Job Discussion Forums

[brsmith15]

I wish I could wave some magic wand and cure all your ills, but, alas, such is not to be.

I think the others are right. Your only hope I can see is to go to the local PSB station and take you daughter with you. Throw yourself shamelessly on their mercy. Tell them how much you love China, that you believe much of your future lies here, that your daughter is distraught. (If you can find a young woman who looks like a mother.) If your daughter can cry easily, have her sob despondently.

I've known this to work but you need to find a sympathetic officer. Hey, if it doesn't work all you've lost is a little pride, and off you go to your consulate.

In all of this be scrupulously honest and humble.

[Roger]

[cj750]

There are indeed Temp residence permits and even temp drivers lic. issued in china. And wheither any one beleaves it or not the vast majority of F visa holders usually live on the economy..in housing rented by the work unit. Not gettin into the legal or not issue as few who post here are qualified to report their understandings. The reason for reg. with the PBS is the residence permit..so if the F does not entitle the holder to residence permit what reason would they have to register.
I understand from the PSB that when you reg at a hotel and the hotel turns in your registration ..then the registration becomes your temp residence permit (held by the hotel)and that you are expected to stay there until you change addresses and notify the PSB either personally or by checkout/registration at another hotel. What do you mean by foreign nationals not renting anywhere in China legally....I have rented over 7 apartments and three wearhouses and never had a problem...
Now that we have dealt with information that really doesnt deal with the subject.....man it must be frustrating to ask a question on these boards and receive a wood shed slappin from an over eager poster. Also, non-Chinese are not supposed to rent lodgings on their own unless they have PSB approval for that PBS approval is for the "Chinese" who want to rent a location and the location and ownership must be approved by the PBS before it is rented to a foreigner.The PBS then extends a registration procedure to the foreigner who rents an approved apartment from the Chinese national who has the paperwork on file with the PSB.
As to the OPs problem..it is likely he will have to leave the country anyway to re do correct visa and paperwork. He has little legal standing to stay in the apartment as it may not be owned by the school.. better to sit on the safe and not allow any money in or out..but only if you are very brave and kind of mean. The court system would be little help because the legal proof to prove fraud allows for the presentation of evidence that midigates the original position of a contract or working agreement. But how ever your greatest tool may be the police resolution..if they can keep the paperwork down to a min then they will try..this means that you can get a solution but unlikely to get your pay.and remember before any resolution takes place they will estimate how much responsibility you have in your own situation and Chinese Officers figure that on a diffrnet cultural scale that you may consider and even if you were legal with a z..the real truth is the authorities have little power to make someone pay back wages with out going to court and that is a dark road to follow.

[Midlothian Mapleheart]

Edited to remove offensive content.

Middy

[lowes13]

Everyone should have a residence permit of some sort in China!

Individuals doing business in China and holding an F visa will receive a temporary
residence permit which is a yellow slip of paper/form.

Cheers

[cujobytes]

[gulam2]

This is another sad case like happened to 8 of us
at English World Club in Tongliao.When we went to the Mayors Department they tried to help us.

However despite the fact that My English World Club had had false
advertisements we did not have a legal 'leg to stand on'.

The law can be interpreted; if you are working illegally (wrong visa)
then YOU have no legal standing.

There is case law but it applies to Universities and not companies.

I hate to disappoint you but you will almost certainly not see the money that you are owed.

You should however publicize the company as widely as you can - warn others.

Please feel free to e-mail me [email protected]
Also contact CHETA the founder of that has some legal experience and won his particular case.

[Blue_on_Blue]

I am not ignorant, not nearly so naive as you seem to think. The "quote" about the residence permit did not come to me out of the clear blue sky. That quote came straight from the mouth of the PSB officer that I asked. When you check into a hotel they fill out a form, give it to the PSB, and the PSB acknowledges it. At that point it is known as a "temporary accomadation" permit ie a "temporary residence permit".

And, straight from the law book the PSB gave me:

Chapter IV Article 29
For lodging at guesthouse, hotel, inn, hostel, school or other enterprises and institutions or at government organs or other Chinese organizations, aliens shall present valid passports...and fill in registration forms of temporary residence.

Article 30
When an alien wishes to lodge at the home of a Chinese resident...the host or the lodger shall, within 24 hours of the lodger's arrival, report to the local PSB owith the lodger's passport as well as the host's residence booklet and fill out temporary residence registration forms....

[Volodiya]

I swear terminology throws a lot of discussions on this forum for a loop, making it really hard for people to follow what's happening. Many posters to this thread know exactly what they're talking about, but don't watch their terminology closely enough to avoid confusion. Take the difference between "registration" and the several different "residency permits" currently in use in China, for example....

Everybody in China is required to register where they live with the police. [Hotels do it for you, when you stay in one.] If you're staying elsewhere, you must register yourself, or have someone do it for you. It's fast, and easy.

It is not necessary to have a residency permit of any kind to register where you are living. Even if you're in China on an "L" (tourist) visa, you can, and must, register with the police.

To register, and to have a residency permit, are not the same thing. Even if you possess a Residency Permit for Foreigners, for example, you must still register your place of living with the police and, thereafter, each time you move. [Some of you will have been registered by others, perhaps your employer, while they were taking care of your other legal requirements, leaving you unaware of this process, and the requirement.]

To register, you go to the police station in the area where you live. (It may be necessary to go with the owner, or registered occupant, of the place you'll be staying, because you'll need to be able to demonstrate you have permission to stay there- from ones with the authority to give it.) You will be asked to present your passport, and may be asked to present two photos, and two copies of your passport photo-info page, as well. You will be asked to fill out a form, showing your details and address where you'll be staying. You'll be given a slip of paper which is evidence that you have registered. You may be asked to present this at some point to show you complied with the law, so it's worth hanging on to.

There are many people who do not register their place of living with the police, or fail to re-register when they move. But, they risk fines, if the lack of registration is somehow brought to the attention of the police.
___________________

I agree with the other posters regarding renting, or buying property in China. Roger, I don't think it's an issue, in spite of your comments to the contrary. It would help, I think, if you could give us some references to the Chinese Law you are relying on when you make such profound assertions about the law, here.
___________________

Blue-on-Blue, your post went up while mine was being typed, but my comments were not aimed at yours, anyway- but others who might be reading what's written, here.

By the way, I'm optimistic things will work out for you. You sound strong and determined. Some of the advice people will offer will actually be helpful to you (mine, not included, I'm sorry to say). Good luck!

[Spiderman Too]

I would contact the Schenzhen Daily (newspaper).

Whilst the Chinese press is not as free as in the 'west', a non-political story about a Chinese company screwing a foreigner and her young daughter may be of interest to the local newspaper.

If they take an interest in your story, and publish it, you're likely to receive offers of assistance.

[Alex_P]

[gulam2]

Websites

SAFEA

www.safea.gov.cn

CHETA

e=mail [email protected]

my e-mail

[email protected]

[Alex_P]

[Zero Hero]

[Zero Hero]