How to Acquire Resident Permit in China Without A Job?

Step 1: Register A Company

There are several notable advantages to applying for a visa through the establishment of one's own company. Firstly, pursuing a visa in conjunction with company ownership offers a more pragmatic and rational approach, aligning one's residency status directly with their entrepreneurial endeavors.

Secondly, the process of visa renewal is often streamlined and expedited for individuals who are registered business owners, facilitating smoother transitions and continuity of residency. Moreover, fulfilling certain predetermined criteria within the framework of business ownership can lead to eligibility for permanent residency status, providing a pathway to long-term settlement in the hostcountry. You may have the following inquiries regarding the specifics of launching a company, such as –

Q1. Do expatriates need to be present during the process of starting a company? Can it be handled online?

A. Expatriates who possess a real-name certified cell phone number and bank card have  the option to complete the process online.

Q2. How long does it take for a foreigner to start a company in China?

A. Usually only about 2 weeks to register a company.

Q3. Is it possible for a company to be established by a single individual?

A. The establishment of a company requires of three distinct roles:

 Firstly, at least one shareholder, who may concurrently serve as the legal representative, is indispensable.

Additionally, a supervisor and an individual who is responsible for the financial matters of the company are imperative. 

It is pivotal to note that the roles of supervisor and financial person must be held by distinct individuals, precluding the possibility of a single person occupying both positions. Furthermore, it is stipulated that the accountant person must not be a foreigner who cannot speak Chinese. 

Q4. Can we forgo the appointment of the supervisor?

 A. Under the impending new"Company Law," scheduled for implementation on July 1, 2024, a notable change pertains to the governance structure of limited liability companies with fewer shareholders.

Specifically, according to the revised provisions, smaller limited liability companies, characterized by a reduced number of shareholders, will have the option to forgo the appointment of a supervisor. This exemption is contingent upon unanimous consent among all shareholders.

Q5. Is the registered capital required to be fully paid in at once?

 A. According to the amended Company Law, effective from July 1, 2024, shareholders are mandated to fully pay up their contributed capital within five years from the company’s incorporation date, as stipulated in the company’s articles of association. This requirement replaces the previous provision under the current company law, wherein the payment of registered capital was not obligatory at the time of incorporation.

Q6. What are the liabilities of shareholders?

A. Shareholders typically assume limited liability concerning the company’s debts, restricted to the extent of their subscribed capital contributions.

However, in cases where the sole shareholder limited liability company fails to demonstrate the autonomy of the company’s assets from the shareholder’s personal assets, the sole shareholder may be subject to joint and several liabilities for the company’s debts. Consequently, we strongly advise registering a company with two or more shareholders to mitigate such risks and uphold prudent corporate governance.

Q7. Do foreigners' passports and other materials need to be notarized and certified?

 A. In the company registration process, there is no requirement for notarizing or certifying passports or any other documentation. However, for the application of a work permit, it is mandatory to provide a non-criminal record and education certificate that have been notarized with apostille certification.

Q8. Following the company’s successful registration, what additional tasks must be completed?

A. To establish your company effectively, several essential steps must be taken, including applying for an official seal, opening a company bank account, registering tax certificate, and engaging the services of an accountant to provide assistance with financial matters. These steps collectively ensure the smooth operation and compliance of your company with regulatory requirements.

Step 2: Apply for Work Permit

Upon successful registration of the company, individuals can proceed to apply for a work permit. It's important to note that various categories of work permits entail distinct application requirements. Therefore, applicants should meticulously review and adhere to the specific prerequisites outlined for their respective work permit classifications.

Q1. What type of work permit am I eligible to apply for?

A. In China, foreign workers are categorized primarily into three classifications: Class A for high-end talents, Class B for professionals, and Class C for other talents. While a strict quota management system is commonly enforced for Class C individuals across most regions, the application process typically prioritizes Class A and B categories.

For Class A high-end talents, the option exists to apply for a work permit valid for up to five years, offering an extended period of employment eligibility. Conversely, Class B professionals may apply for a work permit with a maximum duration of two years, providing flexibility within the regulatory framework for their employment arrangements.

Q2. What’s the duration for work permit during the initial application, and is it possible to extend or renew afterward?

 A. Under ordinary conditions, an initial period of six months is typically granted for the issuance of a work permit. However, in cases where the applicant exhibits high qualifications, an initial period of one year may be approved. Furthermore, renewal of the work permit can be sought up to 30 days before its expiration date, facilitating a smooth continuation of employment arrangements. 

Q3. What does the process entail when applying for a work permit?

A. When applying for a work permit from outside of China, the company initiates the process by submitting the application and relevant documents through the online Service System for Foreigners Working in China.

 Subsequently, upon approval, the company receives the Notification Letter of Foreigner’s Work Permit. Foreign nationals utilize this notification letter to apply for a work visa in their respective country. Following the acquisition of the work visa and entry into China, individuals proceed to apply for the formal work permit.

Q4. What is the typical timeframe required for completion?

A. The application process for the Notification Letter of Foreigner's Work Permit typically involves a timeframe of approximately 5-10 business days for completion.

Similarly, the application for the formal work permit also requires a timeline of approximately 5-10 business days.

 Q5. Is it possible to apply for a work permit without possessing a bachelor's degree or higher education, or evidence of relevant professional qualifications?

 A. Certainly. As a shareholder in the company being registered, individuals have the opportunity to apply for a visa as an investor. Notably, this process does not necessitate the submission of additional documents such as diplomas, certificates, or employment contracts. 

Q6. Which documents are necessary for an investor's application of work permit?

 A. You need a copy of the original business license and other documents proving that you are an investor, passport, certificate of no criminal record and medical certificate.

Q7. What are the drawbacks of seeking a work permit as an investor?

A. During the renewal process of a work permit, the entry and exit bureau conducts a comprehensive review to ensure the continued normal operation of the company and the ongoing status of the applicant as the company’s investor. The assessment of the company’s normal operation primarily focuses on the regular payment of Value Added Tax (VAT).

Q8. What should an applicant do if uncertain whether the company will settle VAT within six months of the initial application?

A. We advise you to pursue the application for a work permit as an employee of your company. However, it’s important to note that the eligibility criteria typically require candidates to possess a bachelor’s degree or higher educational qualification, along with relevant work experience.

Q9. Which documents are required when applying for a work permit as an employee?

A. The application for a work permit entails the submission of the following documents:

(1) Completed Application Form for Work Permit;

(2) Valid passport;

(3) Non-criminal record certificate;

(4) Certificate of highest academic qualification (bachelor’s degree or above) or other professional qualifications;

(5) Certificate of work experience covering the last two years;

(6) Employment contract;

(7) Medical certificate;

(8) Electronic photo;

(9) Original photo.

Step 3: Apply for Resident Permit 

Upon the successful acquisition of a work permit, individuals are eligible to commence the application process for a residence permit. It is essential to recognize that distinct work permits align with varying durations of stay permissible under the corresponding residence permits. Therefore, applicants should meticulously match their work permit classification with the appropriate residence permit duration to ensure compliance with regulatory standards.

Q1. Where can I apply for a residence permit? Can I apply online?

A. Residence permits are exclusively obtainable through in-person applications at the Immigration Office located within each district.

Unlike other processes, online applications are not available for residence permits, it requires applicants to submit their requests offline, in accordance with the prescribed procedures.

Q2. What documents are required to apply for a work-related residence permit?

A. The essential documents are:

(1) original passport;

(2) work visa;

(3) temporary accommodation registration form;

(4) medical report;

(5) work permit;

(6) company application letter;

(7) individual application letter;

(8) company business license.

Q3. What’s the typical duration taken to complete the process?

A. It normally can take up to 10 working days but in some cases two weeks.

Q4. How long will I be granted for residence permit?

A. Normally the period will be the same with work permit