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Q: Deportation. Urgent. Please help

Hi everyone.

I have a friend here in China who has overstayed her visa for nearly a year. She sent me a question about this and I told her what I know about the situation which is that if you overstay the maximum fine is 5000 yuan and you'll be put on some sort of blacklist and not be allowed back in for a given period. Is this still the case?

Also, she wants to go home and her agent has told her that if she surrenders she will face jail time. Imagine how this feels. Please, if any of you can let her know whether she'll be detained for a long period and where she ought to go to surrender then she'll be most appreciative. She's working as a nanny in Zhengzhou. I don't really trust the competency and professionalism of the Zhengzhou police and PSB, so if you could advise of the best way for her to get out of China and get home then you're doing me a big favour.

 

Thanks in advance.

6 years 47 weeks ago in  Visa & Legalities - China

 
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Oh man, your friend is deep in the shite.

 

I don't know much about this, never knew of anyone in this situation but I think I remember reading somewhere that the fine was 500 per day. If it was a few days or even a couple of weeks I could see them maybe being a little lenient but a year..

 

I doubt there is any way to just go home without facing the consequences so I think the best thing she could do would be to contact her embassy for whatever advice they can give about how best to face the music.

 

I wish I could offer a solution here.

 

 

loudvillager:

I couldn't believe it when she told me she'd overstayed for a year. She is a nanny and she told me her agent has had her passport for the whole time and has threatened that she'll go to jail if she tries to leave the country. I'll bet this happens all the time here.

6 years 47 weeks ago
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Englteachted:

Someone keeps your passport and you don't reach out to the police, embassy, your friend is feeding you BS

6 years 47 weeks ago
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loudvillager:

Hi Ted. I don't think she is telling me bullshit. There are lots of Filipina nannies who come over into the mainland for employment who are lied to and pressured into staying by Chinese agents. I've heard that they charge a lot of money to find nannies for rich families and then keep most of the money for themselves. I've spent more time talking to her and from the sound of things she will just have to bribe someone to get out. Frankly, the way she described her situation sounds very unfair and cruel to me. I guess some people in the world aren't as fortunate as I am with getting visas and not being screwed over too badly by unscrupulous cash hungry peasants. I can't help thinking this must be a common problem for some countries' embassy staff as well as the local police to have to deal with. I'm sure there are a few bucks being passed back and forward.

6 years 47 weeks ago
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iWolf:

Seriously, you think attempting to bribe an officer is the solution? Ha ha ha. You are having a laugh, right? At least she'll have company in prison. You'll be with her. After reading your replies 9n this thread, I'm more and more certain you are setting your self up for a scam. Has this been a long con or a short con? . Counting down until she asks to "lend" some money to get home. Please accept ridiculous bogus reason. Yes having your dick sucked by the nanny will help you to believe anything. I wonder which city she will try for the next grift. Do you think you are the only white knight about to be fleeced? Doubt it. I hate to break it to you since you sound like a decent guy.

6 years 47 weeks ago
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iWolf:

Oops!

6 years 47 weeks ago
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earthizen:

I agree with iwolf here, loudvillager. You are correct, Philippine, India, Sri Lanka produce tons of domrstic helpers with Philippine topping the list. When they suck all they can out of you, or see that you have waken up, that's the time they ask you to lend them money. What's next? Vaporisation! Yeah, the son is sick, father in hospital, nephew needs to go to Philippine military school.......Same for dalu mainlanders, no difference. They fish with multiple rods, btw. They have their own network. You are just another big fish. They are not as dumb as they want you to think. In this case, she needs to pay for what she gets. Do jail time if she really can't afford it, and learn to take responsibility for her own choice.  

6 years 47 weeks ago
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loudvillager:

I'm only asking about it. I haven't given any money or offered anything else. If she's a scammer she can sink with the rest of the turds, but if she's for real then I don't think it's too much to just ask what will happen when she turns herself in. As for getting blowies from a Filipino nanny: I'm not one to exercise the droit de seigneur as I'm a literate and educated person living in China, so I've got no seniority. If you're looking for someone to take advantage of, there is no shortage of brainless cashed up dickheads around here whose dads gave them a pile of money to blow at a western university before coming back to "earn" 6000 a month recruiting foreigners into schools while opening a hot pot restaurant with a Lambourghini in front of it and a wedding photography store run in partnership with a kindergarten playmate who drives a mustang.

6 years 47 weeks ago
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icnif77:

Nobody here can tell you 'what will happened when she turns herself in/try to exit China'.

 

People with such experiences aren't in China anymore, i.e. aren't posters on this Board. 

 

Lawyer is your best bet!

6 years 47 weeks ago
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earthizen:

As a good samaritan you did nothing wrong. The scammers are well versed with how to exploit good samaritans' sympathy. Telling the truth or lies (Indians and Sri Lankans take this to the master level), one universal phrase they like to use is, 'one look at you I know you are a good person', to flatter you and put you on a generous giving pedestal. The inner dialogue is, 'one look at you I know you are a big moron'.

 

When they start showing you their problems filled baskets, i.e. sales pitch, say to them, 'who doesn't have problems?'  Watch their shocked face, knowing you have seen through their tricks.

 

For the geuine ones, this 'orders' them to take responsibility and not wander around the wilderness looking for sympathy, making excuses, blaming the tools......all of which only gets them further stuck in the shit they find themselves in. 

 

6 years 47 weeks ago
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loudvillager:

@earthizen. I totally agree. Thanks for the advice. I'm pretty seasoned with the Mainlanders, but I'll keep what you've said in mind when I meet any Indians or Sri Lankans. Necessity is the mother of all invention and being unemployable and devious is going to compel some people to be pretty innovative with their bullshit artistry. I experienced this when a couple of monks in Shenzhen came up to me hawking those harlequin cards Buddha cards which so many people hang from their rear view mirrors here. They said, "give money, good lucky, good lucky." My response, "I want bad lucky, now piss offy!" I know Asia's full of scrounging, servile, opportunistic peasants who worship paper and a man with a big stick in an Italian suit posing in a Mussolini style and I'm accustomed to dealing with them. My experiences are always run to look back on when I go back to civilization to see my friends and family once a year. I'm sure it's the same for you. Regardless, I'm not going to let the general moral degeneracy of this place make me into a cynical cash hungry atomised bastard like a lot of the conspicuous consuming face monkeys I run into on a daily basis here.

6 years 47 weeks ago
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earthizen:

Loudvillager, these spiritual deadbeats TRULY don't know what they are doing. They are complete ignorants of higher truths. Food, sex, money and face (ego) obsession is all they have, en masse speaking of course.

 

I gave a con monk RMB 20 for a garbage Buddhist plastic card, and a plastic bead necklace, just to talk to this low life and find out WTF was going on in his messed up coconut, and how a human could sink so low. He was there the second time I visited the park (in Shenzhen) and tried a second time. I let him finished his script, then said to him, 'I gave you 20 last time'. The low life's face darken as he walked away.

 

These low lives all go out on holiday days like the past few days, hang around ALL major tourist attractions, from temples to mountains to Disneyland. So, beware. LOL, shapeshifters they are. If you want to see some real life shapeshifters after watching Wolverine china, india, sri lanka....are the places to go!!!

6 years 47 weeks ago
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6 years 47 weeks ago
 
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Oh man, your friend is deep in the shite.

 

I don't know much about this, never knew of anyone in this situation but I think I remember reading somewhere that the fine was 500 per day. If it was a few days or even a couple of weeks I could see them maybe being a little lenient but a year..

 

I doubt there is any way to just go home without facing the consequences so I think the best thing she could do would be to contact her embassy for whatever advice they can give about how best to face the music.

 

I wish I could offer a solution here.

 

 

loudvillager:

I couldn't believe it when she told me she'd overstayed for a year. She is a nanny and she told me her agent has had her passport for the whole time and has threatened that she'll go to jail if she tries to leave the country. I'll bet this happens all the time here.

6 years 47 weeks ago
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Englteachted:

Someone keeps your passport and you don't reach out to the police, embassy, your friend is feeding you BS

6 years 47 weeks ago
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loudvillager:

Hi Ted. I don't think she is telling me bullshit. There are lots of Filipina nannies who come over into the mainland for employment who are lied to and pressured into staying by Chinese agents. I've heard that they charge a lot of money to find nannies for rich families and then keep most of the money for themselves. I've spent more time talking to her and from the sound of things she will just have to bribe someone to get out. Frankly, the way she described her situation sounds very unfair and cruel to me. I guess some people in the world aren't as fortunate as I am with getting visas and not being screwed over too badly by unscrupulous cash hungry peasants. I can't help thinking this must be a common problem for some countries' embassy staff as well as the local police to have to deal with. I'm sure there are a few bucks being passed back and forward.

6 years 47 weeks ago
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iWolf:

Seriously, you think attempting to bribe an officer is the solution? Ha ha ha. You are having a laugh, right? At least she'll have company in prison. You'll be with her. After reading your replies 9n this thread, I'm more and more certain you are setting your self up for a scam. Has this been a long con or a short con? . Counting down until she asks to "lend" some money to get home. Please accept ridiculous bogus reason. Yes having your dick sucked by the nanny will help you to believe anything. I wonder which city she will try for the next grift. Do you think you are the only white knight about to be fleeced? Doubt it. I hate to break it to you since you sound like a decent guy.

6 years 47 weeks ago
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iWolf:

Oops!

6 years 47 weeks ago
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earthizen:

I agree with iwolf here, loudvillager. You are correct, Philippine, India, Sri Lanka produce tons of domrstic helpers with Philippine topping the list. When they suck all they can out of you, or see that you have waken up, that's the time they ask you to lend them money. What's next? Vaporisation! Yeah, the son is sick, father in hospital, nephew needs to go to Philippine military school.......Same for dalu mainlanders, no difference. They fish with multiple rods, btw. They have their own network. You are just another big fish. They are not as dumb as they want you to think. In this case, she needs to pay for what she gets. Do jail time if she really can't afford it, and learn to take responsibility for her own choice.  

6 years 47 weeks ago
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loudvillager:

I'm only asking about it. I haven't given any money or offered anything else. If she's a scammer she can sink with the rest of the turds, but if she's for real then I don't think it's too much to just ask what will happen when she turns herself in. As for getting blowies from a Filipino nanny: I'm not one to exercise the droit de seigneur as I'm a literate and educated person living in China, so I've got no seniority. If you're looking for someone to take advantage of, there is no shortage of brainless cashed up dickheads around here whose dads gave them a pile of money to blow at a western university before coming back to "earn" 6000 a month recruiting foreigners into schools while opening a hot pot restaurant with a Lambourghini in front of it and a wedding photography store run in partnership with a kindergarten playmate who drives a mustang.

6 years 47 weeks ago
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icnif77:

Nobody here can tell you 'what will happened when she turns herself in/try to exit China'.

 

People with such experiences aren't in China anymore, i.e. aren't posters on this Board. 

 

Lawyer is your best bet!

6 years 47 weeks ago
Report Abuse

earthizen:

As a good samaritan you did nothing wrong. The scammers are well versed with how to exploit good samaritans' sympathy. Telling the truth or lies (Indians and Sri Lankans take this to the master level), one universal phrase they like to use is, 'one look at you I know you are a good person', to flatter you and put you on a generous giving pedestal. The inner dialogue is, 'one look at you I know you are a big moron'.

 

When they start showing you their problems filled baskets, i.e. sales pitch, say to them, 'who doesn't have problems?'  Watch their shocked face, knowing you have seen through their tricks.

 

For the geuine ones, this 'orders' them to take responsibility and not wander around the wilderness looking for sympathy, making excuses, blaming the tools......all of which only gets them further stuck in the shit they find themselves in. 

 

6 years 47 weeks ago
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loudvillager:

@earthizen. I totally agree. Thanks for the advice. I'm pretty seasoned with the Mainlanders, but I'll keep what you've said in mind when I meet any Indians or Sri Lankans. Necessity is the mother of all invention and being unemployable and devious is going to compel some people to be pretty innovative with their bullshit artistry. I experienced this when a couple of monks in Shenzhen came up to me hawking those harlequin cards Buddha cards which so many people hang from their rear view mirrors here. They said, "give money, good lucky, good lucky." My response, "I want bad lucky, now piss offy!" I know Asia's full of scrounging, servile, opportunistic peasants who worship paper and a man with a big stick in an Italian suit posing in a Mussolini style and I'm accustomed to dealing with them. My experiences are always run to look back on when I go back to civilization to see my friends and family once a year. I'm sure it's the same for you. Regardless, I'm not going to let the general moral degeneracy of this place make me into a cynical cash hungry atomised bastard like a lot of the conspicuous consuming face monkeys I run into on a daily basis here.

6 years 47 weeks ago
Report Abuse

earthizen:

Loudvillager, these spiritual deadbeats TRULY don't know what they are doing. They are complete ignorants of higher truths. Food, sex, money and face (ego) obsession is all they have, en masse speaking of course.

 

I gave a con monk RMB 20 for a garbage Buddhist plastic card, and a plastic bead necklace, just to talk to this low life and find out WTF was going on in his messed up coconut, and how a human could sink so low. He was there the second time I visited the park (in Shenzhen) and tried a second time. I let him finished his script, then said to him, 'I gave you 20 last time'. The low life's face darken as he walked away.

 

These low lives all go out on holiday days like the past few days, hang around ALL major tourist attractions, from temples to mountains to Disneyland. So, beware. LOL, shapeshifters they are. If you want to see some real life shapeshifters after watching Wolverine china, india, sri lanka....are the places to go!!!

6 years 47 weeks ago
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6 years 47 weeks ago
 
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http://onestop.globaltimes.cn/overstaying-your-visa/

 

This one is 'H. Bricken, US attorney's blog' with 'Contact Us' on the top of the article. You might want to send your Q to the pro for an advice ... :

 

http://www.chinalawblog.com/2009/04/tips_for_avoiding_a_china_jail.html

 

Chodorow, US attorney at US&China Visa Law blog:

http://lawandborder.com/faq-new-china-visa-law/

 

Mandarin Cafe blog:

http://www.mandarin.cafe/blog/overstaying-your-visa-in-china

  

What happens if you overstay your VISA?

The law is pretty clear on what happens if you overstay in China. In the beginning, you will be given a warning. In more severe cases, a penalty of 500 CNY per day will be imposed (not to exceed 10.000 CNY). Sometimes, but not too often, illegal residents are detained between 5 to 15 days. The law in clear but is still vague about what “serious case” means.

If you wish to remain in the country more, and you have overstayed, you can make an application as soon as possible. You should also apologize for your error and promise it will not happen ever again.

If you have overstayed but you are still leaving China, you can just go to the airport or border and deal with it there. Sometimes you will have to pay the 500 CNY per day fine, but if you’ve overstayed only one day, you can leave without being charged anything.

The biggest problem with overstaying your visa is that you could be deported from China with no right of re-entry for the next 10 years. Therefore, the best thing you can do is to respect the period of your stay and exit the country before your visa becomes invalid.

 

Have a read/warnings and guides on 'how to ....', and use 'Contact Us' on every link.

loudvillager:

Hi. Thanks for your very helpful reply. She is not bothered about paying a fine or being banned from re-entry. She's not interested in coming back. Could you please just confirm for me what exactly will happen if she goes to an airport and tries to fly home? Will she be detained for 5 to 15 days or will she just be given the fine and told she can't come back?

6 years 47 weeks ago
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ironman510:

She will be detained, but for how nobody knows, depends on the officer. Good pay the fine and tell them your ready to do what ever, she can return after 5 years.

6 years 47 weeks ago
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icnif77:

As I know from personal experience (by overstaying for some 12h in 2010 or 11, because of plane delay at departure), Chinese police take overstay very serious. Chinese cops consider overstaying as disregard for their Laws. I was pulled over into their office in Luohu for some 2h sit-down, and I got warning as 'Don't do it again!'. Since then, I always exit at least 24h before the visa/RP expiration.

I would say she won't get free pass .... to board the plane, but 'Good luck!' with that!

I suggest, you send Q to lawyer on any of the web links I posted.

She could also contact her Embassy in Beijing for more info on what to do.

You could also try with email to ForeverBright Visa Agency in HK:

http://www.fbt-chinavisa.com.hk/services.html

6 years 47 weeks ago
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She will be locked up for at least 72 hours and fined not 5000 anymore but 10,000. If she agrees to pay her own ticket home and pays the fine she will avoid the 3 months of Max jail time, I take it she is from Philippines or Indonesia?

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I knew a clown a few years ago who did something equally stupid. He was Philipino and overstaued for a year then heard of "some guy" in Shenzhen who could sort out the issue and allow him to stay.
He went to Shenzhen and handed over his passport and a large wad of cash to Mr Fixzit. When he returned 2 days later at the appointed time the psb were waiting for him.
He was detained. Apparently, if you are detained waiting deportation you are not permitted to buy your own ticket. It took almost 6 months before his family could arrange everything and get him home.
China is more lenient than other countries in this regard considering how an overstay of that length is giving a big stink finger to the country. Basically taking thr piss.

Better get a bona fide immigration lawyer son, it better be a real good one. It may be the only way to keep her out of the can...may be.

Of course, you may be being set up as the rube and she's gonna score a nice little earner. Yeah, I'm cynical.

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Meanwhile, illegal immigration in the in the US continues to....

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I was an over stayer by 45 days I just got told not to do it again and had to pay 5000 rmb

Englteachted:

A long time ago

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As others have mentioned your friend is going to be liable for a 10,000 RMB fine and more than likely 15 days administrative detention. Then deportation and a 5-year ban.

 

Only suggestion I have is that she goes to the nearest police station and hands herself in. She needs to take the agents contact details with her if her passport is still being withheld so she can get that back.

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What part did the agent play in all this? Were they supposed to get her a visa?  She might be able to blame it on the agent...blah blah they took my passport, never got my visa or told me what was happening, can't speak Chinese so hard to get help etc.

 

It wouldn't be acceptable as an excuse because ignorance of the law usually isn't but it might help her cause a bit and maybe get a more lenient punishment.

Englteachted:

When you enter into an illegal agreement (signing up with an agent to work on a tourist visa) you have no legal recourse.

6 years 47 weeks ago
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Stiggs:

I agree, and if I were her I wouldn't expect any legal recourse but if it comes down to the discretion of whatever official handles it, as these things so often do, then maybe there is the chance that when they throw the book at her they won't beat her around the head with it first.

 

6 years 47 weeks ago
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loudvillager:

Hey guy. I really don't know. It's good of you to warn me of the possibility of getting scammed and I appreciated your concern and skepticism, but please don't worry. I'm not being suckered into anything dubious. She only asked me if I knew what would happen and I told her I can check formally, but because of China's attitude to the law being a kind of guidebook, I thought it would be better to ask here, just in case.

 

I think she's likely to end up in the crap, and I can't understand why anyone would trust some shady Chinese agent to do things properly in return for coming in on a tourist visa either. I played my part. I told her I'd ask. I asked. She messaged me today and said her friend will help her to get out in August. She said she'll go to Shanghai and turn herself in. Hopefully it all works out for her. All I can say is turning yourself in at a place like Shanghai is much smarter than dealing with the government officials in Henan. You can only see them between 11.40 and 12 before it's 3 hour nap time and 2 hours of blowing people off.

6 years 47 weeks ago
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icnif77:

Once (2010) it happened to me 'I was in illegal recourse by working with F' and I got full support of SAFEA.

I explained to them, that it was Helen's (placement agency in Hangzhou) decision on what kind of visa I will be working.

Nothing happened to me (not even bad record!) and Helen got 'laowai hire authorization' pulled as SAFEA agent told me.

Helen immediately set me up for new Z visa with HK's pick-up and I quit Helen after 2 months of working in Liaoning, because apartment didn't have teli ..... what was Contract breach.

I posted about it here in some of my earlier days at eTities. 

 

A bit different matter, but I think OP's friend has a chance if she sees PSB ASAP and tell her story.

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Shifu

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have her contact her embassy

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Shifu

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also never never give up your passport to anyone

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Shifu

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Either she goes to the PSB (probably the best thing for her to do), or there is another way.

Start walking. Eventually she'll have to get on a boat though. She can walk all the way to Vietnam. She should be able to cross the frontier as the are some holes in it. Then she can walk to Ho Chi men city and catch a Philippines fishing boat back home. you don't have to pay me for this advice. Buyt if you want an itinerary, that will cost you.

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Does the Philippines issue a new number when you get a new passport? or do they retain the old number?

 

I, like some of the others, have very little sympathy for this person. She knew she was overstaying... and for a year!!! That's not just simple forgetfulness.

 

The only chance she'll have is if she dobs in the agent (regardless of the threats that the agent might throw her way), so that the shady agents go down as well...

 

She might get away with say8ing that the agent had assured her she was legal, and all the right paperwork was done, but since he kept her passport, she had no way of knowing...

 

These scams happen all the time... if she's lucky, the PSB will acknowledge it.

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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