在中国毕业后留下工作：学生居留转工作许可

English

Staying to Work in China After Graduation: Converting a Student Residence Permit

International students who want to stay and work in China after graduating need to change from student status to work status: the employer first applies for a foreigner's work permit in China, and then, on the strength of that permit and other documents, the student residence permit is converted into a work-type residence permit. The employer drives the process while the individual prepares documents, so the timing needs to be planned well in advance.

• The basic legal requirement: Article 41 of the Exit and Entry Administration Law of the People's Republic of China provides that foreigners working in China must obtain a work permit and a work-type residence permit as required, and that no unit or individual may employ a foreigner who has not obtained them. Article 43 provides that working in China without the required work permit and work-type residence permit constitutes illegal employment.
• Who can apply: applying for a work permit as a university graduate generally requires having the academic qualifications, degree and professional skills corresponding to the job, no record of misconduct during study, no criminal record, graduation within the past two years, and a confirmed employer. Typical eligible groups include outstanding international students who obtained a master's degree or above from a Chinese university, and those who obtained a bachelor's degree or above in China and plan to work in specified areas such as free trade zones, the Lin-gang Special Area, the Hongqiao Business District, new towns, and employers on the science and technology innovation occupation list. The exact scope varies by locality.
• Academic and subject requirements: being 'outstanding' is generally measured by grades, for example by submitting academic transcripts showing an average of at least 80 out of 100, or B+/B or above on a graded scale. The job should in principle match the subject studied, although some areas and employers allow more flexibility. Degrees obtained abroad generally need to be authenticated.
• Employer qualifications: the employer must be lawfully established, have actual business premises, pay taxes and social insurance in accordance with the law, and have no serious records of illegality or dishonesty. The position must be one for which there is a special need and for which suitable Chinese candidates are temporarily unavailable, and must not violate relevant state regulations. The salary paid to the foreign employee must not be lower than the local minimum wage. Where laws and regulations require prior approval by an industry regulator, that approval must be obtained.
• Converting a student residence permit into a work permit: a graduate's student residence permit cannot be used for work. The employer must first obtain the Foreigner's Work Permit in China, and then the individual applies to the exit-entry administration of a public security organ for a work-type residence permit. A work-type residence permit is valid for a minimum of 90 days and a maximum of five years.
• Application process: the employer generally submits the application online through the Foreigner's Work Permit in China service system, and the process is handled entirely online, with original documents verified for new applications. For applications made inside China, original documents must be presented to the accepting authority for verification after pre-review is passed; once the work permit is issued, the work-type residence permit is then processed.
• Timing: the exit-entry administration of a public security organ must review an application and make a decision within 15 days of receiving it. The first work permit issued to a university graduate is usually valid for a relatively short period, for example one year under Shanghai's rules, with continued employment capped at five years in total, and quota management applies. It is advisable to start working with an employer and begin the application before graduation.
• Common sticking points: the certificate of no criminal record must be issued by the police, security, court or other authorities of the applicant's country of nationality or habitual residence and must be authenticated; it should normally be issued within six months, and sworn declarations are not accepted. Academic transcripts and school certificates of no misconduct must be stamped by the relevant school department as required. Applicants inside China holding a valid residence permit may be exempt from submitting a medical certificate. Anyone changing employer or position within one year of graduation must first cancel the existing work permit and submit a resignation certificate from the previous employer.

Note that the graduate employment category is one type of foreigner's work permit in China, and the detailed conditions, document lists, quotas and processing times are set by local authorities, so requirements can differ from city to city. Before applying, confirm the latest requirements with the work permit authority in the city where you plan to work.

The above is a summary. Specific arrangements are subject to official announcements.

The above is general guidance only. For specific requirements and the latest rules, please refer to official announcements.

References

• 上海市虹口区人民政府：《外国人来沪工作相关事项服务指南》系列06（外籍高校毕业生）
• 国家移民管理局：《中华人民共和国出境入境管理法》
• 教育部 外交部 公安部：《学校招收和培养国际学生管理办法》（第42号令）