Chinese Visa problem

[Alan Medic]

My son's study visa expires at the end of July. He's due to start working in China on August 1st. The company have to start the ball rolling once he gets his degree certificate. From what I read this process of obtaining a work visa could take some time.

The company have never employed a foreigner before so the process is new to them and nothing seems to happen very quickly there. My question is, what if he stays in the country after his current visa lapses without having obtained the new one?

Has anyone any experience of a similar situation? What would you advise?

[KidKruger]

AM, I have no exact knowledge, but it'd be reasonable to err on the side of caution.

It's not like China has flexible rules and an open-minded view around bureaucracy.

If your son infringes I wouldn't be surprised if he's deported/banned/fined or even imprisoned temporarily/meanwhile.

Those guys don't mess about !

Can't he go hang out in HK (different visa system ?) or Vietnam a while ?

[Lordship 516]

Alan Medic Wrote:

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> My son's study visa expires at the end of July.

> He's due to start working in China on August 1st.

> The company have to start the ball rolling once he

> gets his degree certificate. From what I read this

> process of obtaining a work visa could take some

> time.

>

> The company have never employed a foreigner before

> so the process is new to them and nothing seems to

> happen very quickly there. My question is, what if

> he stays in the country after his current visa

> lapses without having obtained the new one?

>

> Has anyone any experience of a similar situation?

> What would you advise?

Hi Alan,

It is not advisable to overstay your visa in China; it will result in arrest & a ban forever entering China again. Chinese laws are absolute in their effect & there is no leeway whatever. The police are very powerful & in many ways beyond the law & the courts are essentially police courts.

It is generally not possible to change visa type within China - you have to submit application for extension at least 7 days before its expiration. The PSB officers will issue you with a return receipt once they accepted your application and make the final decision within 7 days. Because when you get the new one, the old one becomes invalid. If you are late applying, you have overstayed and are subject to a fine and possible expulsion.

X Visa to F visa

Materials Required:

a. Valid Invitation Letter. Many visa service agencies are able to handle this. Sometimes students are asked to provide a scanned copy of business license of a Chinese company;

b. Valid passport and two 2-inch passport-sized photos;

c. Students from certain countries are required to provide a Letter of Agreement, which can also be handled by visa service agencies.

The F visa is classified into several types such as 3 months and 1 entry F visa, 6 months and 1 entry F visa and 6 months and 2 entries F visa, etc. Each type has different requirements to applicants:

a. For 1 year and multi entries F visa: Applicants must at least have 8 leaving and entering records;

b. For 6 months and multi entry F visa: Applicants must at least have 3 leaving and entering records;

c. For 3 months and 1 entry F visa: Applicants must at least have 1 leaving and entering record.

Since not many visa service companies can handle this alteration service directly, applicants can first alter their Residence Permit into L visa and then F visa.

Materials Required:

Besides all the materials needed for X Visa to F visa which mentioned above, applicants are required to provide the valid residence permit [this needs to be validated at a police office].

X Visa to L Visa

The disadvantage of altering X visa into L visa is that applicants can only get another 1 month stay at most for once and no more extension.

Materials Required:

Graduation certificate, financial certificate (RMB 21000 in Chinese account), accommodation letter [this needs to be validated at a police office], two 2-inch photos

I have been caught like that a few times & had to leave even though I hold a special semi-permanent visa due to being married to a Chinese person. The Chinese officials are very suspicious of the intentions of foreigners & act accordingly.

Advise him not to overstay.

[Alan Medic]

The 2nd stage of the application requires him to give up his passport KK. My suggestion was that he returns here and posts back his passport.Once visa has been issued the company post it back to him. Probably plenty of reasons that won't work. I just don't know what they are yet.

[Lordship 516]

Alan Medic Wrote:

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> The 2nd stage of the application requires him to

> give up his passport KK. My suggestion was that he

> returns here and posts back his passport.Once visa

> has been issued the company post it back to him.

> Probably plenty of reasons that won't work. I just

> don't know what they are yet.

If he comes back here it will probably take longer. The whole issue is that the various agencies make money out of facilitating these type of applications & money talks in China more so than in any other country I know. The employer ouht to seek out an agency to handle the application - they are best placed to do this.

[IlonaM]

Maybe talk to Chinese Embassy in London for advice or a Chinese immigration lawyer. There may be a dual-qualified lawyer here in London who could provide some initial advice and reassurance. ILPA (the Immigration Lawyers' Professional Association) may know of someone [www.ilpa.org.uk Telephone: +44 (0)207 251 8383, Email: [email protected], search directory of lawyers (maybe search for Cantonese & Mandarin speakers): http://www.ilpa.org.uk/search-directory.php].

[Alan Medic]

His future employers are telling him to return to UK, get a tourist visa and then go back. I'm pretty sure that would require him (me) to buy a return ticket which won't be used.

I'll try the Embassy to see if they can offer advice.

[Lordship 516]

Alan Medic Wrote:

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> His future employers are telling him to return to

> UK, get a tourist visa and then go back. I'm

> pretty sure that would require him (me) to buy a

> return ticket which won't be used.

>

> I'll try the Embassy to see if they can offer

> advice.

To get a tourist visa he will have to have a return ticket. However, he cannot work on a tourist visa and technically cannot do any form of business either.

What he can do is apply to convert it to an 'F' visa once he gets there. If he runs out of time on the 'L' visa he can apply for one extension of 30 days locally in China.

The Chinese Embassy are usually not very helpful other than to advise using an agency or immigration lawyer.

Best of luck.