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New teacher in China - When is the paperwork over?

 
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Big_H



Joined: 21 Dec 2013
Posts: 115

PostPosted: Tue Mar 24, 2015 1:17 pm    Post subject: New teacher in China - When is the paperwork over? Reply with quote

Greetings everyone,

As the title says, I'm debuting in a language center and I'll receive the foreign expert certificate in a day or two; however the resident permit won't be granted for another couple of weeks.

Do I need to wait for that permit before starting to give lessons or is the government only concerned about the expert cert.?

Frankly I'm not too concerned about starting a few days early, but it'll be handy information to know when the school should officially start deducting taxes from the wage (i.e. After the teacher gets his FEC or after he receives his residence permit).
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GreatApe



Joined: 11 Apr 2012
Posts: 582
Location: South of Heaven and East of Nowhere

PostPosted: Wed Mar 25, 2015 12:51 am    Post subject: Reply with quote

Congratulations on the FEC Big_H!

I tend to err on the side of caution in this particular situation because I had a bad experience in my first job in the PRC in 2010 when I started working about 7 days before the RP was in my passport. Like you, I had the FEC, but did not yet have the RP.

I MISTAKENLY thought that as long as the FEC had been obtained and the RP paperwork had been turned in, I would be okay and I could work. WRONG! Embarassed

Others will have had different experiences, I'm sure ... Having said that, the LOCATION (relative isolation and/or security of the school) could definitely play a role in how "secure" the teacher is, especially if he or she is working "illegally." I wouldn't work for a language center without being completely cleared with all the "i's" dotted and the "t's" crossed, especially if the center is (like many are) located in the city center or in a business area.

My personal advice is DON'T start early, EVER! Wait until all documents are in your possession and you're 100 % "legal." And for newbies, don't assume that just because the papers have been filled out and turned in, that that means you are "good to go." Because it doesn't.

Best of Luck.

--GA


Last edited by GreatApe on Wed Mar 25, 2015 12:54 am; edited 1 time in total
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dblkhqc



Joined: 26 Feb 2015
Posts: 34

PostPosted: Wed Mar 25, 2015 12:53 am    Post subject: Reply with quote

Foreign Expert Certificate must be ISSUED to begin employment. Resident Permit is simply a necessity to continue residing in China - it is tied to your employer and it requires a copy of the FEC to be issued, but it DOES NOT limit your ability to work. The caveat on that last part is that it must be obtained within 30 days of entry into China, otherwise you are here illegally and thus not allowed to work. This information is pretty clearly stated online.
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Wed Mar 25, 2015 1:07 am    Post subject: Reply with quote

dblkhqc wrote:
Foreign Expert Certificate must be ISSUED to begin employment. Resident Permit is simply a necessity to continue residing in China - it is tied to your employer and it requires a copy of the FEC to be issued, but it DOES NOT limit your ability to work. The caveat on that last part is that it must be obtained within 30 days of entry into China, otherwise you are here illegally and thus not allowed to work. This information is pretty clearly stated online.


Agree. I can't imagine having a problem working if arriving on a z-visa and getting the FEC. In fact I'm pretty sure I must have taught many times while the FEC was in process and certainly before the Residence Permit was approved and affixed.

GreatApe, can you give more details? Z-visa? What part of the country? Who gave you trouble, the PSB?
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Big_H



Joined: 21 Dec 2013
Posts: 115

PostPosted: Wed Mar 25, 2015 2:28 am    Post subject: Reply with quote

Alright, thanks for the feedback everyone. I feel that I should give more details like that I arrived here on a Z-visa and that my school is in the business district of a major city (Shanghai).

GA, can you give me more details as to who was giving you trouble on your first experience, and how did it end up?

roadwalker wrote:
In fact I'm pretty sure I must have taught many times while the FEC was in process and certainly before the Residence Permit was approved and affixed.


The school is rushing me into starting early, but like I said I'm not too worried about that. So if you have taught before even getting your foreign certificate, did your school/university tax you on those days?
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Wed Mar 25, 2015 3:06 am    Post subject: Reply with quote

I'm sure if it came down to reporting taxable earnings and withholding taxes based on post-FEC acquisition, the unis I worked for would just move the reported days of my teaching around to suit the paperwork. Perhaps there are hard rules about not working without a Residence Permit, but until GreatApe's comment, I had never heard of anyone else running into them. The FEC makes sense, since it's still theoretically possible to be denied the certificate. But as dblkhqc wrote, the RP, while tied to a sole employer if based on a z-visa entry, is concerned with staying (residing) in China, not working.
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hdeth



Joined: 20 Jan 2015
Posts: 583

PostPosted: Wed Mar 25, 2015 3:10 am    Post subject: Reply with quote

It's normal to start work before getting a residence permit or even an FEC. Don't sweat it. If they're really sketchy and delaying things it's a problem but if they genuinely seem to be sorting things out then just chill. it takes about a week most places to get an FEC and a few weeks to finish off the residence permit process.
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GreatApe



Joined: 11 Apr 2012
Posts: 582
Location: South of Heaven and East of Nowhere

PostPosted: Wed Mar 25, 2015 4:46 am    Post subject: Reply with quote

roadwalker wrote:
Quote:
GreatApe, can you give more details? Z-visa? What part of the country? Who gave you trouble, the PSB?

This was back in 2010 in Guangdong, so it's been a long time since then and, as you guys know, things have changed and do change quickly in the PRC. I came to China on an L visa, which was converted to a Z visa. I had my FEC (rather, the school had it), and the paperwork was filed at the PSB for my RP.

The trouble came from the PSB. Looking back on it, it wasn't that big of a deal and the RP was literally less than a week from arrival in my passport, but I did get taken out of a class and was escorted down to the local PSB office. I wrote a letter of apology, as did the school. I was NOT fined, but the school was. I was merely "warned" not to work without all my "ducks in a row" in the future. Nothing more ever came of it.

Having said that, I know a lot of teachers who have begun work early or started as soon as they entered the country (and on all sorts of different visas). I'm probably overly-sensitive to it at this point, even though it's certainly no big deal to me now (5 years later). I just prefer to play it safe because of the experience, and I don't want to shoot myself in the foot again.

I wouldn't consider my experience "typical" by any means. Your mileage and experiences (as well as the city and province in which you live) may vary.

--GA
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Shanghai Noon



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

PostPosted: Wed Mar 25, 2015 1:27 pm    Post subject: Reply with quote

I have worked at four jobs now in Shanghai while the FEC and/or residence permit was in the works. It's no problem. If the police come, you can show them that you are working on the application.
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