two: Applying for a Work Visa (Z Visa)

3.1 Order of Steps: Obtain the Work Permit First, Then Apply for the Visa

The proper order for working in China is as follows: first, the employing entity located in China applies for a work permit and obtains the Notification of Foreigner's Work Permit; then, the foreigner applies to a Chinese embassy or consulate abroad for a Z work visa on the basis of that notification, and enters China on the Z visa. In other words, the work visa is premised on having completed the work permit procedures, and the order should not be reversed. After entry, the foreigner then applies for a work-type residence permit as described in Section 4 below.

3.2 Integration of the Work Permit with the Social Security Card (A Change Effective from December 2024)

According to the Notice of the Ministry of Human Resources and Social Security on the Integration of the Foreigner Work Permit and the Social Security Card, since December 1, 2024, the Foreigner Work Permit and the social security card have been integrated: physical Foreigner Work Permit certificates are no longer issued, and work permit information is instead loaded onto an electronic social security card. Applications for, extensions of, modifications to and cancellation of the work permit can all be handled entirely online on the Foreigner Work Management Service System. After entering China, foreigners may download the electronic social security card application to their mobile phones and, after real-name and real-person verification, obtain the electronic social security card with the work permit information loaded onto it. Those who previously obtained a physical Foreigner Work Permit are dealt with under the principle of "no change unless changed": when applying for an extension or modification, the new integrated procedure is followed.

4. Step Three: Applying for a Work-Type Residence Permit After Entry

4.1 Time Limit and Authority

After entering China on a work visa, if the visa indicates that a residence permit is required after entry, the foreigner shall, within 30 days of entry, apply to the exit-entry administration authority of the public security organ at or above the county level in the place of intended residence for a Foreigner's Residence Permit (Article 30 of the Exit and Entry Administration Law). What is applied for here is a formal residence permit, not merely a "registration".

An important distinction should be drawn here: foreigners in China are also required to complete "accommodation registration". Where a foreigner resides or stays at a place other than a hotel, he or she (or the host providing the accommodation) shall register with the public security organ of the place of residence within 24 hours of check-in; where staying in a hotel, the hotel handles the registration and reports the accommodation registration information (Article 39 of the Exit and Entry Administration Law). Accommodation registration is an obligation of residence registration, whereas a work-type residence permit is a residence credential issued upon application to the exit-entry administration authority within 30 days of entry. The two differ in nature and both must be completed; they cannot substitute for each other.

4.2 Validity Period

The validity period of a foreigner's work-type residence permit is at least 90 days and at most 5 years (Article 30 of the Exit and Entry Administration Law). The specific period is decided by the exit-entry administration authority of the public security organ based on the purpose of residence, the work permit situation and other factors.

4.3 Review Timeline

The exit-entry administration authority of the public security organ shall review and make a decision within 15 days of receiving the application materials, and shall issue a Foreigner's Residence Permit of the corresponding category and period according to the purpose of residence (Article 30 of the Exit and Entry Administration Law).

4.4 Function of the Residence Permit

Upon obtaining a work-type residence permit, the foreigner may lawfully work and reside in China within the period indicated on the permit. The work-type residence permit is the core credential for lawful employment and long-term residence in China and should be kept safely.

The work permit and the work-type residence permit differ in nature: the work permit is examined and approved by the human resources and social security (talent-work) department and determines whether a foreigner may be employed; the work-type residence permit is issued by the exit-entry administration authority of the public security organ and determines whether a foreigner may reside in China, and it is premised on a valid work permit. Under Article 41 of the Exit and Entry Administration Law, both are mandatory and indispensable.

5. Extension and Modification During Stay and Residence

Extending the duration of stay: where a foreigner staying on a visa needs to extend the duration of stay, he or she shall apply to the exit-entry administration authority of the public security organ in the place of stay no later than seven days before the duration of stay expires; if the reason for extension is reasonable and sufficient upon review, the extension is granted, provided that the accumulated extension does not exceed the duration of stay originally indicated on the visa (Article 29 of the Exit and Entry Administration Law).

Extending the duration of residence: a foreigner residing in China who applies to extend the duration of residence shall do so no later than 30 days before the validity period of the residence permit expires, by applying to the exit-entry administration authority of the public security organ at or above the county level in the place of residence (Article 32 of the Exit and Entry Administration Law).

Changing the employing entity: where a foreigner changes employer, the work permit and the residence permit generally need to be correspondingly modified; the work-type residence permit is premised on a valid and corresponding work permit and on the work actually performed, so after changing employer the foreigner should apply to the relevant authorities for modification in a timely manner.

Loss, damage or theft of the residence permit: the foreigner should report to the exit-entry administration authority of the public security organ in a timely manner and apply for a replacement or reissue, so as to avoid affecting lawful residence due to the invalidation of the permit.

6. Key Matters to Note and Risk Warnings

Illegal employment: where a foreigner engages in employment in China without having lawfully obtained a work permit and a work-type residence permit, this constitutes illegal employment, and both the foreigner and the employing entity may be dealt with according to law; employing entities shall not employ a foreigner who has not obtained a work permit and a work-type residence permit (Article 41 of the Exit and Entry Administration Law).

Overstaying stay or residence: failing to lawfully stay or reside within the period indicated on the visa or residence permit may constitute unlawful stay or unlawful residence and may give rise to corresponding legal liability; one should apply for an extension in a timely manner or leave China on time.

Linkage between the work permit and the residence permit: the work-type residence permit is premised on valid employment; where the work permit is cancelled, the labor contract is terminated or the employing entity changes, the residence procedures should be handled correspondingly in a timely manner to avoid the invalidation of the permit.

Handle the procedures in a timely manner: extensions and modifications of stay and residence are subject to statutory deadlines; applications must be made within those deadlines and should not be left until the last moment, so as to avoid overstaying due to the need to supplement documents.

Follow the current local requirements: document requirements, processing timelines and specific procedures may differ among localities; before applying, one should verify with the local exit-entry administration authority of the public security organ or the talent-work authority in charge, and consult a professional institution or lawyer when necessary.

Conclusion

The general order for a foreigner to lawfully work in China is as follows: first, the employing entity applies for a work permit and obtains the Notification of Foreigner's Work Permit; then, on that basis, the foreigner obtains a Z work visa and enters China; and within 30 days of entry, he or she applies for a work-type residence permit. The core combination is the "work permit plus work-type residence permit". It is recommended that foreigners and employing entities plan well before coming to China, understand in advance the specific requirements of the city where they intend to work, and handle extensions and modifications in a timely manner during the period of residence, so as to avoid unnecessary legal risks caused by incomplete procedures or overstaying. As each case differs, please consult a professional institution or lawyer in a timely manner when specific issues arise.

Disclaimer

This article is provided for general reference only and does not constitute legal advice. Specific conditions and procedures may vary due to local policies and individual circumstances; please refer to the currently effective laws, administrative regulations and the latest provisions of the relevant authorities, and consult a professional institution or lawyer based on your own situation.

Legal Basis

Exit and Entry Administration Law of the People's Republic of China 

Regulations of the People's Republic of China on the Administration of the Entry and Exit of Foreigners 

Notice on Comprehensively Implementing the Foreigner Work Permit System

Notice on the Integration of the Foreigner Work Permit and the Social Security Card 

Provisions on the Administration of Employment of Foreigners in China

For the latest official procedures and forms, refer to the National Immigration Administration of China. More guidance on working and living in China is available in our legal insights section.

Published: October 6, 2026

By Siqi Ma , Attorney at Law