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Sign up with Google Sign up with FacebookQ: Is working on F visa legal if paid abroad?
I tried searching first because I'm sure I've read this somewhere before, but is it legal to be working in china on an F visa if you are never paid in China? For example paid in Hong Kong dollars into a Hong Kong bank account?
I have never done the likes, but an offer was recently made possibly worth considering to move on from teaching.
11 years 37 weeks ago in Visa & Legalities - China
I would imagine so. All you need to say is your on a business trip here.
Your question is if it is legal to work in China on a business visa if paid abroad. If you want to hear the technical answer, it will be no, it is not legal even if paid abroad, because the way Chinese define "work" includes working for no monetary compensation (for free). So, to be legal, if you do the "work" within China, makes no difference where you will get compensated for it, to be legal and worry free you will need to have a work visa.
Now, and I am not suggesting anything to you, just stating another fact. I do know of a case of a foreigner who comes to China to inspect and certify compliance to QC standards and manufacturing procedures on different factories for a company in USA. Practically, he is in China about 90 % of the time, and does have an apartment here and a Chinese wife. And has a 2 year multi entry business visa, and gets his pay deposited back home at a local bank. We have discussed this issue many times, and he continues to say he is not doing a thing wrong, and I do wish him good luck, because when he is caught, he will face problems. And all it takes is one Chinese person to tip the authorities to loose everything he has so carefully built.
For your information, and copied from the website of the Chinese Embassy in USA, below is their definition of business and work visas. No where in the business visa you will find the word "work", and no where in the work visa you will find "to do business".
A Business Visa (F Visa) is issued to a foreign citizen who is invited to China for a visit, research, lecture, to do or negotiate business, exchanges in the fields of science, technology or culture, advanced study, or internship for a period of no more than 6 months.
A Work Visa (Z Visa) is issued to a foreign citizen who comes to China for the purpose of commercial performances or academic exchanges, and to his/her accompanying spouse and minor children. A work visa is required for persons wanting to work in China, and their accompanying family members. It is also issued to aliens who come to China for commercial entertainment performance. It is only granted if you and the employer meet certain requirements. First, the organization must be accredited to employ foreigners. You must meet the requirements as a 'foreign expert' and the employer must obtain a certificate stating that you comply.
You have asked the question because you have doubts. It is your choice to play it safe or take a risk. I do hope you choose wisely.
it is very much possible to establish such a "construction" however it requires understanding from more sides than just yourself. say you setup everything carefully, and a police bust/inspection takes place at your office. every other foreigner is arrested.
- does your employer know of your particular construction?
- does your manager know of you and your employer's particular construction?
- will either stick to the construction in presence of police, or will they begin to blab about "he works here/for us/anything?
- in case either do stick to the construction and provide proof to back the construction - what about the receptionist down the hall? will she tell police you "worked there for x and x months" or will she refer to your construction as well?
basically, it is entirely possible to construct legal setups that "explain your presence" (to omit the term "work") within an office every day.
the danger is in the fact that not everybody who *should know*, *might know* what is setup exactly, and can present the evidence in presence of a police force. all you need is the word "work" to fall once and you're doomed. everybody must follow the legal construction only. no word "work".
pm me if you want to get deeper into this.