Guide to Cancellation
of the Work Permit
for Foreigners in China

I. Law Bases

1. Administrative License Law of the People’s Republic of China.

2. Article 41 under the Exit and Entry Administration Law of the People’s Republic of China: Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.

3. Article 7 under The Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners: To apply for the R visa, the applicant shall meet the qualifications and requirements set by the competent authorities of the Chinese government for inviting persons of high talent or urgently needed specialists, and the applicant shall, in accordance with relevant provisions, submit the relevant certification documents; To apply for the Z visa, the applicant shall, in accordance with relevant provisions, submit the work permit and other certification documents. 

Article 16: To apply for a work-type residence permit, the applicant shall submit such certification documents as a work permit; in the case of a person of high talent who is needed or, a specialist who is urgently needed, by the State, the applicant shall submit relevant certification documents in accordance with relevant provisions.

4. Letter of Opinions on the Integration of Work Permit for Foreigners by the Office for Administrative Examination and Approval System Reform under State (SGBH < 2015>No.95).

II. Requirements for Documents Provided

1. All paper versions of original documents and the translated versions must be electronically uploaded to the Service System for Foreigners Working in China.

2. Non-Chinese credentials shall be translated into Chinese and stamped with the official seal of the employer.

3. Originals and copies (in A4) of all documents shall be submitted to the reception window for verification (originals) and collection (copies).

 

III. Documents Required

Documents Required for cancellation of the Work Permit for Foreigners due to the dissolution of employment and termination of contract:

1. Application Form for Cancellation of Foreigner’s WorkPermit: Fill in the online application – print it out – send to the applicant for signing-stamp it with the seal-upload it to the system.

2. Credentials for the dissolution of employment and termination of contract or other causes related to cancellation: In the event of dissolution of employment and termination of contract, the signatures of both the employer and the applicant are required; if the applicant resigns arbitrarily and the employer cannot contact with the applicant, the employer shall submit a description of cancellation.

3. Work Permit for Foreigners.

4. Other documents: Documents provided as required by the reception authority or the decision-making authority.

Documents Required for cancellation of the Work Permit for Foreigners due to nationality change:

1. Application Form for Cancellation of Foreigner’s WorkPermit: Fill in the online application – print it out – send to the applicant for signing -stamp it with the seal-upload it to the system.

2. Passport or international travel certificate: Information page of the passport or of the international travel certificate.

3. Valid residence permit: Information page of the residence permit.

4. Information page of the previous passport (or the international travel certificate).

5. Work Permit for Foreigners.

6. Other documents: Documents provided as required by the reception authority or the decision-making authority.

 

Documents required for cancellation of the Work Permit for Foreigners due to the change in employer or position:

1. Application Form for Cancellation of the Foreigner’s Work Permit: Fill in the online application – print it out – send to the applicant for signing – stamp it with the employer’s seal upload it to the system.

2. Employment contract or employment certificate: Contract in Chinese, employment certificate, or dispatch letter.

3. Work Permit for Foreigners.

4. Other documents: Documents provided as required by the reception authority or the decision-making authority.

 

Documents required for cancellation of the Work Permit for Foreigners due to the employer’s termination by law:

1. Application Form for Cancellation of the Foreigner’s Work Permit: Fill in the online application – print it out – send to the applicant for signing – and the employer’s seal is not necessarily required.

2. Relevant credentials for failure to apply for cancellation due to the employer’s termination by law.

3. Personal description of the cancellation.

4. Work Permit for Foreigners.

5. Other documents: Documents provided as required by the reception authority or the decision-making authority.

IV. Notes

1. The Foreigner’s Work Permit shall be automatically canceled if it is not renewed after the expiry date; the Work Permit shall be canceled by the decision-making authority if it has been revoked or withdrawn by law or the license has been revoked by law; if the applicant dies or loses his / her living capacity or terminates the contract in advance or relinquishes the employment relationship, the employer shall apply for cancellation within ten days from the date of the occurrence of the matter; if the employer is terminated, the applicant may apply for cancellation to the decision -making authority on his / her own.

2. If the Foreigner’s Work Permit has been automatically canceled, upon application, the decision-making authority may issue a certificate of cancellation.

3. Policy Release

For policies, guides, and some sample forms and commitments for Work Permit in China please refer to the website of Shanghai Municipal Administration of Foreign Experts Affairs at http://shafea.sh.gov.ch and the website of Shanghai R&D Public Service Platform at http://www.sgst.cn 

4. Those professional service agencies authorized with the procedure of application, extension changing, cancellation, or re-submission shall submit the Letter of Authorization of the employer, in which the authorized entity, the authorized person and his / her ID number and telephone number, and the authorized matters shall be clearly specified. That is, the professional service agency, the authorized person and the corresponding authorized matters shall be clearly specified.

V. Examination & Approval Period

1. Preliminary review period: Five working days (after the complete and qualified documents are submitted)

2. Review period: Five working days (until the paper documents are received at the reception window). 

In case of special circumstances requiring an extension of time limit, the reception authority or the decision-making authority shall handle the matter as appropriate.

 

VI . Reception way and time

Reception way

1. Reception at the window

Reception Department: Shanghai R&D Public Service Platform (Shanghai Scientific and Technological Talents Development Center / Shanghai Service Center for Foreigners Working in China)

Address: 1F 77 Meiyuan Road Jing’an District, 3F 1500 Minsheng Road Pudong New Area.

For other sites, please refer to the list of names and addresses of the handling authorities (at the website of Shanghai Municipal Administration of Foreign Experts Affairs http://shafea.sh.gov.cn and the website of Shanghai R& D Public Service Platform http://www.sgst.cn)

 

2. Online reception

Please directly access to the Service System for Foreigners Working in China https://fwp.safea.gov.cn; or access to it via the government affairs service platform of the Ministry of Science and Technology at https://fuwu.most.gov.cn 

Reception time

Window reception time:

Monday – Thursday: 9:00 – 11:30, 13:30 – 17:00
Friday: 9:00 – 11:30, 13:30 – 15:00

Number taking time:

Monday – Thursday: 8:45 – 11:15, 13:15 – 16:45
Friday: 8:45 – 11:15, 13:15 – 14:45

*This Instruction is made and executed in both Chinese and English. In case of any discrepancy between the two languages, Chinese version shall prevail.
Source: Guide to Cancellation of the Work Permit for Foreigners No.7
Shanghai Public Security Bureau Exit-Entry Management Bureau (1500 Minsheng Rd, Pudong, Shanghai, China)

 

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