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Q: How long can one go by with a working visa before obtaining a residence permit?
I hold a Z visa but my employer hasn't received my Employee's Card yet. The Foreign Expert Bureau or whatever it's called, is taking forever to process it. It's only done in the capital of the province, and I live and work elsewhere. My collegue said earlier today that she had called them repeatedly but no one answered the phone for the last two days. It's been already 3 weeks since I entered China. Even though there is no mention of duration of stay, I am aware of the fact that it is only valid for a month. My question being what happens if I can't apply for Residence Permit on time? Get fined?Regardless how I did everything by the book, my application gets rejected? I get deported, what? Yes I asked my employer, and my collegues they have no clue.
11 years 39 weeks ago in Visa & Legalities - China
First, working without a work permit is illegal. 1 day, or 100 days, it is illegal.
Second, it is very likely that your company is lying to you. This type of thing happens all the time in China. Your employer may not even have the right to hire foreign employees. And if you get caught working illegally, it is all on you and not your employer.
If you overstay your visa, the fine is 500 RMB per day up to 10,000 RMB. And it can possibly get you banned from China for up to 10 years.
I would keep on top of your boss and keep nagging them until it is done. It is your butt that is on the line here and no one is going to care about what happens to you if things don't work. I know that sounds mean, but here it is the truth.
penthesilea:
I have a work permit alright. Without that I couldn't have gotten my Z visa in the first place. What I don't have is the employee's card. Thanks for taking the time to answer.
Xpat.John:
I apologize if I misunderstood your question. After working in this country for 6 years, I have never seen an "employee card". I have had work permits and residence visas, but I am not fully understanding your question. Hopefully someone else here has more knowledge about your situation than I do.
penthesilea:
I was referring to that passport shaped little booklet, I don't have that one.
cooter:
The "passport shaped little booklet" is called the Foreign Expert's License, issued by the Foreign Experts Bureau. And yes, you need that before you can apply for the residence permit.
Chaching:
I'm confused about what you are calling a "work permit." Foreign teachers get a "Foreign Expert Certificate" and other forms of employment usually get what is called an "Alien Employment Permit." I currently have an AEP, before that I had an FEC. Both look like a passport book. What the hell is an employee card? Sounds F*cked up to me. You should go down to the bureau yourself and check the status. If you are legitimately waiting on the government to process your paper work, then I would imagine that you would be ok when you go to apply for your resident permit. You entered the country legally, so you could apply for a temporary L Visa while you're waiting for the FEC. I lost my passport and FEC while in China and I had to get a temporary L Visa while I was waiting for my other paperwork. I used the L Visa along with a letter from the PSB to continue working legally while they were processing my new FEC and resident permit. I'm sure if your employer legitimately submitted the paperwork, then there is a government process for allowing you to apply for your resident permit. It may involve another visa or they might just push it through, not sure. You're in their system, so I imagine you're ok.
According to the letter of the Law, once you enter China, you have 15 days to apply for your Foreign Expert Certificate, get your physical examination and also apply for your Work Permit at the Labor Bureau. Then, it is PSB time, and the Residence Permit after you get the Registration Form of Temporary Residence for Visitors from a local Police Station closest to your residence, for this you have 30 days from entering China.
Now Penthesilea, are you sure you have a Work Permit ? Your statement that you got it first to get your Z visa second makes me think you may be confused, since a work permit is not issued unless you are in China, have a work visa, the FEC and pass a physical exam.
If you are so worried, find someone to translate for you and go to your local PSB and explain to them that as soon as you get all documents from other Chinese Officials you will apply for residence permit, maybe get forms to start filling them out.
Expat John gave you good advise and information, and his tip on employers not having the permit to hire foreigners is a common one here, be aware of it.
penthesilea:
You see I have a valid, standart z visa. I went back to my country of origin in June and did everything by the book to get one. Yes my employer is allowed to hire foreign experts, no doubt about that. I presented the necessary copies of the licence to the Embassy back there myself. What I do not have is that little booklet, and I was told that without it I would not be eligible to apply for a Residence Permit. It hasn't come out yet and I am worried to death right now.
Xpat.John:
I believe that little book, is the work permit. I am sure that Happy will correct me if I am wrong, but a Z visa is not a work visa. It only allows you to be in China (for a short time normally) to perform business meetings, research and such. It does not allow you to be a paid employee. (At least that is my limited understanding.)
The residence visa can be applied for after you get your work permit. If you do not get your work permit before you business visa expires, you can go to the local PSB and seek an extension. But whatever you do, don't tell them that you are working for a company in China. If you do that, then you might get in trouble.
HappyExPat:
John, the work visa is referred to by Chinese Officials as a "Z" visa. The trick only a few really understand is that it only allows you to enter China for the purpose of working, it does not allows you to actually work. Must get the FEC, heath exam results, work permit and residence permit all within 30 days of arriving to be able to start working legally.(/p) The business visa is called the "F" visa, normally good for one entry, 30 days, but it can be obtained with 2 or multiple entries, up to 6 months stay. and it can be extended for up to one year when it expires at PSB, after that you must leave China and apply for a new one.
penthesilea:
I have only a week left to apply. What is the best course of action for me to take right now? I mean there are too many things on the line here. Could you give me a piece of advice other than to keep nagging my employer. I haven't stopped doing that since I arrived. What are the chances of the people at the PSB being sympathetic towards my situation? All the added delay wasn't caused by me but do I really have a case here, can I really get an extension?
Chaching:
Happy is absolutely right. If you look at your Z visa, it specifically says "000" under number of entries or duration of stay (can't remember, lost my old visa). In addition, the day you enter China, they are suppose to stamp your Z visa with a big red stamp that says, "cancelled." They give you 30 days to get squared away with the resident permit. Another expat friend explained it this way to me, he said, "the Z Visa does nothing for you except allow you to enter the front door of China. It's the key to the front door, but just because you have a key doesn't mean you have a right to stay. However, the resident permit allows you to stay in China. It is the "renter's lease agreement" that gives you permission to stay. The FEC (work permit) allows you the right to work in China. So you need three things. The keys, the lease, and the license to work. One without the other and you're on a plane back home.
I can tell you what I will do in your shoes, and hope it does make sense to you.
1.- First of all, relax, you are not gravely ill with a terminal disease. Sit down, take a few deep breath, have a drink, and dump all of that stress, which will not help you at all except to give you ulcers.
2.- I would also find myself a translator to be able to communicate, and with the translator go and visit the Labor Bureau and find out the status of the work permit by yourself, not depending on what others say. There, explain to them your situation, and if they can not make it fast, maybe then will give you a paper stating when it will be ready.
3.- with the translator, i would go to PSB, Entry and Exit Bureau, and explain you are waiting for the work permit to request the residence permit. ask them, since you want to comply with the Law, if they will give you the form to fill to start the process, and whenever you have the work permit you will bring it over, or if they will grant you an extension of time to submit the required paperwork.
A word of caution. Chinese really do not know how to do an interpreting asignement. They do not limit themselves to translate back and forth, they all discuss the problem in Mandarin, reach agreements, and all you know is at the end when they tell you how they resolved the problem. Maybe you are OK with this, many times I am not, because I do disagree with solution found. I still have not found one that will just translate, and not become part of the conversation, leaving me totally out of it.
Good luck to you.
penthesilea:
It was resolved yesterday at the last minute. I just wanted to thank you for your advice. It was rather helpful.
