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Chinese wife, can I work on family visa?
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AussieGus



Joined: 29 May 2014
Posts: 108

PostPosted: Thu Nov 06, 2014 10:57 pm    Post subject: Chinese wife, can I work on family visa? Reply with quote

Hi all.

I'm sure this has come up before but I can't find it. So here goes.

Just wondering if its feasible to live and work in China teaching English while on a family visa? I have a Chinese wife and we're contemplating moving to China next year with our two children as life in Australia is so uninspiring. I know its supposedly illegal for foreign ESL teachers to work on anything but an Z visa unlike South Korea where those with a local spouse can legally work.

But what does that mean in reality? What if I just avoided all the hassle of the medical checks, etc involved in procuring the Z visa and just taught on the family visa which is renewable indefinitely. Be much easier, wouldn't it? I do have the requisite teaching qualifications; BA, TESOL and six years teaching experience in Korea, btw. Just can't be arsed going through all the hassle when with a Chinese wife you should be able to work to support your family.

I'm sure the PSB have better things to do than worry about something so trivial.

Any information would be greatly appreciated.
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Shanghai Noon



Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China

PostPosted: Thu Nov 06, 2014 11:17 pm    Post subject: Reply with quote

It is illegal to work as a teacher without a foreign expert certificate. I suggest doing it legally if you want a stable income. Working illegally you will probably be restricted to pieces of part-time work. These are lucrative on their own, but exhausting and unstable. To stay as a spouse you will probably be required to have a medical exam anyway. I sympathize with you, but the government's logic is that getting hitched to a Chinese national isn't a job qualification. In our home countries, we don't allow foreigners to be school teachers just because they marry a local. Some provinces will give you the foreign expert certificate if you have a spousal visa/residence permit, but starting with a Z visa is more secure.

Depending on what your degree is in, you might be able to get a job at a school where your children can be admitted for free, or reduced tuition as a benefit. I hope this helps.
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water rat



Joined: 30 Aug 2014
Posts: 1098
Location: North Antarctica

PostPosted: Fri Nov 07, 2014 1:07 am    Post subject: Reply with quote

When you say Australia is uninspiring, can you mean it's less of a challenge than living in China? I've never been, but Oz sounds pretty top drawer to me, and China... I think you know what China is like. Enough said.

The medical check isn't much of a hassle if you are in even passable health - can toddle from one nurse to the next and cough or not cough at the right time. I've been through med exams twice over the years. They took twenty minutes tops and were cursory at best. The man who directed my attention to the eye chart last time - I don't believe he was even paying any attention to my responses. The company paid, and I was never 'bothered' by the medical reports again.

So you know the Z visa is the only legitimate way to go, so what good is it to talk about what you 'should' be allowed to do? The way it is done is not that hard if you have a professional and legit employer, and you will want such an employer in any case. If after a few years they cannot renew your visa for some arcane reason, why you'll probably by then, be finding life in China too inspiring and be longing for Australian life - a Foster's in every garage and a wallaby in every pot... Smile
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AussieGus



Joined: 29 May 2014
Posts: 108

PostPosted: Fri Nov 07, 2014 2:35 am    Post subject: Reply with quote

Thanks for the replies so far.

Uninspiring and depressing.

Water Rat, have you ever been to Australia? The short answer is that there are few opportunities for someone of my age, job history, qualifications and ethnic group (Anglo Australian) along with the fact that life down under is boring as batshit. The long answer is that Anglo Aussies are a dying race. A fate largely self inflicted. Superficially it might appear like the land of milk and honey with a pristine, safe environment, a stable democracy and world class healthcare and education which is free. Reality is different. The pervasive political correctness is making life very difficult here for locals (True blue Aussies have to be the only ethnic group in the world that actively discriminate against their own people in the name of multiculturalism)not to mention the fact that life here is mundane, bland, sanitized and one dimensional.

The fact is I prefer the expat lifestyle and regret ever coming back to Australia. Immigrants love Australia due to the fact that governmental and social policy favour them. Nothing against them, my wife is one. However there's little future here for someone in my situation.


Last edited by AussieGus on Fri Nov 07, 2014 3:02 am; edited 1 time in total
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ekim10



Joined: 09 Jan 2014
Posts: 15

PostPosted: Fri Nov 07, 2014 2:53 am    Post subject: Reply with quote

AussieGus wrote:
....Superficially it might appear like the land of milk and honey with a pristine, safe environment, a stable democracy and world class healthcare and education which is free. Reality is different. The pervasive political correctness is making life very difficult here for locals (True blue Aussies have to be the only ethnic group in the world that actively discriminate against their own people in the name of multiculturalism)not to mention the fact that life here is mundane, bland, sanitized and one dimensional...


Sounds quite a lot like the U.S. Smile
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kungfuman



Joined: 31 May 2012
Posts: 1749
Location: In My Own Private Idaho

PostPosted: Fri Nov 07, 2014 3:12 am    Post subject: Reply with quote

A friend of mine in Wuxi married a Chinese girl - who happens to be the ugliest female in China - and he has worked on his family visa since day one.

He and I have discussed it several times and I guess his family visa is for more than one year as opposed to a one year - or less - RP.

He has had several different jobs since I met him about 5 or 6 years ago and only one urged him to change the visa but then backed down after he told them he didn't want to change it as getting it changed BACK to a family visa in the future was a big hassle.

To date he has never had a legal problem working - but then again maybe he just never got caught.

Is his work legal? Er no but then again the Chinese government doesn't make it easy for the spouse of a Chinese national to do anything, now does it?
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asiannationmc



Joined: 13 Aug 2014
Posts: 1342

PostPosted: Fri Nov 07, 2014 7:58 am    Post subject: Reply with quote

Family visitation visa: no work

Long term visa known as the "Green Card" allows the spouse to work.
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Voyeur



Joined: 03 Jul 2012
Posts: 431

PostPosted: Fri Nov 07, 2014 9:51 am    Post subject: Reply with quote

I'm not sure the Foreign Expert Certificate and the Z Visa are essentially the same thing. It could be that you could get the cert, but still use the family Visa. Some good jobs may require the certificate.
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drjtrekker



Joined: 16 Feb 2008
Posts: 251

PostPosted: Fri Nov 07, 2014 10:15 am    Post subject: Reply with quote

Aus,

Either Visa is basically the same, as far as hassle. Not too much.
The difference is, if you come in on a spousal, and ever want to switch to a Working Permit, u need to go back home.
Now that is the hassle.

The other poster was right. If your on spousal, your work will be part time, most likely, which isn't a bad thing necessarily, but you may have to go to many different places with different companies for work.
Again, this is a hassle.
And, you most likely will not get hired from a Uni, and some other types of employment, at least the more reputable ones. China is starting to crack down, sorta, seemingly in certain locales, regarding work visas.

I'm on a spousal, have a couple friends doing the same.
It has its pros and cons. If you start your own biz, or your own home school, it can be good. Again, you gotta hustle and find the right situations.

If you come in on a Z, with a GOOD job, meaning reputable Uni or school, you can always switch later to a spousal, simple to do.
But at least this way you can get your feet wet, since it seems from your previous posts you don't know the lay of the land, work wise.

Also depends on your financial circumstances.
If your not prepared, financially and otherwise, I think it would not be a wise move to leave a clean air, non censored "normal" country for this place, especially with kids, cuz it's "BORING" or whatever.
My Dogmatic Opinion there.
(I also have a child).

Aus, do your research on this forum, read the past posts about everything, job related and non, before u make a decision.
Find out what kind of jobs you can get, once u know where your going to go.
FInd out costs and the going rates for part time work and if there is a local laowai website/forum...this helps quite a lot when looking for work.

Ok, enough for now, good luck!
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El Macho



Joined: 30 Jan 2006
Posts: 200

PostPosted: Fri Nov 07, 2014 2:59 pm    Post subject: Re: Chinese wife, can I work on family visa? Reply with quote

It is illegal to work on a family visa. Don't do it.
AussieGus wrote:
But what does that mean in reality?
It means you're breaking the law and can be subject to fines, prison, and deportation. Here are the consequences for illegal employment.
Quote:
What if I just avoided all the hassle of the medical checks, etc involved in procuring the Z visa and just taught on the family visa which is renewable indefinitely. Be much easier, wouldn't it?

You'll still have to do a physical in China for your residence permit, so it won't save you that any hassle. Also, you'll be working illegally and not paying tax, which can potentially wind you up in jail and/or deported.

Depending on where you are, the PSB may not be willing to give you year long RPs if you don't have employment.

As an illegal worker, employers can take advantage of you and you will have zero recourse (as opposed to the very small amount of recourse you would otherwise have). Since you'll most likely be working hourly, you won't be able to get the other benefits of a teaching job like airfare and housing.

Just be legal – in addition to being the right thing to do, not having to look over your shoulder is worth it.
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Bud Powell



Joined: 11 Jul 2013
Posts: 1736

PostPosted: Fri Nov 07, 2014 4:32 pm    Post subject: Reply with quote

A friend has been in China for eight years. He's married to a local and has a spousal visa. He lives in a city of less than 2 million.

He owns property.

He worked for a university for five years while running a school out of his apartment. The PSB came to his house and let him know that they knew that he was teaching in his home and told him that he could continue as long as he didn't sign up more students.

That was three months ago or so.

Then he was summoned to the PSB for what could have been a big hassle. All the PSB wanted was to check his papers to ascertain that he was who he was. His wife is satisfied that there won't be a hassle.

This is just one anecdote. That doesn't mean that someone in another city would be treated the same way.

My understanding is that a spousal visa does not allow one to work. I was surprised when he wasn't fined. I think that a lot of times, it's easier to get forgiveness than it is to get permission. Mt guess is that if he had gone through the hassle of applying for a business license FIRST, etc., he would have been refused. They didn't hassle him about taxes or a license, something that i find quite strange.

You might get away with working, but you might also go to jail. I wouldn't risk it. Go legit and talk to someone who knows the law and how it is applied.
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AussieGus



Joined: 29 May 2014
Posts: 108

PostPosted: Fri Nov 07, 2014 10:13 pm    Post subject: Reply with quote

Its blatantly unfair.

In Australia Chinese on a spousal visa are allowed to legally do any work they're able to get plus access free medical care. The only thing they can't do is access social welfare which happens after two years. No wonder when they arrive in Australia they think they're in heaven. Another thing I can't stand about the Australian version of multiculturalism; we bend over backwards to accommodate them yet in China they treat us so shabbily. Why won't they reciprocate? Korea might be the most xenophobic country known to mankind but atleast there foreign spouses get a fair go. They can work legally and even have access to subsidized medical treatment.

Another thing is would a Westerner really go to jail in China purely for working illegally? Unless there was drugs, sexual assault, etc involved I highly doubt it. I would've thought you'd get a warning at worst.
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JoeKing



Joined: 30 Apr 2008
Posts: 519

PostPosted: Fri Nov 07, 2014 10:39 pm    Post subject: Reply with quote

kungfuman wrote:
A friend of mine in Wuxi married a Chinese girl - who happens to be the ugliest female in China - and he has worked on his family visa since day one.

He and I have discussed it several times.
What do you say to your friend during those discussions, and doesn't he take offense? Hopefully you two discuss it out of earshot of his wife! Laughing
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Shanghai Noon



Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China

PostPosted: Sat Nov 08, 2014 1:10 am    Post subject: Reply with quote

AussieGus wrote:
Its blatantly unfair.

In Australia Chinese on a spousal visa are allowed to legally do any work


You are right. It is unfair, but not for the reason you think.

When you get your Z visa, you are supposedly vetted as an applicant. They supposedly check your credentials and make sure you qualify to work as an English teacher or whatever job you might be applying for.

To get a spousal visa in China, you just need to prove you are married.

Your wife can work in Australia, but the Australian government does not allow her to be a school teacher just because she is married to you. This part is fair.

In China they will probably let you work on a spousal visa; just not in occupations that require a Foreign Expert Certificate. Teaching English is one such occupation, along with medicine, law, engineering, and others. This is the unfair part: that to teach 4-year-olds their ABCs you need to go through the same vetting process as someone who will be designing bridges.

Again, for what it's worth, I recommend you do it legally. I know that getting caught is unlikely, but do you really want to be running that risk when you have two kids? It will also be more stable and better for a family, especially if you can teach a subject at a fake international school where your kids can go for free or reduced tuition. I have been hired twice to teach basket weaving, and both jobs offered 18,000 per month plus housing. No negotiation was needed.
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El Macho



Joined: 30 Jan 2006
Posts: 200

PostPosted: Sat Nov 08, 2014 2:10 am    Post subject: Reply with quote

Oops, I fed the troll! Embarassed

Last edited by El Macho on Sun Jun 28, 2015 6:36 pm; edited 2 times in total
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