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Gary Chodorow's FAQ- Sources in Chinese

 
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bluetortilla



Joined: 18 Apr 2006
Posts: 815
Location: Henan

PostPosted: Tue Apr 29, 2014 12:58 am    Post subject: Gary Chodorow's FAQ- Sources in Chinese Reply with quote

Chodorow puts out a handy FAQ on visas:

http://lawandborder.com (look under China visa law)

I realize it's only for the issues of U.S. citizens applying for visas in the PRC, but I'm sure it's handy enough for most folks.

Anyway, how can I get to the sources of his information? For example, he usually cites the EEAL, but I'm unable to find the specific provisions. I need the actual Chinese and the government source to show in my dealings with schools, potential employers etc.

For instance, there is a new regulation that with permission of the school, X1 student visa holders are now allowed to work part time. Trouble is, no one knows about it. Procuring the government source documents might help. While that may seem unlikely, it's certainly worth a try with an agent or maybe even a lawyer (I don't know their costs though).

Personally, I need a viable way to attend grad school, and the Foreign Experts Z visa route isn't working out very well for me anymore.

Any URLs would be appreciated. I can make my way around a Chinese web site.
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Tue Apr 29, 2014 1:37 am    Post subject: Reply with quote

The one thing Gary has mentioned when it comes to Chinese law is that is not all openly accessible. Some the public never sees, some only certain entities and individuals can access, the rest is public domain so to say. I think it is the root reason why things are interpreted differently, confusion and so forth. That MAY be the issue you are having.
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bluetortilla



Joined: 18 Apr 2006
Posts: 815
Location: Henan

PostPosted: Tue Apr 29, 2014 4:15 am    Post subject: Reply with quote

jimpellow wrote:
The one thing Gary has mentioned when it comes to Chinese law is that is not all openly accessible. Some the public never sees, some only certain entities and individuals can access, the rest is public domain so to say. I think it is the root reason why things are interpreted differently, confusion and so forth. That MAY be the issue you are having.


Not to drag the blog over to here, but since he hasn't answered my questions- what good is it making new immigration regulations if nobody knows about it? After all, my school is not going to take my word for it. No recruiter is going to say to a school, 'well, there's an English website that says the candidate can work part-time so don't worry about it.' I can see now why schools are not permitting this.

So the upshot is- whatever the new regulations- that if you want to legally study in China you have to enough money for tuition, living expenses, and the whole works because you are not going to get that annotation on your RP....

Finally, does anyone know what IS public domain and how I can access it?
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Tue Apr 29, 2014 4:33 am    Post subject: Reply with quote

thing is, the regulations (at least what i've seen translated and posted) say
you can work part-time as a student with the school's permission.

the law doesn't give you the right to work, it gives the school the right to
allow you to work.
big difference. there ain't no piece of paper you can
wave at the school and say they gotta let you work. if they say no, then
you have no recourse.

who could you complain to? if you did, what would you say? that you
don't have enough money to support yourself while studying? that
wouldn't help your cause.

also........how do you define part-time work as a student? what's the
intent? especially when it comes to foreign students who are expected to
have the funds to support themselves.

if the law doesn't say (and even if it does, good luck with that!), then it
comes down to individual interpretation. mr. permission-man might say
"part-time work for a student should be no more than 5 hours per week,
just enough to pay your bar tab. you're here to study, right? you want
to work and make money? get a work visa."
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bluetortilla



Joined: 18 Apr 2006
Posts: 815
Location: Henan

PostPosted: Tue Apr 29, 2014 2:12 pm    Post subject: Reply with quote

choudoufu wrote:

the law doesn't give you the right to work, it gives the school the right to
allow you to work.
big difference. there ain't no piece of paper you can
wave at the school and say they gotta let you work. if they say no, then
you have no recourse.


Know all that but actually it's worse:

"The law delegates to the Ministry of Education the obligation to establish a framework for foreign students to obtain work authorization. (EEAL, art. 42.) The Beijing PSB stated orally on Oct. 16, 2013, that the framework has not yet been published, so it’s not yet possible to apply for authorization for a part-time job or internship, except on an ad-hoc basis. Presumably, that framework will cover any rules related to on-campus employment as well."

Could literally be years before the 'framework' is realized.

I do not believe at all in this idea (by whoever conceives it) that you are here either 'to work or to study.' Think of all the people here working on just $1000 USD a month like me. Why are we here? I don't know about others, but I came here to study linguistics, and study I have. Gotta eat. Not independently wealthy. Would like to do something in life.

That doesn't mean jack to the school (perhaps) or the government but it means a lot to me personally. This is my life after all; they may make the rules, but I'm the one out there taking action. Folks who get master's degree are doing good for themselves, and doing good for the greater society. I think anyone with the aptitude and diligence should have the right to earn for themselves the basic necessities of life while they pursue their studies. Then again, I'm an idealist. What do I know?
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Tue Apr 29, 2014 8:22 pm    Post subject: Reply with quote

Why don't you just teach online? There are like three big online schools in China that you can work for and others in Russia, Japan, etc that pay even better. Circumvent the lack of logic in Chinese law altogether. Gary seems good at responding if he feels it will bring him clients. He is a lawyer...
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bluetortilla



Joined: 18 Apr 2006
Posts: 815
Location: Henan

PostPosted: Wed Apr 30, 2014 2:52 am    Post subject: Reply with quote

jimpellow wrote:
Why don't you just teach online? There are like three big online schools in China that you can work for and others in Russia, Japan, etc that pay even better. Circumvent the lack of logic in Chinese law altogether. Gary seems good at responding if he feels it will bring him clients. He is a lawyer...


Hey, that's a great idea that I haven't even considered. It's just part-time work after all. The only problem is my mug! lol
I'm gonna start on looking into that right away.

I was wondering if I an immigration lawyer or an agency could help in my situation, and I'm checking into that. I did try contacting Gary twice but so far haven't gotten a response. He may be a lawyer, but he also looks extremely busy. One thing I'd like to have is the new EEAL in Chinese. Sure, it might not help much but the more info one has the better eh? And salty dogs here may take for granted the impression that a laowai who can read Chinese makes in dealing with individual people.
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