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anonymous
Q: Getting a work visa with arrest record
Hi All,
Hoping you guys can help me out with a situation I am having. I am currently in the interview process for a job that would require me to make frequent business trips to China, most likely with an "M" visa. With as far as I am in the interview process, I figure that it is time to tell them about my arrest record.
Before I tell the company about my conviction history, I want to assure them that I can still perform the required duties of the job in spite of them. So far, unfortunately, I have not found that this is the case.
The job would have me spending some time working in China, likely under an "M" visa, but possibly under a "F", "Z", or "R" visa. In the application for these visas, I will have to declare my conviction to then be scrutinized by the Chinese Embassy. From what I have been reading, even if I declare my conviction,(misdemeanor- resisting arrest) I am likely to get the visa. (let me know if you think otherwise)
The part that is a little more unclear for me was whether or not I will be asked to submit a "Certificate of No Criminal Convictions" with my visa application. It looks like some cities, like Beijing, require it, while others do not. Whether Shanghai asks, seems unclear. From what I have read online, even if I have a slightly tarnished CNCC, I am still likely to get the visa as long as the crimes are minor, and I am not under "direct court supervision." Currently, I am on informal probation, and don't know how this would show up on the CNCC, or how the Chinese Embassy would interpret it.
My questions are this:
1) Will I be asked to provide a CNCC, given my conviction history? (I will be applying for Shanghai)2) Assuming I am asked to provide a CNCC, what is my chance of getting the Visa? Will they see my active informal probation and if so, how will they interpret that along with my conviction?
3) What shows up on the CNCC? Is it just convictions, or arrests too?
4) Assuming I am not asked to provide a CNCC, How likely is it that I will get my visa? I plan to declare on the application itself, regardless.
5) It looks like for an "R" visa, a CNCC is not required. Is this true? Are there any other exceptions?
I plan to tell them only about my conviction, a resisting arrest charge I got in 2011, for running when a police officer told me to stop.
I'm an American citizen if that helps.
Thanks in advance for all the Advise!
-B
11 years 6 days ago in Visa & Legalities - Shanghai
What's with the wide variety of visas you 'may' require? If you are not living and working in China then you would only need a business visa.
b_unruhly:
I just don't know what they will have me get- I don't have the job yet. Like I said it will be most likely the "m" work visa.
If you're an American you'll need to provide a FBI record. If you're trying to get a Z visa then you'll need a FBI record.
M visa will be different..
If you're doing work stuff in this country (though, some regions more so than others - SH is one of them!), you will need to provide that criminal history check! It does not matter if you've convictions or not (after all, who'd know until you showed it? Mine just says I have no unspent convictions...).
While I don't know what the FBI one will show, the Aussie one just has unspent convictions - not arrests. Basically, it doesn't matter if you've been arrested or not - it matters if you were convicted! After all, lots of people get arrested, and later found innocent (or charges dropped, or whatever). It'd be seriously unfair to have a civilisation which based employability (and other things) on whether you were merely accused, wouldn't it??
A couple of other things to consider... guanxi trumps all*! If the company has it, and they want you - you'll get your visa!!! *= except money... and if they have that, and they want you, you'll get your visa!
Secondly, if China really does want to 'get rid of the foreign riff-raff', then no, anything like a conviction will automatically get rejected.
In the end, it may well just come down to which officer (bureaucrat) gets the application on the day! (and their mood!!)
If you have issues with authority - then China is definitely not the place you want to come to! Either I was drunk, or your post previously contained references to underage drinking and public intoxication...another warning sign that China is not the place to be if you want to get back on the right path.
The question is, who will pay you? Will you recieve all salary to your bank back home? Or will a chinese company pay you a salary while you are here?
If you dont receive a salary in china then its a business trip and a business visa is fine and you dont need to declare anything.
Different countries have different protocols i guess but im canadian and have never been asked for an arrest record.
I've watched a YouTube video of an American teacher who was talking about the Z visa process and she mentionned that you can ask a criminal record from any state you move to in the US.
so maybe you have a chance to get a clear criminal record that way... explore this option.
Another option would be to check the procedure to clear your criminal record. There are some cases where you can request this.
Stiggs:
The question is three years old dude, I reckon the anonymous poster is probably long finished with the interview process by now.
