Upon the departure of foreign employees, their work permits become invalid and must be promptly canceled. Only after an employer has simultaneously canceled both the work permit and residence permit for a foreign employee is the employment relationship with the hiring entity considered formally terminated. Now, let's explore the cancellation procedures and time limits.
After a foreign employee leaves the company, the process for canceling their work visa has clear time limits and procedural requirements. The employer must apply to the deciding authority for cancellation of the work permit within 10 working days after the termination of the employment relationship.
The entire cancellation process
consists of two key steps:
Work Permit Cancellation
The employer must submit an online pre-review application to the Foreign Experts Bureau. After the pre-review is approved, they must submit documents in person to obtain the cancellation certificate.
Residence Permit Cancellation
Upon obtaining the work permit cancellation certificate, the foreign employee must personally visit the Exit-Entry Administration Department of the Public Security Bureau to process the residence permit cancellation. Note that according to the Exit and Entry Administration Law of the People's Republic of China, when registered details on a foreigner's residence permit change (such as cancellation of the employment permit), the holder must apply for amendment within ten days of the change occurring. Upon completion of cancellation, the foreign employee will receive a 30-day stay visa, which may be used to seek new employment or arrange departure.
After completing the cancellation of their work permit and residence permit, foreign employees will be granted a 30-day stay visa (commonly known as a “T visa”). This 30-day period is a legally mandated grace period for foreign employees to handle affairs in China, subject to clear usage restrictions.
During this period, foreign employees
have two primary legal options:
First, seek new employment and initiate the process to transfer their work permit or apply for a new one. Ideally, a new employer should be secured before leaving the previous position, with the work permit application process commenced.
Second, if deciding to depart China, use this time to complete departure procedures, including processing pension insurance refunds and settling personal medical insurance accounts.
If a foreign employee plans to transition to a new company, the ideal approach is to initiate the application process for a new work permit before leaving their current position to ensure a seamless transition. If it is anticipated that the onboarding process for the new role cannot be completed within the 30-day grace period, preparations for departure should be made in advance to avoid creating a record of illegal overstay.
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