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Posts: 30

Governor

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Q: Legal aspects of getting Visa from Beijing and stay in Xi'an without police registration?

I have been serving in a private school and my visa was stamped from Beijing.I found a paper there whcih says that I need to get a registration card from local police and then get myself registered in the management of my residence. Once Bureau officers and police paid a visit to my school and my admin asked me to hide myself in a room and they didn't declare the police that they have foreign teachers here.Later , they told me that its an issue of school but not my visa issue.I would like to know the procedure if someone gets visa from some other city and over stay in another for a year then what are the legal considerations /punishments apply on that foreigner?

8 years 49 weeks ago in  Visa & Legalities - China

 
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Posts: 1439

Shifu

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- You do not get a "visa" from a Chinese city. Visas are emitted by embassies abroad, and they are supposed to grant you the right to first enter in the country. Chinese "cities" and their relevant organs deliver "Residence Permits" (or visas extension, but that's an exception).

 

- Your residence permit should mention your purpose of residence, and for work, it should be "工作", or "任职" (for expatriates of foreign firms or consular employees). If yours says anything else, are 100% working illegally, but the good news is you can just stop showing up at work. But your best option would be to report it, to avoid any potential backfire.

 

- If working under the correct RP, then you should possess at all times your working permit with you, usually a booklet mentioning your address and your employer's address. The latter is important. It has to be the address where you are working. Not the headquarter, not a branch, and especially not a third party.

-- If you do not have your working permit, then your employer has it. This document has to be in your possession and you have the right to complain about it. SAFEA is the way. Don't phone, don't e-mail, go in person.

-- If you do have your working permit and the address is different than where you are working, which is probably your case, then yes you are working illegally. Again, ask your employer for clear answers and react accordingly with the knowledge of what I said above. You should not show up to work.

 

Finally, YES, police registration is mandatory. Should you have done that, the officers would most likely have told you all this earlier when noticing the discrepancies.

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8 years 49 weeks ago
 
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Posts: 3868

Emperor

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Basically you are working illegally. The company got you a visa illegally. You are liable for a big fine and getting deported if caught. 

sama.ej:

It is not my fault and I was not aware of it.I really want to quit my job but I don't know whom should I contact?

8 years 49 weeks ago
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Hotwater:

I know it's not your fault. Unfortunately this happens a lot due to unlicensed schools that can't legally employ foreigners. Hope you get this sorted out ok

8 years 49 weeks ago
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sama.ej:

I got your point。 I have already sent an email to SAFEA on the recommendation of a friend and I will soon quit this job instead of indulging myself into a big crisis .Thanksa lot! 

8 years 49 weeks ago
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8 years 49 weeks ago
 
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Wait, you got your visa in Beijing for a school located in Xi'an?

 

I regularly go to my local PSB as part of my job to get or renew RPs for my company's foreign teachers. I sometimes run into foreigners there and I'd be like "Hey where do you work?", they would say "Oh I work in *some city far away*". I'd be like "Why are you coming down here to get your visa and not in your own municipality?". They are just like "I do not know my school told me to".

 

What is actually going on is they work for an illegal fake school as you do and the person in charge of their school knows someone in my city who has a legit school or paid a visa agent , they would pay like 10000 to 15000 to use that school's license to get the foreigner a Z-visa, RP, FEC, etc.

 

Ask to see your school's alien employment license (外国人就业许可证), it should be easy to find (not in the archives) since they need to show it if the police comes to check. If they can't show it to you (almost) immediately it means you are working for an illegal school. My advice, quit your job, you are screwed if the police finds you, no legal requirements, you will be deported and blacklisted from returning to China.

 

The alien employment license looks like this: http://a4.att.hudong.com/08/70/01300001209308130406700197163.jpg

sama.ej:

Thanks for the explanation. Would you mind it if I save the image and tele it to the documents in my school? My school has brances in some other cities as well and I already had my FEC before joining this organization. Do you know some lawyer who could help me to resolve this issue as they have asked me to complete the session till 31st August which is now sucking my blood?

8 years 49 weeks ago
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Eorthisio:

Yes you can save the image, it's not mine. I don't know any lawyer and suing them wouldn't help you since you are illegal. It doesn't matter if your school has legal branches in Beijing, you can't work in city A with a visa from city B. Also your school doesn't seem to have good connections since they asked you to hide, you are not safe with them.

8 years 49 weeks ago
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8 years 49 weeks ago
 
Posts: 19790

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You can seek an advice from Foreign Expert Bureau (SAFEA) in Xian. 

 

Type 'SAFEA' in search above for SAFEA's address and contact no. in your city.

sama.ej:

Thanks a lot! Is there any English version of SAFE?

8 years 49 weeks ago
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icnif77:

I contact them quite often, and they always have at least one Chinese, who speaks English. 

If you'll call them to the 'only Chinese office', they'll connect you with the officer who speaks and understands English.

Web link is in English.

8 years 49 weeks ago
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sama.ej:

Thanks friend whoeveryou are! I have just sent an email to the concerned authorities on this issue and aim to call them tomorrow. Thanks a lot indeed!

8 years 49 weeks ago
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icnif77:

You might have faster response, if you'll dial them first. I always offer them detailed explanation of the matter through an email, and officer answering the phone usually send me text with her/his email address.

In January this year, FT from Jianou, Fujian, sent them an email from USA, and he didn't get reply. After I called them, they replied to his email pronto.

I'm guessing, they don't check their official email accounts too often. 

8 years 49 weeks ago
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sama.ej:

Thanks! In this case,I will give them a call today to get myself rid of all this chaotic situation.Thanks for showing me a way out!

8 years 49 weeks ago
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icnif77:

Don't think, 'coming out of mess' will be easy.

Look for the new RPermit sponsor/ new School, which will extend your present RP. That is the most important part.

SAFEA will most likely act in compliance with Chinese law, i.e. 'if you're in the country illegally, you'll be required to exit it'. SAFEA won't look for the new RP sponsor for you, despite it's your present employer's fault for the mess.

Find new employer first!

8 years 49 weeks ago
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8 years 49 weeks ago
 
Posts: 470

Governor

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There can but does not have to be the issue with such a practice. It's quite complex topic. 

Firstly the accommodation registration is an obligation in China and irrespective where your visa is issued you need to register yourself with local police in the place of your residence (even temporary residence).

Hotels are doing it on your behalf, if you rent an apartment on your own so you have to do it on your own. Having visa issued in Beijing (place of issue is actually mentioned in the visa) and register yourself in Xi'an is absolutely legal and there is nothing wrong with that.

The problem starts with the work. Generally if you for majority of the time work in Xi'an and not in Beijing so you have the obligation to change your visa to Xi'an one. If found by police so they will firstly remind you and if no action taken (and they check again) so your visa can be canceled.

Even bigger problem is then with the work as such. Theoretically it could be legal that the organization who employed you has the right to delegate you to work in another place (and in this sense for another entity) but I honestly doubt this is the case. 

Most probably you are breaking the law with all the consequences which Hotwater mentioned.

And even though it may sound strange to you so it is your fault because you accepted to work under the conditions which contradict to China law (there is the saying that not knowing the law is not an excuse).

I suggest you clarify your situation with your employer because consequences of illegal work in China are really tough if found out.

And the point that you did not know will really not help.

sama.ej:

Thanks Guoxiong!

 

I have completely understood the situation now.I have spoken to my admin regarding this issue .Better solution is to quit rather than to create any complexity .My priority will be my safety not an employment .

8 years 49 weeks ago
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8 years 49 weeks ago
 
Posts: 1439

Shifu

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- You do not get a "visa" from a Chinese city. Visas are emitted by embassies abroad, and they are supposed to grant you the right to first enter in the country. Chinese "cities" and their relevant organs deliver "Residence Permits" (or visas extension, but that's an exception).

 

- Your residence permit should mention your purpose of residence, and for work, it should be "工作", or "任职" (for expatriates of foreign firms or consular employees). If yours says anything else, are 100% working illegally, but the good news is you can just stop showing up at work. But your best option would be to report it, to avoid any potential backfire.

 

- If working under the correct RP, then you should possess at all times your working permit with you, usually a booklet mentioning your address and your employer's address. The latter is important. It has to be the address where you are working. Not the headquarter, not a branch, and especially not a third party.

-- If you do not have your working permit, then your employer has it. This document has to be in your possession and you have the right to complain about it. SAFEA is the way. Don't phone, don't e-mail, go in person.

-- If you do have your working permit and the address is different than where you are working, which is probably your case, then yes you are working illegally. Again, ask your employer for clear answers and react accordingly with the knowledge of what I said above. You should not show up to work.

 

Finally, YES, police registration is mandatory. Should you have done that, the officers would most likely have told you all this earlier when noticing the discrepancies.

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8 years 49 weeks ago
 
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Governor

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Thanks for the clear explanation! I have reached to a solid conclusion now.I didn't pay attention on this matter in the beginning except the day when the bureau officials paid a visit and I was locked up in a room until they parted.Later , they gave me explanation that this is the school matter not yours and if the police would arrest someone in this case then that will be your branch head not you. They tried to calm me down by saying that I have a lot o proofs in terms of the contract which shows Xi'an as my work station and my monthly salary slip which gives an surety that I am their employee and so on.

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All good answers above, but just as an additional little story.

I work for a foreign company, the company has a license to employ foreigners, my RP and work permit is in order, but when Government auditors visit the company all foreign workers are asked to stay at home by the finance boss.

I ask why, they say to avoid awkward questions.

And they have a foreigner employment license, I was with the HR girl when she got it ftom the PSB.

I cant figure it out.

sama.ej:

Thanks Alan!

I have already served a one month notice to my employer and I am going to join  a new organization from June.

 

 

8 years 49 weeks ago
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77