Guide for foreign employees in China on managing visa status during resignation & job changes. Covers Work Permit cancellation, residence permit timelines, employer changes, and avoiding fines or deportation. Essential for HR and expats planning a transition.
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The Real Risks Begin When You Resign: Full Guide for Foreign Employees Working in China in 2026
Many foreign employees assume: as long as they obtain a work visa, working in China is "safe."
But in reality—
● The real problems often occur on: the day of resignation
● During job-hopping transitions
● When the employer entity changes
● When documents are nearing expiration
Over the past year, more than 60% of the immigration-status issues we handled for foreign employees occurred during resignation and re-employment.
Working in China as a foreign employee has never been a one-time visa application.
It is an end-to-end "status lifecycle management" process.
Today, we will explain it clearly—the complete workflow from onboarding, to in-employment management, to resignation, and finally re-employment.
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Phase 1 (Pre-Onboarding): Most People Underestimate Qualification–Role Matching
Before a foreign employee works in China, the core is not the visa.
It is:
👉 the Foreigner's Work Permit
China uses a categorized management system (Class A/B/C). The approval logic can be summarized in two words: qualification–role match.
Common reasons for rejection:
● Degree is not relevant to the position
● Insufficient work experience
● Criminal record certificate not notarized/authenticated
● Degree not notarized/authenticated
● Employer not qualified to hire foreign employees
Case 1: Approval Fails Because the Job Logic Matters More Than the Degree
A European client with a master's degree applied for a "Marketing Director" role.
All documents were complete, and the company size met the requirements.
Yet the application was held up.
Reason:
His prior work experience was concentrated in technical R&D, which did not match "marketing management."
Eventually:
● The job description was adjusted
● Additional explanatory documents were provided
● The approval timeline was extended by nearly one month
The conclusion is clear:
Approvals evaluate job-position logic, not how high your degree is.
If this step is poorly designed, every step afterward becomes reactive.
Feel free to reach out to our visa consultant Maggie for a one-on-one consultation!
Phase 2: A Z Visa Does Not Equal Legal Employment
Many people misunderstand:
"If I have a Z visa, I can start working immediately."
That is incorrect.
A Z visa is only an entry visa.
The truly legal working status consists of:
✔ the Foreigner's Work Permit
✔ the Work-Type Residence Permit
After entry, you must complete the following within the required timeframe:
1️⃣ Medical examination
2️⃣ Conversion to the formal Work Permit
3️⃣ Application for the Work-Type Residence Permit
All three are mandatory.
Case 2: Delayed Residence Permit Creates Long-Term System Records
A client entered China on a Z visa, but because the employer's project was extremely busy,
the residence permit process was delayed.
When they later applied, they were required to provide a written explanation and pay a fine.
The amount was not large, but a system record was created.
Later, when applying for permanent residence, they were required to submit extra supporting materials.
Many risks do not explode immediately—they become landmines for the future.
Feel free to reach out to our visa consultant Maggie for a one-on-one consultation!
Phase 3 (During Employment): Three High-Risk Change Points
Having your documents approved does not mean the process is over.
The real risks arise when things change.
Risk Point 1: Position Changes Can Trigger "Out-of-Scope Employment"
Promotions and department transfers must be formally updated.
Otherwise, it may be treated as "employment beyond the approved scope."
Risk Point 2: Employer Entity Changes Can Affect Work Permit Data
Company renaming, legal representative changes, address relocation—
all may impact work permit information.
Many HR teams overlook this.
Risk Point 3: Expiration Management Requires Dual-System Awareness
Work Permits and Residence Permits operate under two different systems.
Renewals should be initiated at least 30 days in advance.
Overdue cases may lead to fines and can affect future application records.
Feel free to reach out to our visa consultant Maggie for a one-on-one consultation!
Phase 4 (Resignation): This Is Where the Real Risk Begins
This is the stage where issues are most likely to occur.
Resignation must include:
✔ Work Permit cancellation
✔ Issuance of a termination/release certificate
✔ Residence Permit modification or shortening
If any step is missed, it will affect the next job.
Case 3: A Missed Cancellation Nearly Cost a New Offer
A foreign employee switched jobs.
The former employer's HR did not cancel the Work Permit in time.
When the new employer submitted the change application, the system showed:
"An active permit already exists; cannot process."
Communication delays dragged on for three weeks.
The new employer nearly withdrew the offer.
Eventually, the issue was resolved only after completing the cancellation retroactively.
But the entire process was extremely passive.
Resignation is not the end.
It is the starting point of your next job.
Phase 5 (Job Change and Re-Employment): The Time Window Determines Difficulty
There are three scenarios:
Scenario 1: A Valid Permit Allows a Direct Transfer With Lowest Cost
✔ If the Work Permit is still valid,
you can usually process a change/transfer.
This is the fastest and lowest-cost option.
Scenario 2: Permit Cancelled but Residence Still Valid Means a Very Tight Window
⚠ If the Work Permit has been cancelled but the Residence Permit is still valid,
you must re-apply within the required time window.
The schedule becomes extremely tight.
Scenario 3: Expired Documents or Departure Means Restarting the Process
❗ If documents have expired or the employee has already left China,
the process largely restarts:
● Re-apply for the Work Permit Notification
● Re-apply for the visa
● Re-enter China and process the Residence Permit again
Both time and cost rise significantly.
Feel free to reach out to our visa consultant Maggie for a one-on-one consultation!
The Real Cost of Illegal Employment Is Higher Than Most Expect
Many foreign nationals take chances:
"I'm just helping a friend for a while."
"It's only part-time."
Under relevant rules:
● Individuals may be fined
● Employers may be penalized
● Serious cases may result in deportation
● Future applications may be affected
The system is interconnected.
Records can remain for a long time.
Key Conclusion: Working in China Is a Continuous Compliance Project
Foreign employment in China is:
a continuous management project.
Not a one-time application.
It is:
onboarding design
→ in-employment maintenance
→ resignation handover
→ re-employment planning
If any link breaks, your future options are impacted.
Practical Advice for Foreign Employees: Plan Before Problems Happen
✔ Conduct a risk assessment before onboarding
✔ Track validity periods during employment
✔ Plan ahead before resignation
✔ Build a timeline when changing jobs
Practical Advice for HR Teams: Build a Process, Not a Checklist
✔ Conduct a proper qualification–role matching assessment
✔ Establish document expiry reminders
✔ Synchronize changes promptly when the company information changes
✔ Complete Work Permit cancellation as a mandatory offboarding step
Feel free to reach out to our visa consultant Maggie for a one-on-one consultation!
Closing: The Biggest Risk Is Not the Approval Moment
The real risk is not at the moment of visa approval.
It is at:
● the day of resignation
● during job-hopping transitions
● when documents are nearing expiration
● when the employer entity changes
If you or your company are:
● hiring foreign employees
● planning a job change
● preparing to resign
● seeking a compliance assessment
feel free to reach out for consultation.
If you have any questions about China visa applications (work visa, company registration and more), please contact our visa consultant Maggie.
You might be interested in the below topics:
No Experience or Degree for Work Visa? Try Point-Based System!
No Experience Required: Who Can Apply for Category C Work Visa?
Official Websites You Must Know for China Visa Application.
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