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Q: Five year work visa situation

 

Hi forum users,

 

I have a query about this whole new visa policy which took place this year and would like your input on my existing situation.  I have been on a Z work visa for a few years and once I hit the five year mark I will have to return back to my country. 

 

Due to settling down in China and actually making a nice home for myself, I do not want to depart but feel I have no choice as my local PSB has confirmed I must leave once I have done five years and can return after 12 months away.  However I have a thought which might mean nothing or it could be a way staying in China legally, after a 5 year work visa I am considering moving to another province and instead of being employed, study instead on an X visa which I believe is a student visa.  Now I am not sure of this is a good idea or a terrible one but I have more to lose by leaving my job, home, friends etc for 12 months then returning as a lot can happen and change in 12 months time.  A friend has offered a solution which is to get married to a Chinese national but that for me is a no no, I cannot marry for the sake of staying in China, and personally morally it is totally the wrong reason for me to stay.

 

So I am on this forum to get insight, advice or any suggestions from fellow expats, Chinese or anyone who can shed any light on this situation and would appreciate genuine advice.

6 years 3 weeks ago in  Visa & Legalities - China

 
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@ Iron man who are you calling a fool!  You should be careful with your attitude and rash judgements.     Foolish people are the ones who have limited small thinking.  Those who think their lives and families lives revolve around one particular place, one particular industry or career.    Yes,  you can call me a fool I dont mind but I know that I am not limited and neither is anybody else.    Everybody has choices.   Life does not end if a person choose or can not live or work in China anymore.     Just like you I am also married to a Chinese person and I have family also, her family but unlike you I think bigger and dont limit myself nor live in constant fear.     You better be careful who you call a fool.    God might allow somebody out there to humble you.      Have a nice life.

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6 years 3 weeks ago
 
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What field are you in? According to Guangzhou's standards, this rule only applies to techies and not others. Usually, the 5-year rule is only brought up for people that they want to get rid of (as in the school, not the local gov't and they don't really give a crap). Was it "really" the local PSB who told you (personally) that or hearsay? 

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6 years 3 weeks ago
 
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they enforce the five year rule in shandong for the same school for five years but if you changed schools, you can stay longer, shandong pay is not so good but i know 3 schools that could hire you and get you a visa.

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6 years 3 weeks ago
 
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Strange in Shenzhen, I've been working for the same school for 7 years and in a row, never left. And I just renewed my visa in July, never heard of this problem nor was I told to leave..

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It appears their is such a rule, it has something to do with a tax break. Whatever the relationship is to that.

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6 years 3 weeks ago
 
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I've heard of the five year rule, but it is not always enforced. It depends how much guangxi your school/employer has with the PSB.

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6 years 3 weeks ago
 
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in my opinion , five years are enough , you should go to a better country than china , and descouver another world , or marry a chinesegirl !

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6 years 3 weeks ago
 
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Strange, I know people who have been here over 10 years on a z visa and have no problem.

 

i think you have been told wrong.

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@ Iron man who are you calling a fool!  You should be careful with your attitude and rash judgements.     Foolish people are the ones who have limited small thinking.  Those who think their lives and families lives revolve around one particular place, one particular industry or career.    Yes,  you can call me a fool I dont mind but I know that I am not limited and neither is anybody else.    Everybody has choices.   Life does not end if a person choose or can not live or work in China anymore.     Just like you I am also married to a Chinese person and I have family also, her family but unlike you I think bigger and dont limit myself nor live in constant fear.     You better be careful who you call a fool.    God might allow somebody out there to humble you.      Have a nice life.

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6 years 3 weeks ago
 
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Now That we're done reading doubleaa fool reply.  My wife found out that sad but true, yes the 5 year law is back in full swing 2013 July 1st.. I got the Chinese and I will translate it:

 

 

 

国家外国专家局、财政部外国

文教专家工资和生活待遇管理办法

第十九条
外国文教专家连续在华工作一般不得超过五年,再次应聘来华工作须在两年以后。

State Administration of Foreign Experts Affairs, Foreign Ministry

Cultural and educational experts wages and living conditions management approach

Article XIX
Continuous foreign experts working in China generally not exceed five years, once again required candidates to work in China after two years.

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6 years 3 weeks ago
 
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Another girl who has this problem got a really go reply that might shine some light on the 5 year rule:

 

在中国居住了五年后,你将所有收入(工资,投资收益,特许权使用费,租金等),不论它的来源或支付欠税。你会欠个人所得税在所有世界各地的收入。现在你只欠个人所得税收入来自中国或中国实体支付。
After residing in China for five years, you will owe tax on all income (wages, investment income, royalties, rents etc) regardless of it's source or from where it was paid.  You will owe IIT on all world wide income.  Now you only owe IIT on income sourced from China or paid by a China entity.

 

So only god knows how much a person would with the common standard salary of teaching at let's say: oh Y12,000 x 5 years = what in Taxes owed?  Anyone good at tax math..

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After an individual resides in China for five years, in the sixth year, if the individual resides in China for less than a year, the five year period is reset and the “90 (183) day rule” applies again. This means that you only need to pay tax on China-sourced income, and whether or not you need to pay tax on income paid by employers outside of China depends on whether you were in China for less than 183 days or more than 183 days. If you reside in China for one year during your sixth year, you will need to pay IIT on your salaries and wages derived both from China and outside of China, regardless of place of payment.

After an individual resides in China for five years, in the sixth year, if the individual resides in China for less than a year, the five year period is reset and the “90 (183) day rule” applies again. This means that you only need to pay tax on China-sourced income, and whether or not you need to pay tax on income paid by employers outside of China depends on whether you were in China for less than 183 days or more than 183 days. If you reside in China for one year during your sixth year, you will need to pay IIT on your salaries and wages derived both from China and outside of China, regardless of place of payment. - See more at: http://www.china-briefing.com/news/2013/01/14/china-expat-tax-filing-and... an individual resides in China for five years, in the sixth year, if the individual resides in China for less than a year, the five year period is reset and the “90 (183) day rule” applies again. This means that you only need to pay tax on China-sourced income, and whether or not you need to pay tax on income paid by employers outside of China depends on whether you were in China for less than 183 days or more than 183 days. If you reside in China for one year during your sixth year, you will need to pay IIT on your salaries and wages derived both from China and outside of China, regardless of place of payment. - See more at: http://www.china-briefing.com/news/2013/01/14/china-expat-tax-filing-and... an individual resides in China for five years, in the sixth year, if the individual resides in China for less than a year, the five year period is reset and the “90 (183) day rule” applies again. This means that you only need to pay tax on China-sourced income, and whether or not you need to pay tax on income paid by employers outside of China depends on whether you were in China for less than 183 days or more than 183 days. If you reside in China for one year during your sixth year, you will need to pay IIT on your salaries and wages derived both from China and outside of China, regardless of place of payment. - See more at: http://www.china-briefing.com/news/2013/01/14/china-expat-tax-filing-and...

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6 years 3 weeks ago
 
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5-Year Rule for China Foreign Teachers

Postby smjohnson5 » Sun Jun 03, 2012 5:54 pm

In 2013, I'll complete my fourth year teaching English in China.

I've heard that the maximum number of years that foreign teachers are allowed to work in China is five years. Then, they must leave for two years before they can return. Is this true? Is this regulation enforced? I can't find reliable information about it, so thanks in advance for any guidance.

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TopRe: 5-Year Rule for China Foreign Teachers

Postby Dr. Greg » Sun Jun 03, 2012 9:47 pm

Technically speaking, there is in fact a 5-year rule on the books, i.e., a regulation that requires foreign teachers to leave China after five continuous years of employment.

We address this regulation, as well as the general role of law in China, in an article I strongly recommend that you take a careful look at: SAFEA, Foreign Teachers, and Chinese Boxes. Basically, all such rules in China are only irregularly enforced and when they are enforced, they are being used to give face to foreign employees who are otherwise no longer wanted, i.e., as a rationalization.

My advice is for you to speak directly and honestly with your current FAO or school owner (whichever applies). Simply say that you’ve heard about such a rule and you were wondering if it is in effect in your province or city. If the Chinese official replies that he or she has never heard of such a rule, then you shouldn’t worry about it.

The bottom-line is this: if your school officials have any guanxi (clout) at all with the local government and they want to retain you, then it truly doesn’t matter whether the rule is in effect or not. Conversely, if they don’t want to retain you, they may call into effect this or any other “rule” they can think of to justify the termination.

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Location: Abu Dhabi, UAE

 

http://middlekingdomlife.com/employment/5-year-rule-for-china-foreign-teachers-t490.html

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6 years 3 weeks ago
 
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6 years 3 weeks ago
 
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this is China: If they want you here: The Chinese will make sure you can stay.  I they don't want you here. Bye Bye.  Not even the Chinese know for sure. I am hoping I can get a D visa and work. after this year I will be able to work one more year according to this 5 year rule.   

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6 years 3 weeks ago
 
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Very simple, in that 12 months, get a M (business visa) and still stay in China do some business for a while ( even cooperation in a job, but under the business aspect) and after that change it in work visa again for another 5 years.  If you just NOW got the 5 years visa,  please do not think NOW what will be over 5 years here !!! China law visa is changed as often as you change your shoes here always ! Good luck !

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6 years 3 weeks ago
 
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Fortunately, I came back September 2012 after a few months in Britain.  SO, I am good until Sept '17, if I want to be medically sectioned when I go home for good in 2017, if I last that long Wink

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It's a joke, ftr.

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6 years 3 weeks ago
 
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Thank you all for your encouraging replies it has helped put my mind at rest and not to over think the situation too much.  To respond to some of the questions, yes I work in the teaching sector and have been employed by the same employer for the last few years. 

It could b possible be that the company I work for wouldn't want to keep me on after 5 years so this visa rule could give them a reason to let me go which would be fair enough because I have had a good yet challenging run for a first time traveler and am grateful for the opportunity.  Personally I would like to continue working for the same company and as some of you have mentioned I should talk with the Director of the company and explain how I feel and take it from there, I suppose I got stressed out because just when finally my life seemed to be gradually picking up the prospect of leaving and starting all over again is daunting.  Anyway thank you all and keep the posts coming, it's better to have insight on China's visa rules which chop and change at the drop of a hat.

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6 years 2 weeks ago
 
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For Shenzhen Expert workers, my wife found out today that in the 33 of Shenzhen's booming city that the 5 year rule has never been used and is not  planned to be used. If you have a criminal record in China then you might be asked to leave..

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6 years 2 weeks ago
 
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@ Ironman you definitely hit the nail on the head it terms of me finding security in China.  Before China I wasn't in a great place and my intentions about moving to China were initially to work for a year and perhaps return back home, as it gave me ample time to clear my head.  But life has a funny way of working out, I became very dedicated working for the company and it has taken years for it to show , I know some people may mock English teachers but I have met some amazing individuals who make great teachers, I am not saying I am one of them but I know that hard work and gratitude goes a long way.   Either way once I find out about my visa situation I will post it here and will continue to update any rule changes.

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6 years 2 weeks ago
 
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