What are the risks if the foreigners fails to cancel the work permit in time after resignation?
Recently, many foreigners have reported that the local area does not grant the transfer of work visas. In some cities, there are also cases where the work permit cannot be converted into a reunion residence permit in China after canceling the work permit. After in-depth understanding, we found that these foreigners did not strictly require to go through the resignation procedures according to the resignation certificate when they entered the new unit, and the residence permit was not simultaneously replaced with a stay visa. In addition, there are some cases where they hold the work permit of company A, but their work permit and residence permit belongs to company B, and they have not gone through the transfer procedures according to the regulations.
In addition, when the foreigner ends the labor contract relationship with the original unit, the work permit and work residence permit must be cancelled in time. If the cancellation procedure is not completed within the specified time, the legal responsibility of the unit and the foreigner can be investigated according to the situation.
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So what are the risks of not canceling the work permit in time after the foreigner leaves? The following will share with you the process of canceling the work permit for foreigners.
Why do you need to cancel your work permit?
Proof of termination of employment relationship
Only after the enterprise cancels the work permit and the residence permit for the foreigner at the same time, it is deemed to have terminated the labor relationship with the employing unit. If the work visa relationship is still in the original company, if the foreigner breaks the law or has a personal accident during this period. There may be joint and several liability to the company.
The law expressly stipulates
The law stipulates that foreigners must cancel their work visas when they terminate the labor relationship with the company.
Change one of the work unit materials
After the residence permit is cancelled, foreigners will be able to apply for a 30day stay visa. During this period, if they find employment opportunities in other units, they can apply for work permit transfer and residence permit extension.
One of the materials required for the transaction
If a foreigner plans to leave the country, he must also provide a certificate of cancellation of the foreigner's work permit in China when handling matters such as pension insurance refunds and one-time processing of medical insurance personal accounts.
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2.Prerequisites for cancelling a work permit?
If a foreigner comes to work in China and terminates the contract or the employment relationship in advance, the employer shall apply for cancellation of the work permit within one month from the date of the occurrence of the incident.
If the employer is terminated, the applicant may apply to the decision-making body for cancellation of the work permit.
3.Cancellation process for work residence permit
Cancellation of work permit
The pre-examination is conducted online by the Foreign Experts Bureau. After the pre-examination is passed, there is no need to make an appointment, and the submitted documents will be accepted on-site in exchange for the cancellation certificate. (At present, most cities can submit the review online, download the cancellation certificate, and do not need to collect it on site)
Cancellation of residence permit for work
After obtaining the work permit cancellation certificate, go to the immigration department to go through the cancellation procedures, and the applicant must be present.
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4.Guidelines for the Application for Cancellation of Work Permits for Foreigners
If the "Permit for Foreigners to Work in China" expires and is not renewed, it will be automatically cancelled. Those that are revoked or withdrawn in accordance with the law, and those whose licenses are revoked in accordance with the law, shall be cancelled by the decision-making body. If the applicant dies or becomes incapacitated, or terminates the contract early or terminates the employment relationship, the employer shall apply to the decision-making body for cancellation within 10 working days from the date of the occurrence of the matter.
1）Procedure
Online application → online pre-review → acceptance → review → decision
2）What are the precautions for a new work visa application
Incomplete data preparation
Many foreigners and HR companies do not know the required information and application process when preparing for the visa for foreigners for the first time, such as the criminal certificate to be submitted, education certification, etc.However, the preparation of materials also needs to meet the application standards, such as no criminal certificate needs to be certified.
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Misjudged application category, resulting in illegal employment
When foreigners apply for a visa, they need to apply for the appropriate type of visa.It should be noted that, holding a reunion visa is not allowed to work in China. No company or individual may employ foreign employees who have not obtained work permits and residence permits. Therefore, if each company intends to hire foreigners, it must apply for a foreigner work permit and a foreigner residence permit as soon as possible. And only after a foreigner has obtained a work-type residence permit, can he legally work for his employer. The policy is gradually relaxed and more humanized, which also means that the punishment for illegal work and illegal employment is more severe.
In addition, when foreigners apply for a work visa, they should choose the appropriate visa application category according to their own circumstances. For example, high-end talents can apply for a type A work permit.
Submitted information incorrectly
When foreigners and company HR apply for submission of documents, they should pay attention to whether the submitted documents meet the application requirements. It is because the applicant's assistant made a mistake when applying for a work permit for him, and blindly submitted materials that did not meet the application conditions, which resulted in the applicant receiving a warning from the Science and Technology Bureau about illegal work. In this case, the applicant is very serious. You can no longer apply for a work visa and may face penalties.
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