Job Discussion Forums

[gossamerwillow]

So, I have this question that I can't seem to find any information about. I arrived in China 10/27 on a Z Visa to work at a school in Yantai. The company I work for is in Hangzhou. I sent my passport to them 2 weeks ago so they could process my residence permit. Well, this past week they told me that I had to go back to Hangzhou to apply for my residence permit in person since they finally received my expert certificate. After flying all the way down there, I went to the visa office, had to pay the 40 yuan to get my picture taken again, waited for some paperwork (which I signed) and that was all. It took about 10 minutes. I'm wondering if this is a normal procedure? Especially since I did the picture part on my arrival along with the medical exam. Obviously, this would cost a lot since I had to take a flight there and back, several subways, trains, taxis, hotel stay, etc... Anyway, I would like to know if this is a normal procedure for everyone or what the heck happened that I had to do this? TIA

[Shanghai Noon]

Absolutely not. You normally apply for your residence permit in the city where you work. If you don't, I'm not actually sure how the law works. I have heard from some sources that it is totally illegal, while others have told me that it depends on the school's FEC license. Anyhow, your contract should say something about reimbursement for these expenses.

[gossamerwillow]

[hz88]

It is illegal.

The likely reason is that the company you work for is using the licence of someone in Hangzhou to get you a resident permit.

You should only be working in the province where your resident permit is issued as it is tied to that school in that province. Yantai is in Shandong. I rather suspect that school has no licence to hire foreigners and have teamed up with someone in Hangzhou.

This circumventing of the rules does happen, I don't want to get into rules and regulations as this has been mentioned before but if the PSB come for a check, they will want to know why you are at a school in an entirely different province to where your resident permit is issued. I hope you have the answers.

That is why they had you travel half way down the country for some photographs. You have to present yourself in person to verify it is you actually applying.

[gossamerwillow]

[3701 W.119th]

I thought it was where the company is headquartered?

For example, EF HQ is in Shanghai, all EF (non-franchised) employees do their onboarding training in Shanghai while their RP is processed there - in Shanghai - then move on to their destination city to teach. The contract states that you are 'on secondment' to your host city, but your employer is the HQ company.

I highly doubt this is illegal if done in this way. The problem seems to be that some companies may bend the rules / cut corners in not doing it correctly, but the concept itself seems perfectly legal.

I know for a fact that - everything else aside - EF's centrally-run schools employ teachers fully above-board and legally.

[gossamerwillow]

[hz88]

Sorry if I inadvertently misinformed you. My knowledge is limited to the Government school area not the training centres and associated franchises.

I have no intention of getting you worked up for no good reason, it is better just to be cautious. Following what the previous poster said, you might want to see where the Head Office of your company actually is. You should be able to find that somewhere. If it is in Hangzhou then that might answer your question. The only thing that did stand out was that you mention one of your colleagues went to a different location.

It is point of fact that some companies and even schools that do have licences sometimes do let others use their licence. The experience I have seen in my province is though it is only localised and certainly this year has almost been eradicated. In fact this summer I was approached by a local training centre with a similar proposition which we declined outright.

Whatever happens, your school will have to register you with your local police in Yantai so they would see your resident permit is issued elsewhere. You don't usually have to be present at those trips to the PSB but certainly they would see it. If they have a good relationship with your school it might be overlooked, but if anyone from provincial HQ turns up unannounced (and they usually do) then it would be harder to explain.

It is very difficult to be subtle when questioning Chinese about these matters. If it bothers you so much I would just mention that you believe that a resident permit should be issued from your own province and see what they say.

Don't sweat about it but on the other hand forearmed is forewarned!

[gossamerwillow]

[hz88]

Regarding the issuing of the FEC, it is a three step process. You arrive on your z visa which is then valid for thirty days. During this thirty days, your school will apply for your FEC at the provincial HQ, then they can apply for your resident permit. Ordinarily the person would be resident in the city where the resident permit is being issued. So in your case they will have acquired your FEC at the SAFEA HQ in Hangzhou then they will have to take this to the PSB which covers the city where your school is.

It is at this point you need to be present as they will take your photographs ( and in some provinces fingerprints). A few years ago it was hit and miss whether you needed to be present but to cut down on misrepresentations they introduced this step.

This is why you had to go to Hangzhou for this final step and not Yantai as your resident permit is not being issued from there. You cannot have an FEC issued in one province and a RP in another. You FEC is issued in the same province as your RP.

Regarding the legalities of this, as I said I am not totally sure, as another poster suggested, check your contract for a similar clause to that which he mentioned. I really cannot say but I do suggest you ask about this as tactfully as you can. At least then you can say later you did ask should the need arise.

The last stage will be when your passport is finally back with you and the RP processed you will have to be re registered at the local PSB to your school in Yantai. Your school may not mention this part to you as as I said before its a rare case you have to show up for that, but you can if you so wish ask them for a copy of your foreigner police registration. If they ask why then say that you need it for financial transactions. They can't really argue with that as it is indeed sometimes needed.

[gossamerwillow]

[OhBudPowellWhereArtThou]

[gossamerwillow]

[3701 W.119th]