CHINA: Beijing announces ban on Employment License applications filed by third-party agents

What Has Changed?

Generally, as part of the work permit application process for foreign nationals who are being sponsored by a company in China, an application for an Employment License must be submitted at the Chinese Labour Bureau local to where the assignee will be posted.  The application is usually submitted by third party representatives who act for the sponsoring company, such as immigration suppliers or destination services providers.

However, the Beijing Labour Bureau recently announced that from the 1st February 2013, a local HR representative from the Beijing sponsoring company must be physically present at the Beijing Labour Bureau when the Employment License application for a foreign employee is submitted. 

This new requirement will only apply to initial or new applications and following the approval of the Employment License, the remainder of the immigration process such as the Z-visa Invitation Letter, Work Permit and Residence Permit applications will remain the same.

How will this affect you?

Companies seeking to sponsor non-Chinese nationals to work in Beijing must ensure that an HR representative will be present at the Beijing Labour Bureau during submission of the Employment License application. 

In addition to the application documents which will be arranged by your company”s immigration provider, HR representatives must provide the following documents when attending the Labour Bureau:

1.            Original ID card

2.            Original Business card

A short interview with the HR representative may be conducted by the Labour Bureau officer, with questions covering the following information:

1)      The reasons why the foreign applicant is assigned / hired to work in the company in Beijing;

2)      The number of foreign and local employees currently in the company; and

3)      The company”s business background.

However, please be advised that third-party agents may still attend the Labour Bureau and assist HR representatives with submission of the Employment Licence application.

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