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benny2
Joined: 24 Nov 2005 Posts: 29
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Posted: Mon Jan 09, 2006 4:47 pm Post subject: Visa Confusion/ making decisions about schools |
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Hello, I'm new to the forum 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
Thanks |
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davidq
Joined: 26 Nov 2005 Posts: 12
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Posted: Mon Jan 09, 2006 8:39 pm Post subject: |
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>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
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Posted: Tue Jan 10, 2006 2:54 am Post subject: |
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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
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Posted: Tue Jan 10, 2006 3:27 am Post subject: |
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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
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Posted: Tue Jan 10, 2006 4:37 am Post subject: |
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. . . 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
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Posted: Tue Jan 10, 2006 4:48 am Post subject: |
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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
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Posted: Tue Jan 10, 2006 8:06 am Post subject: |
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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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Spiderman Too
Joined: 15 Aug 2004 Posts: 732 Location: Caught in my own web
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Posted: Tue Jan 10, 2006 11:18 am Post subject: |
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Spiderman Too - Can you tell us more about the circumstances of the teacer you referred to? |
The woman, Helen, was recruited by Bucklands and signed a 5 month (1 school term) contract as a volunteer English teacher for which she received a 'stipend' (the word used in her contract in place of salary) of 4,000 RMB per month.
The contract nominated her as a 'volunteer' and Bucklands even gave her a nice shiny volunteer badge to wear.
In accordance with Bucklands pre-employment instructions, she obtained a 6-month 'F' visa in Hong Kong prior to arriving in China.
Bucklands placed her in a government middle school in a small rural town in Guangxi province. The school put her up in an off-campus apartment, a short walk from the school.
One evening, about 1 month prior to the end of her contract, Helen answered a knock at the door and was confronted by two PSB officers. She was ordered to accompany them to the local police station. Officials from the school were summoned by phone.
Helen was detained for 8 hours. She was told that she was guilty of 2 offences; failing to register with the local PSB and working on an 'F' visa.
The 'failure to register' charge was settled by the school paying fines on their own behalf and on behalf of Helen. Helen was released but the PSB told that that they would be pursuing the matter of her working on an 'F' visa.
Of course, Helen reported the matter to Owen Buckland and sometime later he got back to her and said that he had used his contacts to make the 'F' visa issue go away. However, Helen remained concerned that her name had been recorded in police/immigration computer system and that she might get stopped at the airport when attempting to leave China.
During the final month of her 'F' visa, Helen did a summer camp in Shenzhen, which was where I met her. She didn't get stopped at the airport and she is now back in Australia.
I have been told 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.
I'm no saint. I have worked illegally in China on 3 or 4 occasions.
Last year I had a part-time job, in addition to my main 'contract' position. I know that it is illegal to work at any place other than that specified in your Foreigners Residence Permit. And, if anyone doubts this, read how forum member Klasies' son was arrested doing extra work at another school.
http://www.eslcafe.com/forums/job/viewtopic.php?p=336093&highlight=#336093
I have also done summer camps on the unexpired portion of my F.R.P.s, once again working for an employer other than that specified in my permit, and failing to register with the local PSB.
I think that the chances of getting caught are pretty damn small and I was / am willing to take the risk.
I assert that it is illegal to work on an 'F' visa. However, if the circumstances ever suited me, I would do it. But I would be doing so with the knowledge that it is illegal.
For anyone who wants to work on an 'F' visa I say go for it. BUT, don't be mislead into thinking that it is legal. |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Tue Jan 10, 2006 11:39 am Post subject: |
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'F' visas are illegal IF you shop for them outside of the mainland, i.e. in Hong Kong. They can be LEGAL if your employer applies on your bhealf to the locval PSB; some PSB stations issue those for up to 6 months. |
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benny2
Joined: 24 Nov 2005 Posts: 29
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Posted: Tue Jan 10, 2006 1:44 pm Post subject: |
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Thanks guys, you are appreciated!
I've gone with the work visa option (This is actually the only way either agency will do it). I think it'll be wiser in the long run to get myself sorted into the system legally. My various documents and stuff have been passed on the the sichuan goverment people.
I'm a lot less confused now....hopefully things will be sorted swiftly!
I will check I'm going to be sent this residency permit thing..... |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Wed Jan 11, 2006 4:55 am Post subject: |
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Spiderman Too wrote: |
For anyone who wants to work on an 'F' visa I say go for it. BUT, don't be mislead into thinking that it is legal. |
I think that this is spot on.
While enforcement of the rules may vary from province to province, this enforcement does not override the law of the country.
I have seen no legal support for the suggestion that you can legally work as a full time teacher on an F visa while being paid locally.
It is the individuals right as to what visa he or she chooses to work under but if you are working full time and getting paid here and are working under an F visa then I think that it is pretty clear that you are working illegally! |
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Giantbudwiser

Joined: 19 Apr 2004 Posts: 138 Location: The wrong side of the world
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Posted: Wed Jan 11, 2006 5:29 am Post subject: |
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What agency are you going through? |
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