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Sign up with Google Sign up with FacebookQ: Can you help with a visa issue?
Hi
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
7 years 28 weeks ago in Visa & Legalities - China
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.
Shining_brow:
"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."
Seriously??? What's the Chinese logic behind this?? (I can understand the 'why', but not the justification - not that they need to... but at least back home, we can - eventually - be offered a reasonable explanation for a rejection).
Hotwater:
I try to keep on top of visa/resident permit issues Ironman and part of how I do that is reading forums and "expat" websites. What you've written about PAB's starting to refuse spousal resident permits for certain countries is the first I've read about this.
Where did your information come from?
ironman510:
Yeah, people from Cameroon are no longer allowed marriage visa's. AT least in Shenzhen, he was the first person with a perfect history and money in the bank to be refused a Marriage visa permit.
ironman510:
@Hotwater, As you know I've been here for 9 years, only in Shenzhen and people know how I and a few of my friends follow the visa stuff here, so people not only on websites ask me stuff, tell me stuff and ask for help with ideas, My friend here called me and asked what he did wrong with his marriage visa, I speak Chinese so I went with he and his wife to help and ask my PSB friend what was up, he couldn't directly say but he said because of where he is from he wasn't allowed to "renew" his marriage permit at this time. I asked does he have to go home and try? He didn't know.
Seems to me like they might and take note that I said "might" want us to leave after marriage permits are over in the future and get new ones back home. Got a hint from them that too many marriage permit holders are getting caught working on them so it is starting to affect all marriage visa holders, maybe higher requirements or they could let everyone work so they can take care of there family and tax them the same a chinese, tax anything after 3800 RMB. But who knows, something to keep an eye on during the next 5 years as I do feel it will change.
Englteachted:
I know here, lots of eastern Europeans were actively searching for girls to marry in order to get visas. They would even ask their 16 17 year old students. I wonder if this is blow back?
ironman510:
Aww, really? My god thats sick. Yeah there could be a hand full of reasons why they would be stricter when issuing marriage visa's...
Hotwater:
Good feedback Ironman, thanks. Feel sorry for the guy and his wife.
ironman510:
Me too, he left last Tuesday, he took his passport with an invite letter to the Chinese embassy with the help of a travel agent back home, we can only hope for the best.
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...
ironman510:
Yeah thats the way I understand too, if you got a marriage permit, than your working permit should have a red canceled stamp on it.
ironman510:
RE: HK visa run: Also will now need the authenticated doc's, that's why I said unless anyone has already gotten those things and 90% of us don't or have half of them done, than an HK run is useless without those authenticated docs.
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.
Shining_brow:
"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."
Seriously??? What's the Chinese logic behind this?? (I can understand the 'why', but not the justification - not that they need to... but at least back home, we can - eventually - be offered a reasonable explanation for a rejection).
Hotwater:
I try to keep on top of visa/resident permit issues Ironman and part of how I do that is reading forums and "expat" websites. What you've written about PAB's starting to refuse spousal resident permits for certain countries is the first I've read about this.
Where did your information come from?
ironman510:
Yeah, people from Cameroon are no longer allowed marriage visa's. AT least in Shenzhen, he was the first person with a perfect history and money in the bank to be refused a Marriage visa permit.
ironman510:
@Hotwater, As you know I've been here for 9 years, only in Shenzhen and people know how I and a few of my friends follow the visa stuff here, so people not only on websites ask me stuff, tell me stuff and ask for help with ideas, My friend here called me and asked what he did wrong with his marriage visa, I speak Chinese so I went with he and his wife to help and ask my PSB friend what was up, he couldn't directly say but he said because of where he is from he wasn't allowed to "renew" his marriage permit at this time. I asked does he have to go home and try? He didn't know.
Seems to me like they might and take note that I said "might" want us to leave after marriage permits are over in the future and get new ones back home. Got a hint from them that too many marriage permit holders are getting caught working on them so it is starting to affect all marriage visa holders, maybe higher requirements or they could let everyone work so they can take care of there family and tax them the same a chinese, tax anything after 3800 RMB. But who knows, something to keep an eye on during the next 5 years as I do feel it will change.
Englteachted:
I know here, lots of eastern Europeans were actively searching for girls to marry in order to get visas. They would even ask their 16 17 year old students. I wonder if this is blow back?
ironman510:
Aww, really? My god thats sick. Yeah there could be a hand full of reasons why they would be stricter when issuing marriage visa's...
Hotwater:
Good feedback Ironman, thanks. Feel sorry for the guy and his wife.
ironman510:
Me too, he left last Tuesday, he took his passport with an invite letter to the Chinese embassy with the help of a travel agent back home, we can only hope for the best.