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Foreign Staff Transfer Process Guide in China

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Foreign Staff Transfer Process Guide in China

As the "Golden March and Silver April" recruitment peak arrives, the mobility of foreign talents has entered an explosive period. Many HR professionals finally secure high-quality foreign candidates, only to stumble in the transfer process—poor connection between work permits and residence permits, chaotic procedures, and incorrect time management not only lead to delays in candidates' onboarding or even loss.

Compared with the onboarding of ordinary employees, the core difficulty in transferring foreign employees lies in "compliance connection", especially the handling processes and time nodes of work permits and residence permits, which admit no negligence. From the perspective of HR practice, we focus on the entire transfer process, key time nodes and core precautions to clarify the logic and quickly establish a standardized transfer process.

Standardized Handling Process

The core of foreign staff transfer is "canceling the original permit → applying for a new permit → changing the residence permit → completing onboarding". Each step has clear requirements and is indispensable:

Step 1: Preliminary Verification to Lay a Solid Compliance Foundation (Before Onboarding)

Before issuing an offer, it is imperative to complete two core verifications to avoid risks from the source:

Verify the status of the candidate's original work permit: Confirm that the candidate has terminated the labor relationship with the original employer and that the original employer has completed the cancellation procedures of the Foreigner's Work Permit in accordance with regulations (if not canceled, the application for a new permit cannot be initiated);

Verify the completeness of the candidate's materials: Check core materials such as the certificate of no criminal record, medical examination certificate, passport, and academic certificate in advance to confirm that the materials are true, valid and meet the requirements of local policies, so as to avoid delays in approval due to material problems later.

Step 2: Cancel the Original Work Permit (Within 10 Days After Resignation)

This link is led by the original employer, and HR needs to take the initiative to remind the candidate to connect with the original employer to ensure timely completion.

The original employer shall submit a cancellation application to the local foreigner work management department within 10 days after the employee resigns to cancel the original Foreigner's Work Permit.

HR shall follow up the progress synchronously, obtain the cancellation receipt, and confirm the completion of the cancellation to avoid affecting the subsequent application for a new permit due to delayed cancellation.

Step 3: Apply for a New Foreigner's Work Permit (After Completion of Cancellation)

After the cancellation of the original permit is completed, HR shall immediately apply for a new Foreigner's Work Permit for the candidate, and the process is as follows:

Prepare application materials: Including the company's qualification certificate, employment contract, and the candidate's personal materials (passport, medical examination certificate, certificate of no criminal record, etc.);

Submit the application online: Log in to the local foreigner work management service platform, fill in the information, upload the materials, and submit the application for review.

Follow up the approval progress: Check the review status in a timely manner and improve the materials as soon as possible if supplementary materials are required to ensure the smooth progress of the approval.

Step 4: Change the Work-Related Residence Permit (After the New Permit is Approved)

After the new Foreigner's Work Permit is approved, the residence permit information shall be updated synchronously to ensure that "the information of the two permits is consistent":

HR assists the candidate in preparing the change materials: Original new work permit, passport, original residence permit, photos, etc.

Submit a change application to the local entry-exit administration department to handle the update of residence permit information.

Collect the changed residence permit, confirm that the employer information is consistent with the new employer, and then the transfer process is fully completed, and the candidate can officially start work.

Core Precautions

Based on practical experience, HR is most likely to step on pitfalls in materials, policies and time connection during the transfer process. The following 3 types of precautions must be kept in mind to adhere to the compliance bottom line and improve efficiency:

(1)	Material-Related Precautions The core materials required for foreign staff transfer have clear validity periods. If they expire, they need to be re-handled, which directly lengthens the process. Focus on 3 types of materials: Certificate of No Criminal Record: Valid for 6 months from the date of issuance, which needs to be notarized and authenticated. It needs to be re-handled if it expires. Medical Examination Certificate: Valid for 6 months from the date of the medical examination. Some cities require physical examinations in designated hospitals. Confirm local requirements in advance to avoid invalid medical examination reports. Passport: The validity period must exceed 6 months. If the passport is about to expire, remind the candidate to renew it in advance, otherwise no permit procedures can be handled.
(2)	Time Connection Precautions Strictly adhere to the "10-day cancellation" bottom line: The original employer must complete the cancellation of the original work permit within 10 days after the employee resigns, and HR must follow up the whole process to avoid delay. Deal with the gap period: If the original work-related residence permit cannot relate to the new work permit, remind the candidate to apply for a "stay period" (usually 30 days) from the entry-exit administration department in a timely manner, or leave the country temporarily to avoid illegal residence and illegal employment.
(3)	Policy-Related Precautions Reject the misunderstanding of "unified national policies": The policy on work permits and residence permits in each city in China have slight differences. When transferring across cities, do not directly apply the process of City A to City B. Consult the relevant local departments in advance. - Take advantage of policy dividends: At present, Guangzhou and Foshan have realized mutual recognition of work permits, and the transfer process across Guangzhou and Foshan can be simplified. Other cities have not been fully connected, so it is necessary to verify the local policies in advance for cross-city transfer.

The efficient introduction and smooth transfer of foreign talents reflect the professional capabilities of HR and are even more important guarantees for companies to attract high-quality foreign talents. If you encounter complex problems during the transfer process, you can also seek help from professional institutions, which can efficiently solve various issues such as the connection of work permits and residence permits with their professional capabilities and rich experience.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

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Foreign Staff Transfer Process Guide in China

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