The Complexities of Hiring a Foreigner in China

   It is no surprise that in order to be able to legally work in China, just like any other country, a foreigner will need a valid working visa. China is infamous for its complex visa system and to make matters worse, the requirements continue to constantly change multiple times per year. The relevant legal information for both applicants and employers also continue to undergo modifications by the Chinese government. In order to avoid the complexities of hiring a foreigner in China and process relevant steps in an efficient manner, one must maintain to be updated and well informed.

    First of all, although some conditions may differ depending on the city, these are the basic conditions a foreign applicant must meet in order to even be eligible for consideration by an employer in China (China Law Blog).

-The candidate is in good health and over the age of 18.

-The candidate possesses the skills and work experience require for the job.

-The candidate has no criminal record.

-The candidate has a specified employer.

-The candidate holds a valid passport or any other valid travel document in lieu of passport.

Only by meeting the conditions above, may a foreign applicant be eligible to apply for a job opening in China. Nonetheless, unfortunately there are further obstacles awaiting both applicants and employers even after the employee’s full qualification.  Here are four common issues that both Chinese companies and foreign companies will encounter when hiring a foreigner in China.

     Internships for foreigners are theoretically restricted. The main issue regarding internships are that the status, “intern” does not officially exist in the Chinese governmental system. Therefore, if a company is willing to employ foreign interns, the candidates must already be studying at a Chinese university under an X-1 Long Term Student Visa. The student must receive permission from his or her university, and then apply to the Public Security Bureau Entry-Exit Administration for a notation on their residence certificate.

If someone comes to China specifically for the internship, it is also possible to do it legally with an M-Visa (Business or Trade Purpose) but the maximum duration of an M-Visa is 90 days. Cases occurred in previous years where firms have been under surveillance by authorities that suspected them of hiring foreign workers/interns without proper legal authorization. Using foreign interns on X-visas without having them apply at their school and PSB is strictly illegal. Despite the fact that hiring an intern illegally on an X-visa carries little risk, hiring interns on an L-Visa (Tourist Visa) is considerably more subject to risk for both parties and will be fined if caught.

    Foreign Expert Certificates and Foreign Working Permits are two different documents that are administered by different government offices.  Foreign work permits are granted by the labor bureau, whereas foreign expert certificates are granted by a separate foreign experts’ affairs bureau.

    When attempting in proving that a candidate has the minimum amount of working experience to apply for a Z-Visa (Work Visa)sometimes a company’s official stamp of the applicant’s previous company is acceptable at the Foreign Experts Affair Bureau, but not at the Labor Bureau. The demand and standards for these two documents differ from each other and can be hard to differentiate what is acceptable at which bureau.

    Foreigners must define time limits and a working area on their work contracts in order for them to legally work in China. The maximum contract length for a foreigner in China is five years with a Z visa (work visa) and it is illegal for foreigners to work in a city or district different to where they have registered.

    Additionally, the Z visa is valid for only 30 days from the date of arrival. During this 30 day time period the employee and employer must seek a Temporary Residence Permit for the duration of the working contract which can vary from a minimum of 90 days to a maximum of 5 years (Travel China Guide). When hiring an intern, as mentioned previously, the legal maximum length of duration is 90 days with an M visa (Business or Trade Purpose).

    The knowledge of the Chinese HR staff is extremely important. In order to make the process of hiring a foreigner go smoothly for both parties, the Chinese HR staff need to be well informed and updated. Furthermore, The Chinese Labor Law regulations regarding hiring foreigners ought to be part of their training upon employment.

    Finally, it is crucial to keep in mind that the duration of time involved in hiring foreign staff is not fixed by Chinese law, which means that the hiring process can take anywhere from four weeks to several months depending on the candidate, how well the application has been prepared, and how educated the firm’s HR staff is. However, all in all, despite the many factors that make the idea of hiring foreign talent seem dreadful, there are many benefits that come along with it such as; diversity and cross-cultural communication within the company, talent and working experience that local Chinese employees cannot supply, increase in global connections, and so on. As long as the firm is well-prepared, aware, dedicated, and supportive, there should not be any unexpected hardships to face when hiring foreign talent in China.

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