Hub: Status hub · Job loss / stay visa · Overstay · First-time timeline · Visa flagship.
You must cancel, then re-file, then update residence — in that order. The old employer generally applies to cancel the Foreigner’s Work Permit within about 10 working days of the end date and must hand you the cancellation certificate plus a 离职证明. The new employer then files a 境内申请 on the Service System for Foreigners Working in China, typically within about 30 days of that certificate (online review is often about five working days if the company already has an account). You then update the work-type residence permit at Exit-Entry. Until the new permit names the new unit, you may not work for it. If your residence is still valid, the new occupation is substantially the same, and both release papers exist, many cities treat the file as a simplified in-country transfer (转聘) and often reuse criminal-record, degree and medical files — not a nationwide guarantee. A teacher-to-marketing jump is a full A/B/C review. A signed offer does not authorise work.
At a glance
| Question | Short answer |
|---|---|
| Can I transfer without leaving China? | Often yes via 境内申请 if residence is still valid. |
| What two papers must the old employer give? | 离职证明 and the Work Permit cancellation certificate. One is not enough. |
| When can I start the new job? | After the new FWP is issued (and residence is updated as required) — not when the offer is signed. |
| Simplified 转聘? | Valid work residence + same occupation family + both papers, filed about 30 days from cancel. Windows vary. |
| Teacher → marketing? | Occupation change. Full qualification review, not simplified. |
| Residence almost expired? | File 30–60 days early or you slide into a stay visa / overstay. |
| Non-compete? | Labour Contract Law Art. 24 is a separate arbitration risk. A new permit does not cure it. |
Scope and legal framework
This is the 转聘 / change-employer SOP for someone who already has a new China sponsor. No sponsor: job-loss page. First China hire: timeline page.
Exit and Entry Administration Law Art. 41. A foreigner who works in China must obtain work authorisation and the corresponding residence papers. The authorisation is employer-specific. Working for a unit that is not on the permit is unlawful even if a private contract has been signed.
Exit and Entry Administration Law Art. 80. Illegal employment exposes the foreigner to fines and, in serious cases, detention. The employer that used the labour is separately penalised. “We were just overlapping for a handover” is not a defence.
Provisions on the Administration of Foreigners Employed in China (2017 amendment). The foreigner works only for the employer stated on the Foreigner’s Work Permit. A change of employer or occupation requires the administrative process — not a side letter between two HR teams.
Work-permit service rules (SAFEA / local FAST). When employment ends, the employer generally applies to cancel within 10 working days. The cancellation certificate is the input to the new employer’s 境内申请.
Labour Contract Law Art. 24. Post-employment non-compete (竞业限制) can bind senior managers, senior technical staff and employees with confidentiality duties if the statutory compensation structure is in place. Review it before you accept a competitor. This page does not price liquidated damages.
Practical workflow
- Before resigning: check occupation match, residence remaining term, new employer’s SAFEA/MOST account, and any non-compete.
- End the old contract in writing. Get 离职证明. Diary the ~10-working-day cancel duty.
- Collect the cancellation certificate in your hand — HR WeChat is not the certificate.
- New employer files 境内申请 (Domestic application for a Foreigner’s Work Permit), typically within ~30 days of the certificate. Online review is often about five working days when the file is clean.
- Do not start work. Interviewing is fine; payroll and office attendance are not.
- When the new FWP card exists, update work residence at Exit-Entry with the employer letter and a fresh 住宿登记 if you moved.
- Enrol social insurance with the new employer unless a bilateral exemption actually applies.
Use the current Service System for Foreigners Working in China (SAFEA/MOST). Portal hostnames change; have HR open the live system rather than an old bookmark.
Common mistakes
- Overlapping work while the old FWP is still in the previous company’s name.
- Assuming any job change is “simplified 转聘.” Occupation family matters.
- Starting with 20 days left on residence.
- Self-translated diplomas in the online pre-review.
- Ignoring a paid non-compete because “immigration already approved me.”
Action checklist
- Write the new job title next to the old FWP occupation. Same family or full review?
- Count days to residence expiry. Prefer 30–60 days of slack.
- Confirm the new company can log into the foreigners-working system today.
- Read the old non-compete and who still pays compensation.
- Resign only with a plan to collect both release papers.
- Do not join Slack, payroll or the office floor until the new FWP is issued.
- Update residence and 住宿登记 the week the new card arrives.
Find a China visa & immigration lawyer
The verified Visa & Immigration listings below are live DJ Classifieds profiles. Non-compete fights may also need employment counsel.
