想申请中国工作签证,但是又找不到中国境内的工作,怎么办?
Want a Chinese work visa, but can't find a job in China?
一些不法分子看到了这个“商机”,加以利用,通过自己开设的公司为外国人申请入境签证,并协助外国人申请在华居留证件。Some sees it as “a chance to make fortune”. They apply for work visas under the name of their own companies for foreigners, as well as residence permits in China.
这看起来似乎没什么不妥的。其实不然,外国人实际工作单位须与就业证注明的单位一致,如果你入境后,实际上并非在该公司工作,就会构成非法就业,不仅劳动权利不受法律保护,还会被罚款并驱逐出境。It seems nothing is wrong. In fact, it is not. The actual workplace of the foreigner must be the same as the one indicated on the work permit. If you do not actually work in the company after entering the country, it will constitute illegal employment. Not only will your labor rights not be protected by law, but you will also be fined and deported.
近日,上海警方发现一名外籍男子以上海某公司员工名义申请工作许可,但其实际工作地点与申报工作地点不符。随后以此为突破口,顺藤摸瓜,查清了虚假事实、伪造申请材料、骗取出入境证件并出售给外国人的犯罪链条。Recently, the Shanghai police discovered that a foreign man had applied for a work permit as an employee of a company in Shanghai, but his actual workplace did not match his declared workplace. The police then took this as a breakthrough and followed the vine to clarify a criminal chain of fictitious facts, forging application documents, fraudulently obtaining entry and exit documents and selling them to foreigners.
image@National Immigration Administration
经查,犯罪嫌疑人施某、孔某宇等人为牟利,利用自己开设的公司,为外国人出具虚假的来华邀请函、劳务合同和工作证明骗取入境签证,并协助外国人骗取在华居留证件、非法就业,对国(边)境管理秩序造成极大隐患。
After investigation, the suspects Shi and Kong used their own companies to issue false invitation letters, labor contracts and work certificates for foreigners to obtain entry visas, and assisted foreigners to obtain residence permits and illegal employment in China for profit, causing great potential danger to the national (border) management order.
现涉案的6名外国人都将在接受公安机关处罚后限期出境;施某、孔某宇等已被公安机关立案侦查,相关案件仍在进一步审理中。Now the six foreigners involved in the case will be punished and then be forced to leave the country; Shi and Kong have been investigated by the public security authorities, and the relevant cases are still under further investigation.
与中国公民不同,外籍人士在华工作是有从业限制的,一旦违反了这些限制,就会受到处罚。Unlike Chinese citizens, foreigners working in China are subject to some restrictions, and punishments will be imposed upon violations.
一、特定的雇佣单位A specific employer
外籍人士的工作许可需要由中国境内的雇佣单位提出申请,有且只有一个雇佣单位,也就是说,你只能为就业证规定的雇主工作,并且只有这位雇主发放的工资才是你的合法所得。
The work permit for foreigners needs to be applied for by the employer in China, and there is only one employer. That is to say, you can only work for the employer specified in the work permit, and only the salary paid by the employer can be your legal income.
另外,雇佣单位禁止劳务派遣外籍员工。若要招用外籍实习生,仅限于在中国境内高校就读的外籍学生,不得招用境外高校在读的外籍学生。
What’s more, employers are prohibited from labor dispatch of foreign employees. For an intern wanted, hee ca n only be a foreign student studying in colleges and universities in China, and foreign students studying in overseas colleges and universities are not allowed.
二、规定的岗位A prescribed position
外籍人士在华工作,职业与岗位需要与就业卡所注明的一致。即使是在同一家公司,无论是降职、晋升还是转岗,就业卡也要做出相应的变更。
For foreigners working in China, the occupation and position must be the same as those indicated on the work permit. Even in the same company, whether it is a demotion, promotion or transfer, the work permit must be changed accordingly.
三、有限的工作范围Limited work location
就业卡并不是全国通用的,你只能在就业卡签发的城市工作,更具体一点说,是只能在雇佣单位的地址工作。如果你拿的是广州的就业卡,却在北京工作,也是属于非法就业。
The work permit is not universal, you can only work in the city where it is issued, more specifically, you can only work at the address of the company applied. If you have a work permit in Guangzhou, but work in Beijing, it is also considered as illegal employment.
如因公司搬迁而导致工作地点发生变化,则无需理会,公司完成工商变更之后,会申请更新外籍员工在外专系统上的信息,就业卡的信息也会同步自动更新。
If the work location changes due to the company's relocation, the employer will apply for update of information of foreign employees and the work permit will be automatically updated. There is no need for you to do anything.
工作单位发生变化,都必须同步申请办理外国人工作许可证转聘流程。
The work permit for foreigners is the legal certificate for foreigners to work in China. If the employer changes, the foreigner must apply for and handle the process of transferring work permit at the same time.
首先,注销现有工作许可。外国人办理转聘需要注销现有工作许可证,但护照的居留许可要在有效期内(居留许可不注销)。
Foreigners need to cancel their existing work permit to apply for employment transfer, but the residence permit should be within the period of validity (the residence permit will not be cancelled).
注销原工作许可后,自注销之日起 30 日内提交新工作许可申请。
After canceling the original work permit, submit an application for a new work permit within 30 days from the date of cancellation.
符合办理条件,大概10-15个工作日可以获得新的工作许可证;如果要进一步变更居留许可,则再需要5-7个工作日。
If you meet the processing conditions, you can obtain a new work permit in about 10-15 working days. If the residence permit is to be further changed, it will take another 5-7 working days.
如果实在找不到在中国的工作,也不要去伪造材料!
If you really can't find a job in China, don't even take a chance to falsify documents for permits!
你可以选择在中国开一家自己的公司,作为自己的工作单位,这样你就可以顺利申请到工作签证啦。
Just come to HACOS, we can help you out by opening your own company in China. You will be your own employer and be qualified to apply for a work visa for yourself.
就算你人在境外也没有关系,瀚客将为你跟进公司注册以及申请签证的全套流程,省时省力,圆你来华梦。
It doesn't matter even if you are overseas, we will follow up the whole process of company registration and visa application for you, saving your time and effort.