How to transfer a work permit to a new employer in China

For foreigners working in China, the work permit is a crucial document that must be attained prior to commencing work. The work permit is tied to your employer, which means that when changing jobs, the work permit must also be transferred to the new employer.

Transferring an existing work permit from one employer to another usually takes around 4-6 weeks, though some applications may take up to 12 weeks to complete. Because the application process can be lengthy, it is best to be prepared for what lays ahead at each stage of the process.

Transfer your work permit in two steps
Step 1: Cancel the current work permit

To transfer your work permit to a new employer, you first need to cancel your current or previous work permit.

To do this, notify your current employer to cancel your work permit. The employer will have access to the online system and can access the appropriate cancellation forms via their account.

A work permit will be canceled if it has:

1. Been canceled on request (by employee);
2. Expired and has not been renewed; or
3. Been revoked by the government bureau in charge.

A former employer should apply for cancellation of a work permit within 10 working days from when an employment relationship ceases. So for past work, in most cases you can expect that the cancellation has already taken place.

Note that the reason for cancellation of the work permit will be included on the cancellation certificate. So, consider your relations with your current or previous employer and consider the future impact of any negative information that may be included here.

Step 2: Apply for a new work permit

The two key documents that your new employer will need to apply for here are:

• “Notification Letter of Foreigner’s Work Permit in China”; and
• “Foreigner’s Work Permit”.

However, the application is slightly different depending on whether the applicant’s new position is in the same field or a different one. So, you will need to determine whether or not your occupation will change at the time of your transition.

Common pitfalls

Some companies are not eligible to employ foreigners. Make sure to confirm with your new employer whether or not they have a Foreign Work Permit System account and whether or not they are capable of hiring foreigners at all.

Never break a contract illegally and refrain from engaging in behavior that may be construed as negative. Both instances above may be recorded against you at the time that your work permit is canceled. Such information may hinder future work permit applications.

From the employer’s perspective, properly managing and documenting the work permit transfer process decreases exposure to a labour dispute with the departing employee. A departing employee whose work permit transfer gets rejected by the authorities, for example, may blame his or her former employer for the result. Employers may enlist the services of a third party to assist in managing the work permit transfer process and reduce exposure to potentially damaging labor disputes.

China Briefing

China Briefing is published by Asia Briefing, a subsidiary of Dezan Shira & Associates