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Residencey Permit vs. FEC vs. Z Visa
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chengdu4me



Joined: 19 Feb 2009
Posts: 120
Location: Chengdu, Sichuan, China

PostPosted: Sat Mar 28, 2009 11:23 am    Post subject: Residencey Permit vs. FEC vs. Z Visa Reply with quote

When I move to Chengdu next year, my residency permit will be based on my marriage. Therefore, work, school choice will have no bearing on it being renewed each year.

So, my question to anyone that might know...

Since I will be a "resident" based on my marriage, will I still need a Z visa?

If I do need a Z visa, the school should be the one to have my visa changed from L to Z?

Am I correct in believing that whatever school I end up at will take care of the FEC?


I won't work "under the table" so the assumption is that these things must be taken care of by someone....so..who IS that someone..me or the school?
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Sat Mar 28, 2009 1:35 pm    Post subject: Reply with quote

You will need an FRP in order to have legal employment.

An FRP is usually issued after you enter the country on a Z visa issued outside of China. The idea is that you should secure employment prior to entering China. Understand the Z visa is only good for thirty days; it's only purpose is to allow you time to take the Z visa you received based on an Invitation Letter/Work Permit issued at a Chinese Consulate/Embassy abroad and enter China to complete FRP processing.

Schools are not supposed to change an L to a Z: it is illegal. See paragraph above. The vast majority cannot.

It is your schools responsibility to secure the FEC. They will need to process a medical exam as well as the FRP.

You may get advice to just wing it and work illegally, come over on an L visa and the like. And you can. However, if you work illegally and end up in hot water and get deported, be prepared to accept that you may not be allowed back for five years. Your new wife of course, will not be accompanying you in that event.

Some will say this is scare mongering, that the chances are low, and "everybody does it". Nobody will deny such deportations can and do happen, and if you have a wife and/or child here, that will not grant you immunity, or lenience from enforcement the law.

Just ask anybody who advises you to work illegally if there is a non-zero chance of you being deported for working illegally.

I am not advising you either way. I suggest people make an informed decision based upon the level of risk they find acceptable.

Good luck and best wishes.
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chengdu4me



Joined: 19 Feb 2009
Posts: 120
Location: Chengdu, Sichuan, China

PostPosted: Sat Mar 28, 2009 1:48 pm    Post subject: Reply with quote

Thanks Teatime...

So, if I understand you correctly, you think I should try to get a job BEFORE I come to China so that the school can send me an invitation to get the Z visa.

Is this correct?

My FRP will be based on my marriage to a Chinese citizen. Working or not working will have no bearing on the FRP. I'm not going to let my employer dictate the terms of my residency.


And what if I can't find a decent job before I move? My time line is set. It is happening, job or no job at the beginning of the year
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Hansen



Joined: 13 Oct 2008
Posts: 737
Location: central China

PostPosted: Sat Mar 28, 2009 1:58 pm    Post subject: Reply with quote

Chengdu, Are you sure you are getting a RP? I have only had two types of visa, X and Z. If I remember correctly, my X visa was never converted into a RP. It was a student visa which corresponded to my time studying. To convert from a Z to an X could be done in China. To convert from an X to a Z required a trip to Hong Kong.

I agree that working illegally with a wife here is a very dicey proposition. There are other posters here who have been in country working and married. Their experience would be worth noting.

What you are saying about a residence permit does not sound right to me. Where are you getting your info from?
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chengdu4me



Joined: 19 Feb 2009
Posts: 120
Location: Chengdu, Sichuan, China

PostPosted: Sat Mar 28, 2009 2:14 pm    Post subject: Reply with quote

If you are married to a Chinese citizen, your spouse takes you to the Public Security Office and she shows them your redbook (marriage papers), her national ID, and your passport and they issue a residency permit good for one year. You must renew this permit every year for (I can't remember how many times) and then you can start getting five year permits. This is the information from the Chinese Consulate as well as all of the visa information sites pertaining to marrying a Chinese citizen and either bringing them here or going to live there.

Now, I have the residency permit covered. Do I need a Z visa to be able to get a FEC and go to work? If I MUST have a Z visa to work legally, can I get that in China or will I need to leave and come back?
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sui jin



Joined: 08 Feb 2008
Posts: 184
Location: near the yangtze

PostPosted: Sat Mar 28, 2009 2:22 pm    Post subject: Reply with quote

If you are serious about finding work here, and are coming next year, I would try to deal with the two visa/RP issues separately. You have plenty of time to find a job, get the school to send you an invitation letter etc and get the Z visa in your home country. When you get here the school converts it to a residence permit.
My understanding of the 'residence based upon marriage' is that it a special type of L visa renewable year by year which does not necessarily entitle you to work here. ( But admittedly I could be completely wrong about this. )
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chengdu4me



Joined: 19 Feb 2009
Posts: 120
Location: Chengdu, Sichuan, China

PostPosted: Sat Mar 28, 2009 2:58 pm    Post subject: Reply with quote

sui jin wrote:

My understanding of the 'residence based upon marriage' is that it a special type of L visa renewable year by year which does not necessarily entitle you to work here. ( But admittedly I could be completely wrong about this. )


That what I'm trying to find out. I do not want my residency permit being issued on the basis of a job. I want it based on my marriage. This may seem trivial to some of you, but I am not going to jump through hoops to have my residency permit changed if I lose my job or can't find one I want or whatever. I also not going to allow my employer to decide how long or when my residency permit is going to be good for. That is one bullet they do not get! I will be a lifelong resident of China.

So, now I need to find out about the rest of the story....Must I have a Z visa BEFORE I enter the country?

Anyone know of a member that is married to a Chinese citizen working and living in China that I could PM?
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sui jin



Joined: 08 Feb 2008
Posts: 184
Location: near the yangtze

PostPosted: Sat Mar 28, 2009 3:19 pm    Post subject: Reply with quote

Because this is China , anything is possible, and everything can change, but....the Z visa can only be issued outside China.

It is still possible (in Jiangsu at least) to come on an L tourist visa and the school will then have it converted to a residence permit. A new American FT in my college did just that in February. I did it two years ago (before the Olympics changed much about visa rules and enforcement).

So, either you can enter China on your L visa (married to a Chinese national), look for a job, and then try to have it converted to a resident permit. (No idea if this is feasible in Chengdu). Or go the regular way and get a Z visa at home from an invitation letter from a school/college.

Having looked at other forums (asiaexpat, travelchina ) it seems like permanent residency based upon marriage is only issued after 5 years of residence and marriage, and on the basis of having a steady job here. In the first five years you get 12 month renewable L visas in your passport.
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chengdu4me



Joined: 19 Feb 2009
Posts: 120
Location: Chengdu, Sichuan, China

PostPosted: Sat Mar 28, 2009 4:03 pm    Post subject: Reply with quote

Resident (D) Visa

Updated: 19/09/2008

Resident Visa (D Visa) is issued to an alien who comes to reside permanently in China.

Ⅰ.Please submit the following documents for your application:
1. Passport: Your valid passport must have at least six (6) months of remaining validity with at least one blank visa page in it.
2. Application form: One completed Visa Application Form (Q1)
3. Photo: Photo: one photo of 2*2 square inch (black & white or color is acceptable) glued or stapled on the application form.
4. Residence Approval Certificate issued by the Chinese public security bureau. (The applicant may entrust his or her relatives within China to apply for this certificate with the said authority.)

Ⅱ.How to apply
1.You may submit the application to the Visa Office of the Embassy or Consulate -General which holds consular jurisdiction over the state where you reside;
2.If you cannot come in person, you may entrust someone else or a travel/visa agent to drop off your application at the visa office of the Embassy or Consulate -General which holds consular jurisdiction over the state where you reside.
▲No appointment is required.
▲Mailed applications are not acceptable and will be returned.
▲Mail back service is available (make sure you read INSTRUCTIONS FOR APPLICATION MAIL SERVICE) .

Ⅲ.Processing Time
1.The regular processing time is 4 working days.
2.Express service: 2-3 working days processing, $20 will be charged per visa.
3.Same day rush service: additional fee of $30 for 1 working day processing (applications presented before 12:30pm may be picked up between 2:30pm-3:00pm on the same day).

Ⅳ.Visa fees
1.Please pay by Visa, MasterCard, Money Order, Cashier's Check, Company Check or Cash. Personal checks are not acceptable.
2.Please make the check or money order payable to the Chinese Embassy.
3.Fee:$130 for American, and $30 for Citizens of other countries.

Ⅴ.Additional Information
1.If the visa application form is not filled out completely, correctly and legibly, this can cause a delay in processing or refusal of the requested visa.
2.D visa is valid for one entry,six months. The holder of a D visa shall go through residential formalities in the local public security department within thirty days of entry into China.


--------------------------------------------------

Or, a residency permit can be issued at the Public Security Office as I mentioned above...

On the residency permit, I know exactly what I am talking about. My fiancee and I have spent a great deal of time researching this, including talking to the Chinese Embassy and the Public Security Office.

What I am still confused about is the Z visa. Get it before I come, can I get it after I get there...I have written again to the Embassy. When I get their answer, I will post it for everyone...
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Hansen



Joined: 13 Oct 2008
Posts: 737
Location: central China

PostPosted: Sat Mar 28, 2009 10:06 pm    Post subject: Reply with quote

Chengdu, Just a note of caution. This is not America or whereever you're from. You speak in such certain terms, as if what you are told by one "official" is universally understood and practiced by every person behind a little desk in a little office.

Recall that during the Olympics, the Chinese had a special area for protesters who could, with a permit, use the area to "protest." This was done by the authorities as a doff of the cap to free expression. Note also that it was a scam, a joke, a fraud. Virtually no permits were ever issued.The whole thing was a ruse.

In order for you to have any certainty of what you will face, you really need info from a foreigner married to a Chinese national who is living in Chengdu and has the same amount of guanxi as your wife. Then, and only then, can you have a sense of what your situation will be.

The PSB has a wide range of employees. Some are very nice. Some are not. You usually won't know who is going to be "helping" you when you arrive.
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kungfucowboy83



Joined: 25 Jan 2006
Posts: 479

PostPosted: Sun Mar 29, 2009 12:55 am    Post subject: Reply with quote

a z visa is an entry visa and valid for 30 days while you appy for your residency permit.

please keep us appraised of what happens while you try to apply for a residency permit through your wife. I have only heard of people being granted year long L visas (in wich you may not work)due to being married. I haven't ever heard of someone being granted a D visa or a "chinese green card" unless they are a major investor and also i have never heard of someone being granted a RP due to marraige. please note this does not mean it's impossible. good luck
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chengdu4me



Joined: 19 Feb 2009
Posts: 120
Location: Chengdu, Sichuan, China

PostPosted: Sun Mar 29, 2009 1:21 am    Post subject: Reply with quote

Hansen wrote:
Chengdu, Just a note of caution. This is not America or whereever you're from. You speak in such certain terms, as if what you are told by one "official" is universally understood and practiced by every person behind a little desk in a little office.

Recall that during the Olympics, the Chinese had a special area for protesters who could, with a permit, use the area to "protest." This was done by the authorities as a doff of the cap to free expression. Note also that it was a scam, a joke, a fraud. Virtually no permits were ever issued.The whole thing was a ruse.

In order for you to have any certainty of what you will face, you really need info from a foreigner married to a Chinese national who is living in Chengdu and has the same amount of guanxi as your wife. Then, and only then, can you have a sense of what your situation will be.

The PSB has a wide range of employees. Some are very nice. Some are not. You usually won't know who is going to be "helping" you when you arrive.


The text in the post above outlining the D visa is taken directly from the Chinese Embassy in D.C. website. I am in constant touch with friends in Chengdu that are Americans married to Chinese citizens. Most have residency permits obtained after they entered China on a L visa and were married. Yes, they do have to renew them every year. They are basically a "365 day stay" L visa. Two of them have D visas.

Yes...China continues to be an enigma. Things change every time the wind changes. Thats the fun part! Razz I will let everyone know what answers I get from the Consulate as to how, which order, you can enter , get, change from an L or D to a Z or in what order they can be switched around.
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evaforsure



Joined: 26 Jun 2004
Posts: 1217

PostPosted: Sun Mar 29, 2009 2:06 am    Post subject: Reply with quote

Quote:
My FRP will be based on my marriage to a Chinese citizen. Working or not working will have no bearing on the FRP. I'm not going to let my employer dictate the terms of my residency.


smart.....

Really noone on Daves knows how many Ls are being converted to Zs, in country or out....

Quote:
Because this is China , anything is possible, and everything can change, but....the Z visa can only be issued outside China.


Not necessarly true.....the in country z is possible...wheither your employment meets the crteria or the school has made the necessary arrangements is the question....

As I remember, at least in some areas.. a spouse will get the RP on a year long L, which is considered a family visitation visa....as law in China is not considered the same as rules are sometimes altered.. to suit the situation...

Quote:
my X visa was never converted into a RP


Currently, I haven't seen it with my own eyes.. but in a conversation last week with a language school they informed me that for 8K per year tutit. they would provide a x visa with RP.. not sure of the validity of this info...



Quote:
You will need an FRP in order to have legal employment


The FRP has nothng to do with employment...even with an FRP you cannot legaly work....u still need a FExP or a AWP....many students have the RPs and they are not allowed to work.. the one alternative is an on campus work study...and that is limited...


Quote:
Schools are not supposed to change an L to a Z: it is illegal. See paragraph above. The vast majority cannot


This is simply untrue...while it is true the vast majority dont have the ability is due to the circumstances of the hire..... however, it is true that if you work on an L visa while married ... u could face PSB action... true it is the level of risk you are happy with...the ability to work as a spouse is possible but just like the states there is a waiting period...

The smartest thing you could do is just come over and see what you can accomplish... the one thing I am sure of.. is it will be vastly more than what was posted here on Daves''
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chengdu4me



Joined: 19 Feb 2009
Posts: 120
Location: Chengdu, Sichuan, China

PostPosted: Sun Mar 29, 2009 2:32 am    Post subject: Reply with quote

evaforsure wrote:
Quote:
My FRP will be based on my marriage to a Chinese citizen. Working or not working will have no bearing on the FRP. I'm not going to let my employer dictate the terms of my residency.


smart.....

Really noone on Daves knows how many Ls are being converted to Zs, in country or out....

Quote:
Because this is China , anything is possible, and everything can change, but....the Z visa can only be issued outside China.


Not necessarly true.....the in country z is possible...wheither your employment meets the crteria or the school has made the necessary arrangements is the question....

As I remember, at least in some areas.. a spouse will get the RP on a year long L, which is considered a family visitation visa....as law in China is not considered the same as rules are sometimes altered.. to suit the situation...

Quote:
my X visa was never converted into a RP


Currently, I haven't seen it with my own eyes.. but in a conversation last week with a language school they informed me that for 8K per year tutit. they would provide a x visa with RP.. not sure of the validity of this info...



Quote:
You will need an FRP in order to have legal employment


The FRP has nothng to do with employment...even with an FRP you cannot legaly work....u still need a FExP or a AWP....many students have the RPs and they are not allowed to work.. the one alternative is an on campus work study...and that is limited...


Quote:
Schools are not supposed to change an L to a Z: it is illegal. See paragraph above. The vast majority cannot


This is simply untrue...while it is true the vast majority dont have the ability is due to the circumstances of the hire..... however, it is true that if you work on an L visa while married ... u could face PSB action... true it is the level of risk you are happy with...the ability to work as a spouse is possible but just like the states there is a waiting period...

The smartest thing you could do is just come over and see what you can accomplish... the one thing I am sure of.. is it will be vastly more than what was posted here on Daves''


Yes. I am coming over in May for two weeks. Depending on the answers I receive from the Consulate, we may get married in May and then I will return to the US with my marriage papers and a locally issued RAC. Then, I may apply for a D visa.

I want to work. I don't HAVE to work to earn a living. I want to work because my wife will be going to work everyday ( I can't seem to get her to understand that she won't need to work...something about I'm Chinese and if I am capable of work, then I should work)and I (A.) don't want to hang out all by myself all day; and (B.) I'm not sure she will be real happy with me hanging out all day while she works....but, if this whole thing becomes a great hassle, then I will switch gears and become a student of the Chinese language and not bother to work. My remaining free time, I can hangout with her son and play at the Red Dragon Race Track! Razz
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Hansen



Joined: 13 Oct 2008
Posts: 737
Location: central China

PostPosted: Sun Mar 29, 2009 10:04 am    Post subject: Reply with quote

Chengdu

I'd like to hear about the two people you know who have received "D" visas. Am I correct in understanding those to be the equivalent of a "green card" in America?

I have heard, and I admit that this is hearsay, that the "D" card is rarely issued. Easy to apply for, nearly impossible to receive. Since you know two people who have them, please tell us more.
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