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Visa Confusion/ making decisions about schools

 
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benny2



Joined: 24 Nov 2005
Posts: 29

PostPosted: Mon Jan 09, 2006 4:47 pm    Post subject: Visa Confusion/ making decisions about schools Reply with quote

Hello, I'm new to the forum Surprised Have been spying for a while without saying anything.

I've read the threads on visas and contracts, but I just want to clarify I've understood it all. I've been in the process of arranging a job in Sichuan for the last couple of months(having taught in Chongqing last year).

Am I right in thinking I can't have a tourist visa converted to a work visa when I arrive now?
Therefore, do I need to obtain a letter of invitation/contract/whatever
to apply for a work visa, which in all most cases is unlikely to be able to be processed until after Spring Festival/new year etc.......

I have an 1 agency who I've spoken onto the phone a few times who say they have a job lined up for me and indicated the above, which I suppose will mean I have to put my flight back and wait for the paperwork to be done later.

On the otherhand, I've now got a direct offer from a school, who I intially said no to on the grounds that they wanted me to teach more than 22 periods each week. They've changed their contract and are willing to try to turn the paperwork round asap.

Phew... It's been so stressful getting to this stage, I've tried to be honest at each stage to let them know what I've been doing and don't want to let either of them down, but as I'm sure you all know it's a difficult process and you have to keep our options open until something fairly concrete is in place.

Advice would be greatly appreciated helping me make decisions Smile

Thanks
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davidq



Joined: 26 Nov 2005
Posts: 12

PostPosted: Mon Jan 09, 2006 8:39 pm    Post subject: Reply with quote

>Am I right in thinking I can't have a tourist visa converted to a work visa when I arrive now?

That was my experience, with the new regulations a Hong Kong visa run seems to be the only option these days. Anything else would be an exception to the rule. Unfortunately the paperwork for processing a Z visa out of country takes quite awhile so if your pressed for time a Hong Kong Visa run to convert a L visa is still an option, albeit an expensive one.
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ebolayatollah



Joined: 14 Nov 2005
Posts: 95
Location: Shanghai Soon

PostPosted: Tue Jan 10, 2006 2:54 am    Post subject: Reply with quote

davidq wrote:
>Am I right in thinking I can't have a tourist visa converted to a work visa when I arrive now?

That was my experience, with the new regulations a Hong Kong visa run seems to be the only option these days. Anything else would be an exception to the rule. Unfortunately the paperwork for processing a Z visa out of country takes quite awhile so if your pressed for time a Hong Kong Visa run to convert a L visa is still an option, albeit an expensive one.


Well, I've heard, and have been told by Learning Education Center Schools that it's not a problem in Shanghai to get your Tourist visa converted to a business without going to HK. Not sure about the work visa. They actually told me they would prefer I come on the tourist and then they could convert it.

From my research, I've gathered that this varies greatly from province to province. So, where is it you're going exactly? I was in the same boat as you not too long ago until i decided to go on the tourist. Worst comes to worst HK would be a cool place to visit for the first time, so it wouldn't be a total loss. There are also companies like emoo.com in Shanghai that claim to do that for you.
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Spiderman Too



Joined: 15 Aug 2004
Posts: 732
Location: Caught in my own web

PostPosted: Tue Jan 10, 2006 3:27 am    Post subject: Reply with quote

Benny2

A lot depends on who the agent and school are. As for the agent, if you are talking about Sunny or Sichuan Ruide I suggest that you do some research before getting involved.

The "L" to 'Z' visa conversion issue really has become a major 'grey' issue. Some provinces, yes, some provinces, no.

Here in Guangzhou my 'L' visa was converted to a Foreigners Residence Permit in September 2005.

I had an alternative job lined up in Mianyang (1 1/2 hours from Chengdu) for this school year and the university told me that no way could they convert an 'L' to 'Z' in Mianyang. They provided me with a letter of invitation and PSB pre-approval letter. Might be a similar situation in Chengdu.

As for L.E.C., and many other language schools, they apparently do not have the required licences to employ foreigners, or have licences to employ only X number of foreigners, i.e they may have permission to employ 10 but actually have 20 employed. Thus, they employ teachers on 'F' visas.

Many people will disagree with me but I say that it is illegal to hold a full-time, salaried position on an 'F' visa. I personally know one F.T. who was arrested for working on an 'F' visa.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Tue Jan 10, 2006 4:37 am    Post subject: Reply with quote

Quote:
. . . and are willing to try to turn the paperwork round asap . . .


If a school had hired before, it should be a simple matter to process a teacher's paperwork quickly and efficiently. Also, they should be able to get a visa changed to a RESIDENCE PERMIT just as quickly. I would think (this is my opinion only) it would be okay for anyone coming into this country a couple weeks before employment started with a tourist visa and then have it changed to a RESIDENCE PERMIT. Yes, a Z visa is the safest bet, but has anyone had another type transferred directly into a RESIDENCE PERMIT?

(if you didn't know by now - - in MOST places in China, a school should be getting you a RESIDENCE PERMIT affixed into your passport - - this takes the place of any confusing little visa mess.)
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Tue Jan 10, 2006 4:48 am    Post subject: Reply with quote

Spiderman Too wrote:
Many people will disagree with me but I say that it is illegal to hold a full-time, salaried position on an 'F' visa. I personally know one F.T. who was arrested for working on an 'F' visa.


I would agree with this take.

If you are drawing a salary in China and are working on an F visa then in my opinion you are working illegally. I believe that this is supported by the legislation but is not as clearly stated as it could be. You basically need to put all the pieces together.

Complicating the issue is the fact that various provinces have different ways of administering all of this.

Spiderman Too - Can you tell us more about the circumstances of the teacer you referred to? Was he or she working at a private or public institute? In Shanghai or elsewhere? Do you know how he or she was caught i.e. tip off? Was there a fine? I assume that he or she was deported - was there a period of no return?
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Voldermort



Joined: 14 Apr 2004
Posts: 597

PostPosted: Tue Jan 10, 2006 8:06 am    Post subject: Reply with quote

I just want to point out, that while it is best for you to secure a Z visa before coming to China, in Sichuan province it is still possible to have a L or F visa converted into a Z visa.

Don't just take this as common law though. I have noticed that in many cases the convertion goes hand in hand with the reputation of the school. If the school has a turnover of 5+ FT's a year, there should be no problem, and if the school is regarded as being one of the best again no problems. But for those smaller 'poorer' schools, they may struggle.

Also it is not completely illegal to work here with a F visa. Provided your contract is for less than 6 months, and you still pay your taxes, you will have no problems. Last year a friend of mine was deported for holding a 12 month contract with a F visa, he was only 2 months into it.
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