Q: Can you help with a visa issue?
I came into China five years ago on a work visa, all legit, I had the residence permit renewed for 4 years and then last year I changed to a spousal residence permit. The reason I changed was that a previous employer screwed me over and didn't give release papers. So, I applied for the spouse permit and it was fine.
Now, my visa is just about to finish and I applied to renew the residence permit but it got refused, not sure why. I applied through an agency to ensure it would go well but there was a problem. I am thinking because either the purpose of visit changed while I was in China or maybe because the previous employer has caused a problem? Still, can't be sure.
I am worried now because I have a lot of people telling me I can go to HK and do a visa run there and it will be fine but I am thinking, I don't want to waste more time and money on a whim. I feel it would be safer to return to home country and reapply for the visa there. Any advice? Thanks
If all you are saying is true (and by this I do not imply you lied, please), why do you want to renew a work visa if you have a spouse temporary residence permit? To my knowledge, the work visa that you had expired 30 days after you entered China. Your temporary residence permits took over your expired visa, then later on I am assumiung yo9u got married and had your temporary residence permit issued because you were married to a Chinese national.
So, if you are still married to that Lady, and your temp. residence permit is about to expire, do get it renewed at your local PSB. But if that is not the problem, you only want to renew your visa, there is no need for that, because your current permit also works as your visa for practical purposes.
But if you want to work legally again, then you will have to get a new work visa, and with the new regulations you may have to end up going back home to get all reuired documentation.
If I understand Chinese visa laws correctly, you can have EITHER a spouse temporary resident permit, OR a work permit... you cannot have both at the same time.
In changing to the Spousal permit, you had your work permit cancelled... so, it can NOT be 'renewed'. You would need to apply for a NEW permit!(and, in doing so, have the Spousal permit/visa cancelled!)
As I'm sure you already know, you are NOT permitted to work on a Spousal visa. (you are allowed to be married on a Work permit )
Also - "a previous employer screwed me over and didn't give release papers" - that is illegal! Your employer has to give you those release papers within 30 days. If you were fully legally, contact the FEB. Because, yes, it WILL screw you over - BIG TIME!
RE: HK visa run.... will depend on your new employer (yes, you need to have one to have a Work permit!) This will depend on your industry, and the legalities of the employer - and your nationality, and a host of other things...
I'm confused on something.
1. Are you on a marriage resident permit that was a Q1 or Q2 when you got it? I'm amusing it was a Q2 because thats what you get when you apply for a married permit visa within China and its only good for 6 months to 1 year after you take a Q2 or apply directly at the PSB for the marriage resident permit. And depending where you are some cities won't renew a Q2, they will for Q1's.
So there is no solution for this within China nor HK anymore, your only chance is to apply in HK for another Q2 or go home and get a Q1 wold be better. IF you are an American you can send your passport home for a 10 year biz visa. Look for agents in LA, thats what many do.
Do you know about the new laws man, ABC talent cards ring a bell? So, it doesn't sound like you are on a working permit anymore and if you want to work again man you are in for hell brother, meaning I don't think you have prepared all your docs and got everything authenticated yet? 1. Degree 2. TEFL or Certs 3. Two years of reference letters and 4. A criminal backgrounds check or FBI check. All these doc's have to be authenticated by the China Embassy in your home country & signed by your university and so on.
So going home is the best choice for a long term future to ever be possible for you, go home and get prepared properly.
All people should know that the PSB's all over China have started to refuse to renew marriage visa's for different countries now. None of us are safe now with the idea of a marriage as a backup. I have met people that were refused and didnt get their marriage permit visa's renewed.