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Joe C.

Joined: 08 May 2003 Posts: 993 Location: Witness Protection Program
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Posted: Sat Feb 25, 2006 8:28 am Post subject: |
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| vikdk wrote: |
hey sino and Joe - hope you guys will still be here when Roger gives his evidence  |
Yeah, we're waiting with baited breath!  |
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ebolayatollah

Joined: 14 Nov 2005 Posts: 95 Location: Shanghai Soon
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Posted: Sat Feb 25, 2006 11:15 am Post subject: |
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Why do you guys even bother going to such lengths arguing about this topic?
I would liken this subject to creationism vs. evolution. Since getting to Shanghai I've noticed the idea of "enforced rules" is entirely subjective on many levels. Same goes for the F or Z visa.
So my advice? Do your own research into your local areas and use that information. Oh, and don't listen to Roger.  |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Sat Feb 25, 2006 11:30 am Post subject: |
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| vikdk wrote: |
hey sino and Joe - hope you guys will still be here when Roger gives his evidence  |
You guys have to wait a day or two longer because I am not near that book; meanwhile I reiterate my previous stance:
If your employer applies on your bhealf to the local PSB then your 'F' visa is legal. It is issued only under certain conditions, of course since you should preferably work on a work visa or, since last year, as owner of a residence permit.
By the way, I invite all contenders to check out relevant threads started by vodyoda (spelling), a lwyer by profession based in Kunming. He started a lengthy debate of this issue early last year; another thread in which he was very active revolved around the issue of applying for residence permit/work visa in-country rather than having an invitation letter sent overseas to you. |
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Mysterious Mark
Joined: 15 Dec 2004 Posts: 121
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Posted: Sun Feb 26, 2006 6:52 am Post subject: |
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Noticed this recently: http://www.eslcafe.com/joblist/index.cgi?read=10779
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| All our foreign teachers come to China on a tourist visa. This is to protect us from spending a large amount of money on visas in case the teacher decides not to come. Once the teacher enters China on a one-month tourist visa and stays at the school for at least two weeks, we will organize and pay for a business visa. Our school, although situated in China, is owned by a Hong Kong company so it is absolutely legal for you to work here on a one-year multiple re-entry business visa. Our schools have a government license to hire foreign teachers. |
Citing personal contact with a government official is a new development. Other than that, we're still basically in the pattern of people saying what is and isn't so, without offering evidence to back up their claims.
I agree that people should research the local situation, since after all, the mountains are high and the emperor far away, so to speak. |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Sun Feb 26, 2006 3:37 pm Post subject: |
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Page 275 in GUIDE TO EMPLOYMENT OF FOREIGN EXPERTS IN THE FIELDS OF CULTURE & EDUCATION:
Headline: III. Administration of Entyr & Exit (2)
4. How many types of visas are offered in China?
(Let's skip this; there are8 types listed; only two interest us, i.e. the 'F' type and the 'Z' type visas).
The text goes on as follows:
According to the above regulations, foreign experts who come to China for long-term service should apply for a Visa Z on their entry. Those who are invited to visit, teach or participate in the exchange of science, technology and culture and stay in China for a short term should apply for Visa F on entry.
Under 'III. Administration of Entry & Exit (3), I found the following clarificaion (if we want to accept it as such):
5. How to apply for Visa Z for the foreign experts who enter China for work?
According to the regulations, foreign experts who plan to work in China for more than 6 months should present their invitation letters, valid passports and certifications, and Confirmation for Invitation of Foreign Experts (original file) to Chinese diplomatic representative organization, consulate or other overseas organizations entrusted by the Ministry of Foreign Affairs for application of Visa Z.
Source:
The book mentioned above is published by the Foreign Language Teaching and Research Press, Beijing; the present copy dates from 2002.
I am aware, of course, of changes having taken place since such as the introduction of the Residence Permit sticker that takes care of the visa itself. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Sun Feb 26, 2006 11:48 pm Post subject: |
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Thanks for following through on this Roger. Too often people state things as being fact on this forum yet fail to follow through.
I think that the text that you have quoted from that book is pretty much the same as what you will find on any government website dealing with the issue of visas to China.
I am not sure that the quoted text really answers the question with any degree of certainty however. I can see your point of view and what you base this upon, however my interpretation of the legislation is different from your own.
It seems that Roger's interpretation is based upon two points listed in the F visa requirements:
1. teaching;
2 and the fact that the work must be less than six months in duration
My own interpretation is as follows:
An F visa could be used for the purposes of teaching for a visiting professor for example. He or she is not likely to be here for more than six months but is not really a business person in the true sense of the word. This person does not likely hold down a full time job here and remains employed by an organization back home who pays his or her wages back home. No doubt the schools here would give the lecturer some sort of stipend but not a salary as such as the lecturer is not considered an employee but instead a guest. If that lecturer remained in China for more than six months then he or she would be considered a resident and would therefore be required to obtain a Z visa.
A Z visa is for anyone who comes here to accept employment and draw a wage locally. I believe that this would apply to every industry with some specfic exceptions such as consular staff. Most teachers live here, work full time, are no longer employed by a company back home, and derive their wages here in China. This makes them residents for the purposes of employment and as such they are required to obtain a Z visa in order to be completely legal here. |
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Joe C.

Joined: 08 May 2003 Posts: 993 Location: Witness Protection Program
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Posted: Wed Mar 01, 2006 3:28 pm Post subject: |
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| clark.w.griswald wrote: |
| A Z visa is for anyone who comes here to accept employment and draw a wage locally. I believe that this would apply to every industry with some specfic exceptions such as consular staff. Most teachers live here, work full time, are no longer employed by a company back home, and derive their wages here in China. This makes them residents for the purposes of employment and as such they are required to obtain a Z visa in order to be completely legal here. |
This is a perfectly valid assessment. One of the keys is "drawing a wage locally".
Although some schools will advertise that you can legally work on an "F" visa, were the crap schools tell you always reliable there wouldn't be a bitch section on this forum miles long about schools that have lied, cheated, swindled and otherwise abused FTs, would there? |
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Super Mario
Joined: 27 May 2005 Posts: 1022 Location: Australia, previously China
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Posted: Wed Mar 01, 2006 8:48 pm Post subject: |
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Roger's quotes from the relevant authority contain interesting modals of obligation. "Should" does not mean "must".
So, is this merely a recommendation from the Chinese government, or did they mean it to be a directive? |
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Joe C.

Joined: 08 May 2003 Posts: 993 Location: Witness Protection Program
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Posted: Thu Mar 02, 2006 12:26 am Post subject: |
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| Super Mario wrote: |
Roger's quotes from the relevant authority contain interesting modals of obligation. "Should" does not mean "must".
So, is this merely a recommendation from the Chinese government, or did they mean it to be a directive? |
Roger's reference is not an authoritative governmental source. It is merely a compendium which, at best, paraphrases Chinese law on a topic. Note that it is published not by the government, but by one of the individual publishing houses which, at times, has published material entirely laughable.
Instead of second-hand sources (i.e. "According to the above regulations"), it would be better to quote the actual regulation. And even then, as in other nations, what the law as written apparently means is seldom what it actually does mean. I mean, why were lawyers invented? |
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Spiderman Too
Joined: 15 Aug 2004 Posts: 732 Location: Caught in my own web
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Posted: Fri Mar 10, 2006 1:23 am Post subject: |
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Check out this site:- http://www.efl-law.com/China_ImmigrationLaw.php
.... and a couple of quotes;
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(2) the letter "Z" is marked on a visa issued to a person who comes to China for a post or employment, and also to this person's accompanying family members;
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(4) the letter "F" is marked on a visa issued to a person who is invited to come to China for a visit, for investigations, for giving lectures, for doing business, for carrying out scientific, technical and cultural exchanges, for pursuing short-term advanced studies or for doing short-term fieldwork: these activities shall not exceed 6 months;
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Fri Mar 10, 2006 7:36 am Post subject: |
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| Joe C. wrote: |
| Super Mario wrote: |
Roger's quotes from the relevant authority contain interesting modals of obligation. "Should" does not mean "must".
So, is this merely a recommendation from the Chinese government, or did they mean it to be a directive? |
Roger's reference is not an authoritative governmental source. It is merely a compendium which, at best, paraphrases Chinese law on a topic. Note that it is published not by the government, but by one of the individual publishing houses which, at times, has published material entirely laughable.
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That book is authoritative enough, and I am not convinced the publisher is as daft as "joe" has us believe - it most likely is a nationalised publisher. It also is involved in the organisation of annual EFL conferences.
That some of its published works are "laughable", well, who's to blame? Almost any publisher produces "laughable" materials, including some world-famous ones!
Finally, I also asked a Chinese government official (since in China so much knowledge depends on who disseminates it).
Apparently, 'F' visas are legal for up to six months, if applied for by the employer.
What criteria apply is less well defined, and we all probably know through our own experience, there is a lot of leeway in how to apply the law to each and every case.
'F' visas seem to be a stop-gap solution for schools or training centres that have highly fluctuating student enrollments. |
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vikdk
Joined: 25 Jun 2003 Posts: 1676
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Posted: Fri Mar 10, 2006 9:30 am Post subject: |
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| Finally, I also asked a Chinese government official |
The plot thickens - and pray who was this official my dear Roger  |
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Joe C.

Joined: 08 May 2003 Posts: 993 Location: Witness Protection Program
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Posted: Fri Mar 10, 2006 1:50 pm Post subject: |
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| Roger wrote: |
That book is authoritative enough, and I am not convinced the publisher is as daft as "joe" has us believe - it most likely is a nationalised publisher.
... Finally, I also asked a Chinese government official ... |
Well, we have Roger's lame book and phantom official vs. the official Chinese government website: http://www.gov.cn.
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Rules for the Implementation of the Law of the People's Republic of China on Control of the Entry and Exit of Aliens
(Approved by the State Council ...
Article 4 According to the stated purpose of aliens' visit to China, theordinary visas shall be marked with certain Chinese phonetic letters:
...
(2) Z visa to aliens and their accompanying family members who come to Chinafor a post or employment;
...
(4) F visa to aliens who are invited to China for a visit, investigations,giving lectures, doing business, carrying out scientific, technical or culturalexchanges, or for short-term advanced studies or fieldwork, etc. for a period ofnot exceeding 6 months;
... |
| Quote: |
Law of the People's Republic of China on Control of the Entry and Exit of Aliens
Article 19 Aliens who have not acquired residence certificates or who are on a study programme in China may not seek employment in China without permission of the competent authorities of the Chinese Government. |
But, rather to rely on phantom officals or any useless publication that falls into your hands, best just to pick up the phone and call your local PSB. In Guangdong you can call 96110. Tell them you plan on staying in China for six months while working on an "F" visa and see what they say. Just to be on the safe side, think of an alias and cover story should they ask you who you are and where you work.
That said, almost everybody and their brother who comes to Guangdong on an "F" or "L" visa to take up a university job will end up working for a while on their initial entry visa while the school processes the work visa. Though not likely legally, technically, I have never met or heard of anybody getting busted over it. Heck, people work here years on "L" or "F" visas and never get caught for that matter.[/quote] |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Fri Mar 10, 2006 3:00 pm Post subject: |
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| Phantom C. wrote: |
| Roger wrote: |
That book is authoritative enough, and I am not convinced the publisher is as daft as "joe" has us believe - it most likely is a nationalised publisher.
(Approved by the State Council ...
Article 4 According to the stated purpose of aliens' visit to China, theordinary visas shall be marked with certain Chinese phonetic letters:
...
??(2) Z visa to aliens and their accompanying family members who come to Chinafor a post or employment;
...
??(4) F visa to aliens who are invited to China for a visit, investigations,giving lectures, doing business, carrying out scientific, technical or culturalexchanges, or for short-term advanced studies or fieldwork, etc. for a period ofnot exceeding 6 months;
... |
[But, rather to rely on phantom officals or any useless publication that falls into your hands, best just to pick up the phone and call your local PSB. In Guangdong you can call 96110. Tell them you plan on staying in China for six months while working on an "F" visa and see what they say. Just to be on the safe side, think of an alias and cover story should they ask you who you are and where you work.
. |
[/quote]
Don't get a muscle cramp from your winking, Phantom C! I am not sure Chinese medicine is useful in the hands of an ophtalmologist!
I noted with relief that you did NOT omit that part of the quote that mentioned aliens that come to China on an invitation to do "cultural exchange".
That is grosso modo what teaching is commonly regarded as and that's why some INVITATIONS bear the instruction for the recipient to apply for an 'F' visa.
But here is where you started slipping: it's not in the power of an FT to decide what kind of visa they must apply for; they get the suggestion from their would-be employer.
Thus, your advice to seek enlightenment through a phone call to the Guangdong PSB is useless.
If you ask your own boss to apply for an 'F' visa the matter would be different. That's why I asked a government official. Even on an 'F' visa, you are but a guestworker sponsored by a Chinese danwei!
But that titbit of information was contained in a number of previous posts of mine; maybe you didn't read them carefully enough! |
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vikdk
Joined: 25 Jun 2003 Posts: 1676
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Posted: Sat Mar 11, 2006 1:30 am Post subject: |
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still no expose on that goverment official - who is it Rog  |
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