Best Work Permit Lawyers in Shanghai

About Work Permit Law in Shanghai, China

A work permit in Shanghai, China is a document that legally allows foreigners to engage in professional activities in the region. It’s governed by both national laws and regulations in China. High-quality foreign talent is highly sought after in Shanghai and the government has implemented several beneficial policies to attract such individuals. However, the application process can be complex and requires a thorough understanding of the local legislation.

Why You May Need a Lawyer

Although the process of obtaining a work permit can be done individually, the complex and constantly-changing nature of China's immigration laws makes it beneficial to seek professional legal advice. Lawyers can provide assistance in understanding new regulations, dealing with unexpected setbacks, ensuring all documentation is correctly done, and liaising with government departments and agencies. Moreover, in complicated situations such as visa overstays, potential deportations, or disputes with employers, a professional attorney can be invaluable.

Local Laws Overview

The main laws related to work permits in Shanghai are the People's Republic of China’s Foreigner's Work Permit (FWP) and the Shanghai Municipality Regulations concerning the Management of Employment of Foreigners in Shanghai. These laws cover the eligibility, application procedure, and legal obligations of foreign workers. Key aspects include a need for employer sponsorship, holding required qualifications, and passing of health checks. Any non-compliance can lead to penalties such as fines, deportation, and being barred from re-entry.

Frequently Asked Questions

1. Who is eligible for a Work Permit in Shanghai?

Foreigners who have an offer of employment from a company based in Shanghai, have relevant professional skills and experience, no criminal record, and are in good health may apply for a Work Permit.

2. How long does a Shanghai work permit last?

Work permits in Shanghai typically last one year but the duration can be less, based on the employment contract. They can be renewed following the same application process.

3. What if my work permit expired and I have not renewed it?

Once the work permit expires, you must stop working immediately. If you continue to work, you and your employer could face significant fines. Therefore, renewals should be applied in advance of expiry to prevent this situation.

4. Can I transfer my work permit to another employer in Shanghai?

Yes, it is possible but requires the new employer to undertake the application. A new work permit will be issued and must be approved before you can start with the new company.

5. Can my family join me in Shanghai if I have a work permit?

Yes, family members can join you in Shanghai. They would have to apply for a dependent visa also known as an S1 or S2 visa.

Additional Resources

The Chinese government’s official website for immigration services (www.nia.gov.cn) and Shanghai’s Foreign Investment website (www.fdi.gov.cn) provide valuable information on work permits. Specific queries can be directed to respective government agencies, foreign embassies, and consulates in China.

Next Steps

If you require further assistance in understanding and applying for a work permit in Shanghai, engaging a professional attorney with expertise in Chinese immigration law would be beneficial. They can guide you through the process, assist with required documents, and help you avoid potential pitfalls.