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Poll |
F visa: a necessary evil in some situations |
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57% |
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F, Z who cares which? |
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42% |
[ 3 ] |
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Total Votes : 7 |
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erinyes

Joined: 02 Oct 2005 Posts: 272 Location: GuangDong, GaoZhou
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Posted: Thu Dec 01, 2005 1:58 pm Post subject: Teaching with a F visa; is it really illegal if... |
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[edit]Sorry about the POLL - you can see the Poll title was meant to be option ONE.... can someone with the know-how tell me how to fix this???[edit]
Hi everyone, I want to pose a question for general discussion.
Is working with an F visa really a bad thing if every local authority and organisation involved knows you�re doing it, and accepts it.
In the case of the teachers in our small town, we're all work on F visas. We have worked with F visas for a long time now and the local PSB knows exactly what is going on. The local Ministry of Labour knows about it as well, so does the local branch of the Foreign Experts office. And we work in the key public school in our small town so ALL of the police and government officials who have children at the school MUST know what is going on.
We have the right qualifications to get the Z visa, but just can�t get it for reasons outlined below.
Our school has been in the process of applying for a licence to hire foreign teachers for over a year now, and the *ahem* gentleman in the local Foreign Experts office hasn�t moved a finger to process the documentation that the school has sent. His ability to do his job seems to be on par with a slug�s. (He is presumably waiting for a gift.)
If the local authorities were expedient and efficient in executing their duties we would all have been on Z visas before we ever stepped into the country. Our school and the foreign teachers have been working as hard as we can to do everything completely legally and by the book to no avail.
Around here (a small town in Guangdong province) it is impossible to follow the letter of the law, because the normal procedures of government are so pathetic (or non-existent). People say that this part of China is the most corrupt and I totally believe them, the stories of the government in this town astound and anger me sometimes so much that I can barely believe it. But I digress.
My opinion is that in certain situations people working on F visas shouldn�t be looked down upon in the ESL teaching world as China itself creates the problem. Despite the best efforts of some of us foreigners to play by the rules, some of the authorities themselves make it impossible for us to follow the letter of the law as set down by the central government. They play it by their own rules in order to work around the various individuals who sit in the offices picking their noses instead of doing their jobs.
Last edited by erinyes on Fri Dec 02, 2005 9:37 am; edited 3 times in total |
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stil

Joined: 23 Jun 2003 Posts: 259 Location: Hunan
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Posted: Thu Dec 01, 2005 3:43 pm Post subject: |
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Is working with an F visa really a bad thing if every local authority and organisation involved knows you�re doing it, and accepts it. |
Well, many things are run this way in China. Not legal but accepted. Sort of built into the system here. Many FT are doing this right now and have no problems. Some provinces are having difficulty processing the newish resident permits/visas, but not Guangdong.
It seems to me that you feel quite safe in your situation, but you are working illegally in a foreign country and every one knows! Should the powers that be decide at anytime to do something about it, you would have no recourse. Not too long ago many were talking about problems for teachers in Korea. Jail, fines, deportation and there was little sympathy for the teachers because they were working illegally. Their home countries couldn't help them either. Some might have been like you.
Why doesn't this key school have their licence? Why hasn't the 'gift' been given or pressure put on this pencil pusher by the important parents?
There are many legal schools in China to choose from. Just remember that you are taking a chance. It may be a small chance but perhaps it is an unecesary one.
Btw I work in a tiny town 30 minutes away from a 3 supermarket city and my school has it's papers. |
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tw
Joined: 04 Jun 2005 Posts: 3898
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Fri Dec 02, 2005 2:16 am Post subject: Re: Teaching with a F visa; is it reall illegal if... |
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erinyes wrote: |
Is working with an In the case of the teachers in our small town, we're all work on F visas. We have worked with F visas for a long time now and the local PSB knows exactly what is going on. The local Ministry of Labour knows about it as well, so does the local branch of the Foreign Experts office. And we work in the key public school in our small town so ALL of the police and government officials who have children at the school MUST know what is going on.
... Our school has been in the process of applying for a licence to hire foreign teachers for over a year now, and the *ahem* gentleman in the local Foreign Experts office hasn�t moved a finger to process the documentation that the school has sent.
...People say that this part of China is the most corrupt and I totally believe them, the stories of the government in this town astound and anger me sometimes so much that I can barely believe it. But I digress.
My opinion is that in certain situations people working on F visas shouldn�t be looked down upon in the ESL teaching world |
My first wonderment was stirred into existence upon reading the verb "know" repeatedly: "They know" seems to be your credo, and note the noun "credo" is Latin meaning "I believe". How do you differentiate between "I believe" and "I know"?
I do believe you when you are saying your employer is working towards obtaining the licence to hire you; but working towards it is by no means acquiring the right to actually employ you (and the many other FTs in your part of Guangdong). They are all acting rashly. This is akin to recruiting guests for a non-existent five-star hotels, all of whom must pay upfront, then, when it is found that the authority doesn't wish a five-star hotel to go up the licence is refused. Does the hotelier then have the right to continue raking in the tourist dollars? The authorities may or may not have valid reasons for their refusal.
On the other hand, your PSB may very well be in a currently tolerant mood because they may know that your employer is trying to fix things legally. But what if higher-ups decide against it? They may receive order to clean you out! That has happened in the past, and is going to happen again and again!
However, I am not sermonising here. If you have received your 'F' visa from the local PSB then it is relatively above board. If you have, however, bought it in Hong Kong from a travel agent, then it's bending the rules.
'F' visas can be legal. The regulations on the employment of FTs provide that any employer qualified to do that may hire a FT and provide him or her with an 'F' visa; the conditio sine qua non is, however, that your visa expires within 6 months. As I understand it, it is not renewable! |
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erinyes

Joined: 02 Oct 2005 Posts: 272 Location: GuangDong, GaoZhou
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Posted: Fri Dec 02, 2005 4:17 am Post subject: |
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Yes, the Local Authorities did issue us with the F visa. And we even have the Employment Permit!
Yes, I do feel safe. This school would have had no FTs for 2 years now had they been doing things by the book.
Safe or not, I'll be leaving this post in two short months and I'll be happy to be going to the next position Z visa in hand.
Smal town Guangdong seems honestly to exist outside the law in a way that it's hard for us the comprehend you know. So much of what happens here is adhoc or improvised.Yes, the Local Authorities did issue us with the F visa. And we even have the Employment Permit!
Yes, I do feel safe. This school would have had no FTs for 2 years now had they been doing things by the book.
Safe or not, I'll be leaving this post in two short months and I'll be happy to be going to the next position Z visa in hand.
Small town Guangdong seems honestly to exist outside the law in a way that it's hard for us the comprehend you know. So much of what happens here is ad hoc or shady. |
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Spiderman Too
Joined: 15 Aug 2004 Posts: 732 Location: Caught in my own web
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Posted: Fri Dec 02, 2005 4:18 am Post subject: |
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Quote: |
My opinion is that in certain situations people working on F visas shouldn�t be looked down upon in the ESL teaching world as China itself creates the problem. |
I'm not sure that the ESL teaching world looks down on teachers working on an 'F' visa.
As far as this forum is concerned, people who advocate working on an 'F' visa, and those who imply that doing so is without risk, receive admonishment.
Which leads me to Roger's comments:
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'F' visas can be legal. The regulations on the employment of FTs provide that any employer qualified to do that may hire a FT and provide him or her with an 'F' visa; the conditio sine qua non is, however, that your visa expires within 6 months. As I understand it, it is not renewable! |
I was told by a Public Security Bureau official (and the following could be his own, personal interpretation) that an 'F' visa allows the holder to earn income through temporary employment only. But it does not allow full-time employment.
In the case of a foreign teacher, an 'F' visa would, for example, allow him/her to do a lecture circuit around the country and receive payment for each lecture. But a F.T. working full-time for a monthly salary must hold Foreigners Residence Permit.
Incidentally, Roger's friend, 'klasies' recently mentioned on this forum that his son was recently arrested on Hainan for working without a F.R.P.. It would be good if 'klasies' elaborated on the incident and identified what kind of visa his son had.
Anyone who is aware that an F.R.P. is necessary to work legally in China (and ignorance is no excuse in the eyes of the law, so all foreign teachers have a personal responsibility to familiarize themselves with local laws and not simply rely on their employer) but chooses to work on an 'F' or 'L' visa does so at his/her own risk.
I am in a small city 1 hour from Guangzhou. I bought a motorcycle. The motorcycle is not licensed. I do not have a Chinese drivers license. I've been observed by Police on numerous occasions. Last week I parked my bike 10 feet away from a Police Officer standing, chatting with a security guard. The Police Officer said 'hello' as I walked passed him. However, one day, some day, I may just come across a Police Officer who will react to my infraction.
I know that I am riding my bike illegally. If I get arrested there will be no point in me arguing that other Police Officers have seen me riding the bike and took no action. There will be no point in me arguing that there are at least 10 other F.T.s at my college who are also riding around on unlicensed motorcycles.
My folly, my risk. |
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pancakes

Joined: 03 Nov 2005 Posts: 76
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Posted: Fri Dec 02, 2005 4:30 am Post subject: |
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nice example, Spidy |
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nolefan

Joined: 14 Jan 2004 Posts: 1458 Location: on the run
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Posted: Fri Dec 02, 2005 5:01 am Post subject: |
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ideally, everyone working in China SHOULD have their FRP and FEC. The rules and procedures to obtain them are clearly outlined in the official employment guides.
However, theory and practice often clash in this country because the wording of the laws and regulations is too vague and open to interpretations at the provincial level. Whenever there is more than one possible interpretation, the local authorities choose to sit it out and let people get away with many things.
In some provinces, there is no way AT THE MOMENT to get that FRP or the FEC so the schools have no choice but to use F visas. I know of many a school in hebei province with permission to hire foreign teachers that cannot get them the FRP and have to resort to 6 month contracts and F visas.
If your F was issued by the local PSB, then they do know who you are, where you are and what you do. You should be reasonably safe and OK as long as they have no grief with you or your bosses. It is not illegal but it is not quite legal either. If there is a problem, then your bosses will take the fall in most cases, not you. |
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vikdk
Joined: 25 Jun 2003 Posts: 1676
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Posted: Fri Dec 02, 2005 5:45 am Post subject: |
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an F visa entitles you to be an "educational consultant" - " advising a Chinese teacher within the classroom - you of course have expenses which are paid every month.
there is no problem getting this visa from most local PSB's - as long as your company has the correct papers at province level. you can get F visas up to 1 year and renew them ad infinitum but just for a 3 month period after the initial year has finished. |
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Babala

Joined: 28 Jan 2005 Posts: 1303 Location: Henan
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Posted: Fri Dec 02, 2005 9:17 am Post subject: |
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I do know of two teachers who were fined 5000 RMB for working on a F visa. They were taken into the police station and questioned for hours. The police made them pay the fine (and fined the school) but let them remain in China. They changed their F visas into 1 month tourist visas which allowed them time to find another job.
I think if someone is comfortable working on a F visa then do it. However if they get screwed over with no means of recourse then don't come on whinging about it. |
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Spiderman Too
Joined: 15 Aug 2004 Posts: 732 Location: Caught in my own web
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Posted: Fri Dec 02, 2005 9:51 am Post subject: |
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I totally believe Babala's report, and here's a repeat of my August 6 message;
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Posted: Sat Aug 06, 2005
A couple of weeks back I did a Summer Camp in Shenzhen. One of the other teachers had just completed a 1 term contract with XXXXXX during which time she was arrested for failing to register her residence and for working on an 'F' visa.
The failure-to-register charge was resolved with the school where XXXXXX had sent, her paying their own fine and hers. But, according to the teacher, the working-with-an-"F'-visa issue remains up-in-the air.
She told me that the 'F' visa was XXXXXX's idea because her contract was for less than 6 months. However, when arrested the Police told her that working for any duration requires a 'Z' visa.
XXXXXX told the woman that he used his contacts to make the matter go away.
The woman was worried that she might be stopped at the airport when leaving China, in 3 weeks hence (from the time of the Summer Camp 2 weeks ago). |
Incidentally, XXXXXX issued the woman with a contract nominating her as a volunteer and specifying that she would be paid a stipend of 4,500 RMB per month for 'living expenses'. They even gave her a nice, shiny 'volunteer' badge. But the local cops did not consider her to be a volunteer.
Still, she left China without any problems and the working-on-an-F-visa charge did not end up coming to anything. |
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latefordinner
Joined: 19 Aug 2003 Posts: 973
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Posted: Fri Dec 02, 2005 1:53 pm Post subject: |
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I've told my own story before (it's a bit similar to Babala's friends') and don't intend to drag it all out again. I made the mistake of accepting an F visa because I was willing to get along and go along, and in the end was defrauded to the tune of over 10,000 rmb. Certainly, if you really want to work for XXXX school and make life easy for them, do it. But if you get cheated, no one is going to do anything for you. So why should you travel so far and put your personal well-being and professional reputation on the line for people who don't care enough to follow their own laws? |
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amandabarrick
Joined: 30 Dec 2004 Posts: 391
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Posted: Sun Dec 04, 2005 5:24 am Post subject: |
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In my opinion it's illegal if you are getting paid. But as with most laws in China, just because it's illegal doesn't mean it is enforced or that people don't do it. Same as stop lights.
AB |
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klasies

Joined: 04 Mar 2003 Posts: 178 Location: China
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Posted: Sun Dec 04, 2005 6:29 am Post subject: |
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Spidey two
My son had the correct new multi entry "Z" visa and Foreign Experts Book from school A. What he did was find extra work at school B. School B was not anthorised to employ foreigners. School A was unaware that he was working at school B.
Bottom line both he and school B denied that he had been working for money. They told the PSB that he, my son, was working for free for the benefit of the children in school B. They didn't believe him but they couldn't prove that he was getting paid.
Result: He was told to stop or face deportation and school B was fined heavily.
School A was pis sed at him and fined him 1000 yuan and warned him never to do it again. The fine of 1000 yuan was part of his contract with school A.
He left school A shortly afterwards because of personality differences with the owner. He is now in Shanghai working for a middle school as well as 3 other places, two schools as well as some corporate teaching, all with the blessing of his school and the local PSB. Go figure. China is a land of contrasts and contridictions.
Happy Spidey two?
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Spiderman Too
Joined: 15 Aug 2004 Posts: 732 Location: Caught in my own web
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Posted: Sun Dec 04, 2005 9:42 am Post subject: |
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China is a land of contrasts and contridictions. |
Never a truer said (even if misspelled)!
Any idea how the PSB became aware that your son was working at school B? |
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