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melissa11
Joined: 28 Dec 2004 Posts: 25 Location: Canada
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Posted: Wed Mar 16, 2005 2:24 am Post subject: Have I been Legally or illegally employed?? |
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| I have been reading a few posts about needing a degree to be legally employed and obtaining a z visa. I have only my TESOL certificate and my high school diploma, but I have been employed by a school and I am waiting now for my confirmation and invitation which has already been approved to arrive here so I can apply for my z visa. ??????? |
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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Wed Mar 16, 2005 3:11 am Post subject: |
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"Guide for Foreign Experts Working in China" p. 46, 1999 ed. says: "This certificate [foreign experts invitation confirmation] proves that the State Bureau of Foreign Experts Affairs agrees that the holder come to China as an expert and asks the Chinese Embassy or Consulate to issue Visa Z according to the regulations concerned."
Your school may lie without your knowledge to expedite your arrival. Once you have your Foreign Experts Invitation Confirmation from the school and obtain your Visa Z from the Chinese Embassy, you are legal.
Without the Expert's Confirmation and Visa Z in hand, I would not consider coming unless you want to expose yourself to inconceivable abuse and exploitation. |
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anthyp

Joined: 16 Apr 2004 Posts: 1320 Location: Chicago, IL USA
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Posted: Wed Mar 16, 2005 2:47 pm Post subject: |
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| tofuman wrote: |
| Your school may lie without your knowledge to expedite your arrival. Once you have your Foreign Experts Invitation Confirmation from the school and obtain your Visa Z from the Chinese Embassy, you are legal. |
Well, Mr. Tofu , as you should know it's not quite as easy as having a Z Visa and Invitation Letter.
Anybody can get the latter, and, subsequently, apply for the former. But these documents are only necessary to enter the PRC as a worker, you do not actually use them to prove legal employment in this country. To do that you must be in possession of a Foreign Expert's Certificate, which you absolutely cannot get without a BA.
OK, that's not exactly true, you can get the FE Certificate without a BA, just not legally. So to the OP, no, you are not going to be legally employed in this country without a BA, regardless of what your school tells you or even gives you, that is just not going to happen.
Now, I make no claims for anyone ever caring about your dubious status in this country, let alone discovering it ... |
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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Wed Mar 16, 2005 11:03 pm Post subject: |
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Page 48, op. cit.: "What is the Foreign Experts Certificate and how to apply for it? This certificate is necessary for foreign experts working in China to prove their identity and apply for residence permits.To apply for it, the work unit should present the introduction letter from the authoritative agent; cultural and educational experts should present the contract, agreement between the governmnents or universities, Visa Z or its duplicate, and 2 personal photos."
I know of one person without a bachelor's degree that honestly came into possession of all of the above documents. The Chinese people with whom he is associated are pathological liars, so it is possible that they falsified information without his knowledge.
A person with a Confirmation Letter and Visa Z should have no problem getting an Expert's Certificate, as I see it; however, I am one little man way out in the provinces. |
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anthyp

Joined: 16 Apr 2004 Posts: 1320 Location: Chicago, IL USA
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Posted: Thu Mar 17, 2005 3:12 am Post subject: |
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Another day, another Visa issue to hash over ... well then let's get down to brass tacks.
| tofuman wrote: |
| Page 48, op. cit.: "What is the Foreign Experts Certificate and how to apply for it? This certificate is necessary for foreign experts working in China to prove their identity and apply for residence permits.To apply for it, the work unit should present the introduction letter from the authoritative agent; cultural and educational experts should present the contract, agreement between the governmnents or universities, Visa Z or its duplicate, and 2 personal photos." |
Yes, but according to the State Administration of Foreign Experts Affairs own website (the agency responsible for issuing Foreign Experts Certificates ), in terms of qualifications, you need a BA (they also suggest two years experience, ahem). What you are talking about -- the Z Visa and Invitation Letter -- are the documents you need to apply for the FE Certificate, but you are ignoring qualifications.
| Quote: |
| I know of one person without a bachelor's degree that honestly came into possession of all of the above documents. The Chinese people with whom he is associated are pathological liars, so it is possible that they falsified information without his knowledge. |
Well, ignorance of the law is certainly no defense against it. When looking for a job in a foreign country, one must wonder, How will I be able to work legally there? What documents and qualifications are needed? If you don't bother doing your homework before coming to the PRC, and are foolish enough to trust any shady employer or recruiter who tells you to come on over ... you get where this is going.
| Quote: |
| A person with a Confirmation Letter and Visa Z should have no problem getting an Expert's Certificate, as I see it; however, I am one little man way out in the provinces. |
I have never heard of anyone actually going to SAFEA and applying for their FE Certificate directly; normally it is handled by the schools. And yes they will have a problem getting this work permit for their teachers if these teachers do not meet SAFEA's minimum qualifications -- unless they lie or use some other disreputable methods to acquire them.
As you know, Chinese immigration and employment laws are constantly changing ... I noticed that textbook you're citing was published 5 years ago! |
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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Thu Mar 17, 2005 7:17 am Post subject: |
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True that the book is 5 years old but it is the one they gave me 1.5 years ago. Page 40, op. cit. says, in response to the question, "Who can be considered Foreign Experts working in China?" "They should hold bachelor's degrees and have more than two years experience."
From the SAFEA site: "These refer to those experts who are employed by the Chinese schools and other educational establishments in such fields as publication, medicine, scientific research, culture and art, and sports. They should hold bachelor's degrees and have more than two years of experience."
Note the subjunctive "should." It doesn't say "must." I can't say why the school chose to hire an individual without a bachelor's degree, but since he has all necessary documents, and was truthful when he applied to the school, he did no wrong of which I am aware. His employer is a government agency with thousands of students It also employs a full time representative of the Communist Party who welcomed the FT into the school.
It is not a "shady" operation. There are some individuals who have expertise that supercedes the letter of the law, even if "should" did mean must, which it does not. Someone with a B.A. in history or anthropology, often unemployable in the USA, is hardly an expert here or anywhere else. Bachelor's degree or equivalent is really what they want.
For example, a person can attend law school and become a member of the bar without a bachelor's degree. Are you suggesting that someone with a B.A. in anthropology is an expert and the attorney is not, because he lacks a bachelor's degree? Some medical schools accept individuals without bachelor's degrees as well, based upon their completion of pre-med requirements, as do pharmacy schools. A person might have a J.D., M.D., or Pharm.D. without a bachelor's degree.
The point of the law is to keep morons out. Obviously, it has not succeeded, but they try. |
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Talkdoc
Joined: 03 Mar 2004 Posts: 696
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Posted: Thu Mar 17, 2005 9:20 am Post subject: |
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| tofuman wrote: |
| I know of one person without a bachelor's degree that honestly came into possession of all of the above documents. The Chinese people with whom he is associated are pathological liars, so it is possible that they falsified information without his knowledge. |
| tofuman wrote: |
| For example, a person can attend law school and become a member of the bar without a bachelor's degree. Are you suggesting that someone with a B.A. in anthropology is an expert and the attorney is not, because he lacks a bachelor's degree? Some medical schools accept individuals without bachelor's degrees as well, based upon their completion of pre-med requirements, as do pharmacy schools. A person might have a J.D., M.D., or Pharm.D. without a bachelor's degree. |
Hmm...we've gone from this special individual being the victim of "pathological liars" to now being a non-degreed yet established expert in the fields of "publication, medicine, scientific research, culture and art and sports."
I think it is still theoretically possible, in a few states, to sit for the bar exam without having first attended law school, after many years of clerking at a law office, but I think you would be hard-pressed to produce the name of anyone who's done it that way in over 20 years (as those days of junior apprenticeship are long gone and it takes a lot less time to actually attend law school). Your noted exceptions are (perhaps were) all theoretically possible but, as a matter of practice and in actuality, they are statistically miniscule.
Wouldn't it be a lot simpler (although less inventive) to simply say that the school fabricated his or her credentials because, for whatever reason, they needed or wanted this person? (Which was your first guess.) This is obviously an exception to enforcement, not law.
In fact, from what I've been told in preparation for our FAQ report, the use of the word "should" in that sentence is incorporated to mean that the expert "should" be in possession of at least a bachelor's degree: not that possession of any degree is considered superfluous for a foreign expert in China.
Doc |
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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Thu Mar 17, 2005 12:19 pm Post subject: |
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Doc,
You may be right about the school falsifying the individual's qualifications, although that may not be the case.
I didn't say you can practice law without law school, I said that one may be admitted to law school without a bachelor's degree, as well as pharmacy and medical school. You are right about "clerking." A few years ago it was still legal in at least one state, but probably quite rare.
The idea that one must have at least a bachelor's degree implies that lots of master's qualified individuals are eager to teach conversational English in China. Unless the person is a linguist or truly a "teacher" there are few reasons for a master's qualified individual to come to China
It is possible that some people who poorly planned their education in terms of job opportunities are eager to work here, but those unfortunate people are exactly the type of losers who should avoid this place like the plague. They will actually needthe job, and that is an invitation to abuse and exploitation. One thing that keeps me here is the knowledge that I can leave anytime and return to better circumstances than I've got here.
To get back to the original point, the intent of the law is to make sure that FTs are literate individuals who can clearly articulate English.
People who blindly follow any kind of law, without a view to its intent, are foolish. |
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Talkdoc
Joined: 03 Mar 2004 Posts: 696
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Posted: Thu Mar 17, 2005 1:01 pm Post subject: |
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| tofuman wrote: |
| I didn't say you can practice law without law school, I said that one may be admitted to law school without a bachelor's degree, as well as pharmacy and medical school. You are right about "clerking." A few years ago it was still legal in at least one state, but probably quite rare. |
I don't know of any law or medical schools that engage in this practice (if they do, I'd be curious to know what percentage of schools engage in it and what percentage of first year medical students enter without bachelor's degrees). I'm not sure what you mean about pharmacy schools admitting applicants into their program without a bachelor's degree as the program is a five year bachelor's degree and most go on to earn their doctorates now anyone (which does require a bachelor's degree).
| tofuman wrote: |
| The idea that one must have at least a bachelor's degree implies that lots of master's qualified individuals are eager to teach conversational English in China. |
I don't think this implies that at all (one could ask for a minimum of a bachelor's degree and not expect an overwhelming influx of master's level people at one's door). Be that as it may (and I really don't know what the reality is at other universities but), at Hainan University, 12 of the 15 foreign teachers here hold a minimum of a master's degree and many years of either teaching or business experience (which is to say, most are retired educators in their mid to late fifties). And most, such as myself, simply use "oral English" as a medium and a springboard for teaching a great deal of what we did back home - and the university appears to be very happy with that.
| Tofuman wrote: |
To get back to the original point, the intent of the law is to make sure that FTs are literate individuals who can clearly articulate English.
People who blindly follow any kind of law, without a view to its intent, are foolish. |
I agree with this 100 percent (and, in fact, I've never argued that a bachelor's degree should be required to teach in some of the capacities that we do, especially with the younger children). The problem is Tofuman, although a bachelor's degree is no guarantee that someone is literate and well-educated, (in the absence of a personal interview and history of related work experience), it's better than nothing and, on the average, it has far greater predictive validity than a high school diploma alone. It is certainly not unreasonable for the Chinese to set their minimum standard for the status of "foreign expert" at the bachelor's degree level or to expect university teachers to, at the very least, meet those standards: no matter how bright or literate they may otherwise be.
Doc |
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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Thu Mar 17, 2005 1:33 pm Post subject: |
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"The four-year program leads to the PharmD degree.... Entering students are expected to have completed a minimum of two to four years of undergraduate work in the biological and chemical sciences as well as general education areas prior to application to the program (see full list of prerequisites and admissions information). A bachelor's degree is preferred. "
From a California school of pharmacy. The same school does not require a bachelor's degree to study medicine.
Many non ABA accredited law schools, if not all, in CA admit students with two year degrees. McGeorge law school, which is ABA accredited, says a candidate MUST have a bachelors's degree.
Many different schools do offer "special student status" admission for older, exceptional, or non-traditional students. After all, Petulia Pet should have opportunities to advance herself just as much as the next person.
Anyway, it sounds as if we agree on the intent of the law. |
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Talkdoc
Joined: 03 Mar 2004 Posts: 696
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Posted: Thu Mar 17, 2005 1:59 pm Post subject: |
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| tofuman wrote: |
| Are you suggesting that someone with a B.A. in anthropology is an expert and the attorney is not, because he lacks a bachelor's degree? |
This (as well as your post above) is addressing �advanced standing programs� and, yes, a handful do exist in many disciplines (and, as a matter of practice, the student must apply to the program from within the same institution he or she is currently attending as an undergraduate). I don't think the absence of a bachelor's degree in China would be a problem in the presence of a doctoral degree (at any rate, I have never been asked to produce evidence of mine). There are a few (not many) advance standing programs in social work and psychology, as well, that lead directly to conferment of the master's degree. However, these professional school academic exceptions do not make your case that one can be considered an expert in China without a bachelor's degree (not when they are holding doctorates instead) which, although I am beginning to lose track now, was your next to original point (I think).
If the individual you cited is in possession of a doctorate (but, for whatever reason, not a bachelor's degree), I would agree with you that he meets the minimum educational requirement for foreign expert status. If that individual is not in possession of any degree, then somebody, somewhere, signed off (and officially chopped) that he was (assuming he's here on a Z-Visa).
Doc |
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