我们都知道，外国人在华合法工作必须获得工作许可证和工作类居留许可证，但仍然有很多人以为只要他们持有着任意一个有效的证件或签证就算是合法工作了，那么这一期大鹤总结了一些在实际办理的过程中，申请人常犯的错误和不正确的理解。

As we all know, foreigners who work legally in China must obtain work permit and residence permit for work, But there are still many people who think they are legally allowed to work as long as they have a valid document, but there are still many people who think they are legally allowed to work as long as they have a valid permit or visa. In this installment, Dahe have summarized some mistakes and incorrect understandings frequently made by applicants in the actual handling process.

01只办理了《外国人来华工作许可证》，而未按规定办理工作类居留许可

Only the "Work Permit for Foreigners in China" has been applied for, but the residence permit for work has not been applied for as required

通常发生在申请人已持有长期居留许可在境内，譬如：2年或5年的团聚类居留许可，在获得《外国人来华工作许可证》之后，因为没有签证到期的压力，加之工作繁忙，一拖大半年才想起来。另外，还有些人觉得手里的5年团聚居留许可比1年的工作类居留许可香，不愿意去换短期的，觉得反正都是居留许可，自己也获得了工作许可证，换不换居留许可无所谓。

This usually happens after the applicant has held a long-term residence permit in China, such as a two-year or five-year residence permit for reunion, and has obtained a Work Permit for Foreigners in China. Due to the pressure of no visa expiration and busy work, it took a long time before they remembered. In addition, some people feel that the 5-year reunion residence permit is better than the one-year work residence permit, and they are not willing to exchange the short-term one. They think it is a residence permit anyway, and they have obtained the work permit, so it doesn't matter whether they exchange the residence permit or not.

02只办理了工作类居留许可，未办理工作许可证

Only applied for residence permit for work and have not applied for work permit

有些人持工作签证入境后，办理了工作类居留许可证，没有了签证到期的压力，加之对政策不熟悉，未按规定继续办理工作许可证，直到延期工作类居留许可证被告知要出示工作许可证时，他们才明白了问题所在。

Some people apply for residence permit for work after they entering China with Z visa, without the pressure of visa expiration and unfamiliar with the policy, they do not continue to apply for work permit as required, only when they are told to show their work permit for the extended  residence permit for work, they work out what the problem was.

03持A公司两证，在B公司上班

Hold work permit and residence permit for work of Company A and work for Company B

不同于中国籍员工，外国人是不允许派遣的，有“纳税承诺“的申请人甚至连个税都不允许由专业的第三方服务公司代缴纳，必须在用人单位自己名下缴纳。

Unlike Chinese employees, foreigners are not allowed to be dispatched. Applicants with a "tax commitment" are not allowed to pay even their personal income tax on behalf of a professional third-party service company and must pay it under the employer's own name.

出现这样的情况，原因很多，譬如：B公司不具备招聘资质（譬如：办学证），通过有资质的A公司办理才能招聘该外籍员工；或者AB公司存在高度关联等等，有着反正都是“一家人“的观念，等等。

There are many reasons for this situation. For example, Company B does not have the recruitment qualification (such as the school-running certificate), and the foreign employee can only be recruited through qualified Company A;Or A and B company has a high degree of association and so on, with the idea that it's all "family" anyway, and so on.

04持A公司的工作证，但拿着B公司就业签发的工作类居留许可

Hold work permit issued by Company A but residence permit for work issued by company B for employment

譬如，某外籍员工在B公司离职跳槽去了A公司， A公司帮其办理了《外国人来华工作许可证》，但B公司之前给办的是五年的工作类居留许可证，而A单位只能申请到1年的工作类居留许可。

For example, foreigner leaves his job in Company B and goes to Company A, and Company A helps him with the work permit, but company B previously helped him get residence permit for five years, while Company A can only apply for residence permit for one year.

注意：按政府相关规定，外籍员工在哪家单位办理就业手续，就必须在哪家单位就业，而且两证必须都办在同一用人单位名下，否则同样视为“非法“，按非法就业和非法用工处罚相关当事人。

Note: according to the relevant regulations of the government, if the foreign employee goes through the employment procedures, he/she must work in the same employer, and both certificates must be held under the name of the same employer. Otherwise, it will be regarded as "illegal", and relevant parties will be punished according to illegal employment and illegal employment.

05持有未注销的国内身份证就业

Work with an uncancelled domestic ID Card

曾经拥有中国国籍，持外国护照和长期签证入境（譬如：10年探亲，每次可停留180天），因未注销户籍和身份证，依然拿着国内身份证在华就业。中国不承认双重国籍，这样的情况，一经查实，也是注定要被处罚的。

其实，相当一部分申请人是清楚的自己的行为是不合规的，只是出于各种原因，譬如：希望保留中国户籍（可能涉及到购房），或者嫌回国籍所在国出具无犯罪麻烦等等。但这是一个定时炸弹，它会在某一时刻爆炸，并留下很多麻烦。

Once had Chinese nationality, holding foreign passport and long-term visa to enter China (for example: 10 years to visit relatives, can stay 180 days at a time), because the household registration and identity card were not cancelled, still took the domestic identity card to work in China.China does not recognize dual nationality, and such a situation, once verified, is doomed to be punished.

In fact, quite a few applicants are clear that their behavior is not legal, just for a variety of reasons, such as: want to keep the Chinese household registration (which may involve buying a house), or suspected to return to the country of nationality to issue no criminal trouble, etc. But it's a ticking time bomb, and it goes off at some point, and it leaves a lot of trouble.

注意：中国不承认双重国籍，在持外国护照和签证入境后，仍然拿着未注销身份证就业的，同样将被视为“非法“，按非法就业和非法用工处罚相关当事人。

Note: China does not recognize dual nationality, and those who enter the country with a foreign passport or visa but still work with their id card will also be considered "illegal", and the relevant parties will be punished according to illegal employment and illegal employment.

美国签证全方位策划，一对一定制美签方案(美国工卡美国绿卡美国移民)