01 · ARRIVE 来华 · 签证与永居

Visas, work permits & permanent residence

Delta Law Expat Services DeskLast verified 最后核校:2026-07
KEY POINTS 要点摘要
  • Working in China requires both a work permit and a work-type residence permit — a visa alone is not authorisation to work. 在华工作需同时持有工作许可与工作类居留许可,仅有签证不构成就业授权。
  • The work permit system classifies foreign talent into categories A, B and C; your category affects age limits, quotas and renewal ease. 工作许可实行 A/B/C 人才分类管理。
  • Changing employers is possible but is a permit event, not just an HR event — sequence it before you resign. 换雇主属许可变更事项,辞职前先规划身份衔接。
  • Permanent residence has several routes — employment, marriage to a Chinese citizen, investment, special contribution — each with residence-duration and documentation thresholds. 永久居留有任职、婚姻、投资、特殊贡献等路径,各有居住年限与材料门槛。
  • Thresholds and local implementation change; figures below are indicative and subject to current regulations. 具体数字以现行规定为准。

The legal framework

The backbone is the Exit and Entry Administration Law of the PRC (in force since 1 July 2013) and its implementing Regulations on the Administration of the Entry and Exit of Foreigners. Together they define visa types, residence permits, what counts as illegal residence and illegal employment, and the penalties for each. Working without a work permit — even on a valid business (M) visa — is illegal employment under this law, exposing both you and your employer to fines and, in serious cases, detention and removal.

制度主干是《中华人民共和国出境入境管理法》(2013 年 7 月 1 日施行)及其实施条例。持商务签证工作亦属非法就业,雇主与个人均面临处罚。

Since 2017 the two former permit systems have been unified into a single Foreigner’s Work Permit, administered through a points-and-category system: Category A (high-end talent — fast-tracked, generally no age or quota limits), Category B (professional talent — the typical degree-plus-experience hire), and Category C (temporary or seasonal workers, quota-managed). The usual sequence for a new hire from abroad: work permit notification letter → Z visa at a Chinese embassy → entry → work permit card → work-type residence permit within 30 days of entry.

2017 年起统一为「外国人来华工作许可」,实行 A(高端人才)/B(专业人才)/C(临时性用工)分类。入境后须在 30 日内申办工作类居留许可。

Status events you should never improvise

Event 事项What the law expects 制度要求
Changing employers 换雇主The work permit is tied to a specific employer and position. A move requires cancellation by the old employer and a new application (or transfer procedure) by the new one, then an update of the residence permit. Resigning before the new permit path is confirmed can leave you without a lawful basis to stay long-term.
Permit expiry & renewal 到期续延Apply for extension before the current residence permit expires. Overstaying — even by days — is illegal residence, with per-day fines and a record that complicates future applications.
Family members 随迁家属Spouses and minor children typically hold S1/S2 (family) visas converting to family-type residence permits. A family residence permit does not authorise the spouse to work.
Change of passport / address 护照或住址变更New passport details and changes of residential address must be registered with the exit-entry authority and the local police within the prescribed short window (accommodation registration is 24 hours for new addresses).

Permanent residence: the main routes

Permanent residence (the “Chinese green card”) is governed by the Regulations on Examination and Approval of Permanent Residence of Foreigners in China, supplemented by local talent policies — Shanghai runs meaningful facilitation channels for recognised talent. The classic routes:

  • Employment route — a sustained senior or scarce-skill position in China, generally requiring four consecutive years of employment with residence in China of at least six months in each year, plus salary and tax thresholds set by current policy (subject to current regulations).
  • Marriage route — spouse of a Chinese citizen (or of a foreigner with permanent residence), generally five years of marriage with five years of residence in China of at least nine months per year, with stable living arrangements.
  • Investment route — direct investment in China maintained for a number of consecutive years at prescribed amounts, with clean tax records.
  • Special contribution / high-level talent route — for nationally recognised talent and significant contributors; increasingly the fastest lane in Shanghai for Category A talent.

永久居留依据《外国人在中国永久居留审批管理办法》,主要路径为任职(一般连续任职满四年、每年在华居住累计不少于六个月,另有薪酬与纳税门槛)、婚姻(与中国公民婚姻满五年、每年居住不少于九个月)、投资与特殊贡献;上海对高层次人才另有便利通道。具体条件以现行规定为准。

Honest note: permanent residence remains selective, and criteria are applied with real discretion. Anyone who tells you approval can be assured is not being straight with you. What a lawyer genuinely adds: confirming which route fits your facts, sequencing the residence-duration and tax record so you qualify on paper before you apply, and presenting the file the way the reviewing authority expects. 永居审批具有较强裁量性,任何「包过」说法都不可信;律师的价值在于路径判断、条件规划与申请材料组织。

Frequently asked

My residence permit expires while my renewal is still being processed — am I illegal?
No, provided you filed before expiry: the acceptance receipt issued by the exit-entry authority serves as a lawful stay document while the application is pending. The trap is filing late — apply well before expiry, and keep the receipt on you.
到期前已递交续延申请的,受理回执期间属合法停留;风险在于逾期才申请。
Is there an age limit for work permits?
For Category B, the working assumption is under 60, but exceptions exist and Category A talent is generally not age-capped. Local practice varies and thresholds are policy-driven — treat any specific number as subject to current regulations and check before planning a late-career move.
B 类一般以 60 岁为参考线但存在例外,A 类原则上不设年龄上限,以现行政策为准。
Can I stay in China to job-hunt after leaving my employer?
Not on your old work-type residence permit — once employment ends the permit basis falls away and the employer is expected to deregister you. Realistic bridges include switching to another lawful status or timing your exit and re-entry; the right answer depends on your nationality and facts, and is worth a short consultation before you resign, not after.
离职后原工作类居留许可基础即消灭,应在辞职前规划身份衔接方案。
Sources 依据与来源
  1. Exit and Entry Administration Law of the PRC《中华人民共和国出境入境管理法》 —— the statutory basis for visa categories, stay permits and residence permits, supporting "The legal framework".
  2. Regulations on the Administration of the Entry and Exit of Foreigners《中华人民共和国外国人入境出境管理条例》 —— implementing rules on visa issuance, residence permit applications and changes of status, supporting "Status events you should never improvise".
  3. Regulations on Examination and Approval of Permanent Residence of Foreigners in China《外国人在中国永久居留审批管理办法》 —— supporting "Permanent residence: the main routes".
  4. Foreigner’s Work Permit classification rules —— supporting the work permit tiers described in "The legal framework" and the related items under "Frequently asked".
  5. Shanghai local talent policies —— supporting the Shanghai-specific routes described in "Permanent residence: the main routes".

This page is general legal information, not legal advice on any specific case. Figures and thresholds are subject to current regulations. 本页为一般性法律信息,不构成个案法律意见;具体标准以现行规定为准。

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