Job Discussion Forums

JoachimM · Joined: 16 Apr 2007 Posts: 5

I have for the past 3 months been working in the Xianjiang province of China. When I started working, I almost immidiately got registered at the police station and I also had the obligatory medical check for foreigners, but since then not much has happened, even though I have asked several times how far along in the process they were. They keep saying "it will come soon, don't worry". I gave my employers my passport about 3 weeks ago, because they told me that my new visa would be ready "very soon"

2 days ago my original visa expired. Do anybody have experienced something similar? What should I do, leave the country? I am kinda clueless as to whether or not my "crime" is serious or not. Could i be going to jail or get deported? Would appreciate any help I can get

Teatime of Soul · Joined: 12 Apr 2007 Posts: 905

If your school is legit, and they are really processing an FRP, then not to worry. The clock stops when they submit your paperwork and get a white receipt from the PSB.

Ask to see the receipt if you are worried. It is about 5 X 7 inches and will have the price paid to the PSB (about 800 RMB for one year).

Good luck.

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

Three months is an awful long time to be waiting for a RESIDENCE PERMIT (probably not a visa, but I could be wrong). I would not be so carefree about it and start making inquiries every hour. I would be going to my school's foreign affairs office and demanding a trip down to the PSB to find out what the heck is going on! Something smells a little fishy to me . . .

Ahchoo · Joined: 22 Mar 2007 Posts: 606 Location: Earth

tw · Joined: 04 Jun 2005 Posts: 3898

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

Oh, I get it - - he's been working on whatever visa he came here on, but his school has only recently decided to act upon getting his residence permit. Well, yeah then, 3 weeks is not an AWFUL long time, but I'm lucky as my school has a turn around of about 1 week to 10 days in the last two times they've renewed for me. I do like the advice of narrowing down the "soon" part and get more specific. In the past, I've given advice on procurring a visa for at least 3 months because it could take your new school several weeks to get that permit for you, but I guess 3 months isn't always enough time! Yow!

tw · Joined: 04 Jun 2005 Posts: 3898

ChinaAndrew · Joined: 01 Dec 2006 Posts: 48 Location: china

Had a teacher at our school in a similar situation.

He had an r.pf witha month left on It..kept hearing the dreaded words 'soon don't worry'

So it expired and HE had to pay 3000 to the PSB.

'It won't heppen over night but it weell happen'
RACHEL HUNTER

HunanForeignGuy · Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC

First, based upon my own personal experiences, I would have to disagree with the poster who wrote that the clock stops ticking when the paperwork is submitted to the PSB. It does NOT.

When I arrived in Harbin almost five years ago, I was brought over by a very legitimate school that wanted me in a hurry. They agreed to undertake the process of converting the tourist visa into a work visa.

But the FAO, when he was sober, which was NOT often, was totally incompetent. We harassed him every day for the duration of our visas (mine was one month, the two Aussies I worked with had three-month visas). Nonetheless, he assured us that everything was alright and everything was being processed.

This dragged on for FOUR months -- he had been lying to the Administration as well -- until the PSB arrived at our collective doorsteps at about midnight one summer night and hauled all four of us off to jail -- yes, to jail. Of course the school was mortified, the Foreign Affairs Office was mortified, etc., etc., but we poor teachers still had to sign a "confession". The school paid a hefty, and I mean hefty, fine and the Harbin PSB told us two things, point blank :

1. never mind what an agent does with the passport, the passport holder is ultimately responsible for his or her proper documentation. There is no "law of agency" in China that would allow for blame to be passed on; and

2. the clock does NOT stop ticking when the paperwork is submitted. The paperwork must be submitted far enough in advance to take this into account.

Finally, as for the OP, do whatever you have to do to ascertain the status of your application and passport. And contrary to the others, I must say that three weeks is a LONG time, if you have already had your medical, and if the school has secured a FEC, then the visa transition process itself can be settled within a matter of a few days.

There will be a fine, that is for sure, but insist that the school pay it, and if you are threatened with a forced confession, already prepared, as we were, and threatened with deportation (by the school nonetheless as we were, to cover their errors), then regardless of what any poster on this Board says, contact your Consulate immediately. You have a right to a Consular official present at this kind of a PSB "hearing".

In the meantime, fix it and go look for a more reputable school.

I really feel terrible for you. It is almost five years to the day that I endured the same thing.

JoachimM · Joined: 16 Apr 2007 Posts: 5

Thank you so much for all you quick replies, I really appreciate it! I will keep asking for my visa/residence permit and find out EXACTLY when I can pick it up - If she can't tell me that, I will look for a new job or get out of the country. The last thing I want is getting in trouble with the PSB.

HFG: That's a scary story, thanks for sharing it! Serves as a warning for what can happen - I certainly hope it won't happen to me. I certainly will take the neccessary precautions.

Steppenwolf · Joined: 30 Jul 2006 Posts: 1769

Well, Joachim, you have singularly failed to put us in the right picture about your situation: you submitted your passport 3 weeks ago, but what kind of visa did you have in it, and for how long?

And did your employer apply for a work visa or for a resident's permit?

Are you employed legally?

Normally, an unexpired visa must be cancelled; if it is a tourist visa they might first check whether they can grant you a work visa (some provinces can't do that any more).
If they can't then your visa cannot be cancelled and you will have to quit your job...

Normaloly processing a visa or RP application takes under one week.

JoachimM · Joined: 16 Apr 2007 Posts: 5

tw · Joined: 04 Jun 2005 Posts: 3898

Teatime of Soul · Joined: 12 Apr 2007 Posts: 905

HFG: Are you saying that if a FT has all his proper paperwork turned in to the PSB in plenty of time, and the PSB loses his paperwork, or fails to do their job, it is the FTs responsibility?

I don't think so.

A drunken FAO who had been lying to everybody is probably not the best exemplar.

Now, contrast that with a school that has a good relationship with the PSB, has a record of diligent and timely submission of documents, and has a receipt to show the documents were turned in early enough for ample time to process.

The PSB will take the hit on that one.

Steppenwolf · Joined: 30 Jul 2006 Posts: 1769

You have been told by two others that you are an II - not our judgement but a matter of fact...because working on a tourist visa simply is illegal.

Another point to consider is: your employer is a public school, i.e. a middle school. I am not sure whether Xinjiang middle schools have the green light to hire FTs. I would doubt it, though!

Thus your middle school might get bogged down in molasses of sorts because they may inadvertently have hired you without having first received the green light to do so!

The fact that you went to register with the P.S.B. complicates matters further: the P.S.B. may have been inattentive and allowed you to reside in a dwelling place not normally approved for housing purposes of foreign residents (tourists). Now they may be trying to find a way out of their dilemma, but I would think they are under extra stress to find a solution that won't cause them loss of face!

If I were you, I would ask my FAO point-blank whether they have a LICENCE to hire FTs! If they have, you can ask them to provide e-mail addresses of past FTs!