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Posts: 8

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Q: Work Visa Issue

Hi Guys,

 

I have been living in China for about 18 months on a ten year tourist visa. During this time, I have done online freelance work (with foreign clients) while being paid into an American bank account.

 

Recently, I accepted a job with a Chinese company, but I have had some issues getting a work visa. The company's visa specialist claims that my work permit application will be rejected due to the amount of time I have spent living on tourist visa, which she say would make the local government suspect that I have been working illegally.

 

Has anyone else run into or heard of a similar issue?  

 

 

6 years 46 weeks ago in  Visa & Legalities - China

 
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Comments (14)
Posts: 4421

Emperor

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Show them proof of income and the proof that your salary was deposited from point A to point B... Therefore you have shown them that there was no Chinese company making a deposit in a Chinese account that was in your name.. There's nothing wrong with being a tourist in China, hey its a 10 year visa, thats what its for. Print out bank statements as proof, get them translated and that should fix everything. I've known many convert L or Biz visa's to a work visa.

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6 years 46 weeks ago
 
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Thank you for the information. I will definitely explore that avenue. It seems that online freelance work is still in some weird gray area here, as I previously suggested this to the company's visa rep and was met with confusion regarding how it would be received.

Chinajobber:

Freelancing or really doing anything to earn money while on a tourist visa is illegal (I'm 99% certain that it can't even be done on a work visa). I don't think showing the government you earned money during the past 18 months is the best way to go about this. I personally would just apply for the visa and tell the company that you were just traveling during this time... See what other people say.

6 years 46 weeks ago
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bill12345:

Yes, that point was brought up in one of my conversations with HR. The hiring company is aware of the freelance work, and does not care. The main issue is for them is to position it to the local government in the appropriate manner so the work permit is not rejected.

 

I just wanted to check the validity of the visa rep's claims, as it seems like a strange thing to get hung up on.

6 years 46 weeks ago
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Posts: 511

Governor

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Can you even apply for a Z visa if you are in china?

icnif77:

No, you must exit China and apply for Z at Chinese Embassy in your home country or in HK if lucky!

6 years 46 weeks ago
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Posts: 827

Shifu

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Word of caution: I have had both a Q2 visa and 6 work visas in my passport, but not overlapping time periods, I just received a Q2 visa valid for 7 years (passport will expire in 8 years). Will they cancel your Tourist visa when you apply for the Z visa? Something to ponder. I would like to know the answer.

Hotwater:

Your situation sounds very strange. AFAIK Q2 visas are only valid for 6 months each time...

6 years 46 weeks ago
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bill12345:

Yes, the tourist visa would be getting cancelled. . 

6 years 46 weeks ago
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6 years 46 weeks ago
 
Posts: 7178

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You have to go back to your home country to apply for a Z visa.

 

Unless you have an Oxford PHD, have a Nobel prize in physics, and happen to be in Shanghai.

 

Good info here about applying for Z visa in HK:

 

https://www.chinese-forums.com/forums/topic/41414-the-hong-kong-visa-topic/

 

Read through it.

 

The Z visa is issued by the Government to allow you to enter China to apply for a work permit and residence permit. I done my Z visa 5 years ago. I had to return to the UK to get it.  Things have tightened up since then, so you have to go home to get it.  Indeed, a new WP and RP system was introduced at the start of April, and I have pretty much had to go through the whole system again to renew, but no trip home required.

 

If your job is non teaching, look up a  company called Fesco.

 

There seems to be a mysterious list of required skills that China wants. This being China of course, the list is not published. But Fesco seem to know. Rumour has it, they are Government owned. So they know the policy better than anyone.

 

http://www.fesco.com.cn/495/index.htm

 

I am not connected to this company in any way.  Lets just say, I am a non teacher with no degree. The UK company I work for use them, and just this week they got me a new work permit under the new ABC system.

 

They also do a tax service for foreigners if you want to be paid in one place, and pay tax in different places. You can be paid offshore, and pay tax to China for days here, and pay foreign tax when not here.

 

Good luck Smile

ScotsAlan:

Correction :-)

 

I am connected to this company... They do my work permits, residence permits, and Chinese Tax.

 

And just to add. I have UK friends who have tried to use them with not so good results. It seems to depend upon your companies HR Department willingness to pick up a phone and talk to them.... and follow their instructions.

 

Never underestimate the power of a local HR manager to fuck you over if they can't use their own "local expert" to get a cut.

6 years 46 weeks ago
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bill12345:

Great, thank you for all the info. I was planning on visiting the US in July anyway so that will not be an issue. This is for the initial part of the Z visa application, which I thought was called a "work permit", but I must have used the wrong word. 

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6 years 46 weeks ago
 
Posts: 827

Shifu

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To Hotwater: Yep, I can stay in China for up to 180 days after each entry. I am free to enter China as many time as I want for the next 7 years without applying for a new visa.wink

I replied here because I can't add a comment for a reason I don't know about.

Hotwater:

That's interesting. I never knew that Q2 visas were issued for a long period. Thanks. 

6 years 46 weeks ago
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icnif77:

That happened to me too, i.e. 'can't comment'. I believe cause is your sucky Internet connection.

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Posts: 548

Shifu

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I am always awed by questions like this. Countries have visa types and procedures for specific purposes and reasons. When someone fails to abide by those policies or tries to circumvent the system for their own purposes, they are often surprised when it comes back to bite them. I suspect that 90% or more of them knew that they were doing things improperly all along and then they are shocked that they got caught. In America, they are currently called "snowflakes". When you knowingly know and allow an employer to falsify your documents for employment or you try to do things on an incorrect visa, look in the mirror to find who is responsible for the mess that has occurred. To say that the person has no accountability and that it is always the Chinese who are at fault is BS. There are two sides to a story and we always here the "whoa is me" one-sided tale.

bill12345:

What is the correct visa for online freelance work dealing only with foreign clients? As I said in the original post my business has no relation with any Chinese citizens or Chinese sources of income.

6 years 45 weeks ago
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Shining_brow:

I think Nasborough is talking about being here on a tourist visa, and expecting to be able to transfer to Z visa without leaving the country....

 

Can't be done! Deal with it!!

6 years 45 weeks ago
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bill12345:

Oh, ok. I don't think I ever mentioned that in my original post. I am intending on going back to America to process everything.

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Posts: 7715

Emperor

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Gaining money from overseas is completely legal here in China. There is NO issues associated with it (as long as you're paying the appropriate tax rates where relevant).

 

Living here on a tourist visa is no issue, and is completely legal here in China, as long as you're not gaining any income IN China.

 

Regardless - it's still basically impossible to 'convert' a tourist visa to a residence &  work permit... so, going home to do it will be significantly easier - if not necessary!

Hotwater:

I beg to differ slightly. After 5-years of residence than China expects to tax you on worldwide income! Not relevant in OP's case but if living here on a Q1 spouse visa than this could bite you after 5-years...

6 years 45 weeks ago
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Shining_brow:

Oh, so they're as bad as the yanks now??? (well, almost... :p)

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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