Notice on Further Improvement of Online Approval for Foreigner’s Work Permit in China (Version 4.0) to Attract Foreign Talents
To whom it may concern,
With the strong support of the Ministry of Science and Technology and the State Administration of Foreign Experts Affairs, Shanghai is pioneering more open and more convenient policies for introducing foreign experts, giving full play to the autonomy of employers in selecting, evaluating and employing talents, reinforcing the employers’ major responsibilities in employing foreign experts, and creating a world-class business environment that facilitates such employment. Matters related to online approval (Version 4.0) are hereby specified in order to accelerate the building of Shanghai into a technological innovation center with global influence, in adherence to the guideline of General Secretary Xi Jinping at the celebration of the 30th anniversary of the development and opening-up of Shanghai’s Pudong New Area.
I. Increasingly introduce foreign scientific and technological talents
1. Further relax the limits in terms of age, academic degree or work experience
To further support the introduction of foreign scientific and technological talents to Shanghai, limits in terms of age, academic degree or work experience may be further relaxed for those who are employed by employers qualified for undertaking key tasks upon recommendation and identification. Eligible foreign scientific and technological talents may be granted a work permit valid for at least 2 years.
2. Implement a “Notice + Pledge” System for those with No Criminal Record
Foreign scientific and technological talents who are not up to the standards for Foreign High-end Talents (Category A) and who are hired by creditworthy employers shall follow a “Notice + Pledge” system for those with no criminal record. To be specific, foreign scientific and technological talents directly sign on the Application Form for Foreigner’s Work Permit in China, and make the commitment that “I have no criminal record in China or abroad”. Additional certificate of no criminal record and certification documents are not required. Employers and the foreign talents shall ensure the authenticity of what is submitted.
3. Allow foreign scientific and technological talents working in Shanghai to find part-time jobs
If foreign scientific and technological talents working legally in Shanghai want to find a part-time job or start a business there, they need not renew or change their work permits after the employers report it to the Science and Technology Commission of Shanghai Municipality (Shanghai Administration of Foreign Experts Affairs). However, before reporting, it is necessary to obtain the consent of the original employers and sign a written tripartite agreement with the original employer and the part-time employer to clarify their rights and obligations.
4. Support Foreign High-end Talents in research teams to apply for Confirmation Letter
The scope of application of Confirmation Letter for Foreign High-end Talents shall be extended. Foreign researchers participating in national task forces and young foreign talents, including recent doctoral graduates from key disciplines such as science, engineering, agriculture and medicine, upon identification by the Science and Technology Commission of Shanghai Municipality (Shanghai Administration of Foreign Experts Affairs), may directly apply for the Confirmation Letter for Foreign High-end Talents according to relevant regulations, and may apply for an R visa with a validity period of up to 10 years.
II. Increasingly introduce foreign innovative entrepreneurial talents
To regulate innovative entrepreneurial talents in Shanghai, for foreign talents such as legal persons making investment or innovative entrepreneurship and small investors, after an enterprise is legally established, limits in terms of age, academic degree or work experience may be relaxed when they apply for their first work permit in China. For foreign investors who have a physical office, their work permits in China may be extended based on the operating status, taxes, social security payment and other required circumstances of their companies. Foreign investors with virtual registration shall submit all documents required, including but not limited to operating status, taxes, and social security payment for an extension which is necessary according to the circumstances.
III. Increasingly introduce foreign talents with special expertise
To facilitate economic and social development in Shanghai and attract more foreign talents with special expertise to work in Shanghai, for those who are not up to the standards for Foreign High-end Talents (Category A) but meet the following requirements, limits in terms of age, academic degree or work experience may be further relaxed. In principle, they shall be under 70. Those who are eligible may be granted a work permit valid for at least 2 years.
1. Hold a general foreign vocational qualification
Foreign skilled talents who hold senior foreign vocational qualifications that are included into management under the national vocational qualification system may directly work in Shanghai. Such qualifications include commercial and retail management certificate and business administration certificate (excluding international language certificates). For other certificates, refer to foreign vocational qualification certificate management platform (http://gjzsb.osta.org.cn/).
Foreign skilled talents who have expertise and rich practical experience in production and service positions, and are in line with the urgently needed occupations for the development of key industries in Shanghai, after obtaining overseas skills certificates accredited and with recommendation from competent authorities of the industries, may apply for a work permit.
3. Hold other international vocational qualifications
Talents holding other unspecified international vocational qualifications (such as ACCA certificate in financial management, and international football coaching qualification), after their employers provide a description of their shortage, of the specialization demonstrated by the certificate, and of the talents’ work experience, may apply for a work permit.
IV. Strengthen operational and post-operational supervision and verification
Approving authorities shall reinforce credit management, gradually establishing and improving the credit files of employers and foreign talents as well as a list of those making false promises. Employers and foreign talents shall ensure the authenticity of what they have submitted and been committed to, and actively cooperate with the approving authorities in interviews and operational and post-operational supervision and verification. For those who make false promises, the approving authorities are entitled to cancel administrative decisions in accordance with laws and regulations, and suspend the handling of work permits for employers, agencies and foreigners. Violations of laws and regulations shall be lawfully dealt with.
This notice shall be implemented from the date of issuance.
Science and Technology Commission of Shanghai Municipality
Shanghai Administration of Foreign Experts Affairs
March 3, 2021