2015 China Visa Requirements For Foreign Teachers & Expat Employees...

CFTU New member

Member since 12 January 2015

CFTUNew member29 January 2015 07:01:49

Don't get caught with the wrong visa or it will cost you an arrest, a $2,000 fine and a deportation friends. As of September of 2013, the visa requirements to work or teach in China have become quite strict. The enforcement of these visa laws has become even more strict. Gone are the days when you could work on a tourist or business visa (L and F visas) and just pay $1,000 to a PSB officer if you were caught. Today everything in China is by the book as we just saw in 2014 with over 1,500 expat teachers being arrested, jailed, fined, and then deported for working without a work visa (Z visa).

There are plenty of recruiters and visa agents who may talk you into working as an intern or tell you that L, F, and M visas are okay for working during your first "90 day probationary period". This is not true. The Chinese visa law specifically says that you MUST hold a Z visa to work even part time in China from your very first work day. There are no provisions to do otherwise without getting yourself classified as an "illegal alien". People still try but half of them get caught within three months.

So let's keep it simple here... to LEGALLY work in China, in any profession, you must land in China with a Z visa. If however you originally came to China as a student or a tourist and then decided you want to remain and work in China, you must leave China to apply for a Z visa outside of the country. Most people will fly to Hong Kong to meet this requirement.

To get the Z visa, you need to have your prospective employer send you an original invitation letter on their company letterhead that is signed, dated, and chopped (corporate seal) clearly stating that you are coming to China to work as a teacher on a ______mo/year contract and this letter should specifically request a "work visa".

Having said this, things change in China all the time, so if there are any changes we will update this thread. If you do not live within 100 miles of a Chinese embassy or consulate you may opt to use a visa agent, but caution is urged. Use only well known visa agents with a proven history and legitimate office address and website that is more than one year old. You can even ask the Chinese embassy or consulate "Do you accept applications through visa agent __________"

There are many other visas issued by China for cultural exchanges, business training, university students, etc. - even a new 10 year visa for American business people. This thread talk about the only acceptable visa needed to teach in China - the Z Visa.

If you doubt any of the above, just contact the nearest Chinese embassy or consulate or visit www.SAFEA.gov.cn

Manlin ViP

Member since 02 December 2009

ManlinViP29 January 2015 07:56:13

1073

And this update for short-term employment visas came into effect on 1 Jan 2015

Foreigners considered as having short-term employment in China are required to obtain short-term work certificates from the relevant authorities

Based on RenSheBuFa [2014] No. 78 (“Notice 78”), foreigners who perform one of the following activities in China for less than 90 days will be considered as having short-term employment in China and are required to obtain a short-term work certificate:

* Technical, R&D, management or consulting etc. supports/works for the cooperative entity in China
* Conducting training as requested by any sports association in China (including coaches and athletes)
* Film production (including advertisement and documentary)
* Fashion shows (including car model, plane advertisement etc.)
* Foreign commercial performance or shows
* Others activities as determined by the Human Resources and Social Security Department

Clarification on certain activities that are not considered as short-term employment in China

The notice clarifies that certain activities will not be considered involving short-term employment for foreigners if the duration is less than 90 days and they will only be required to obtain a business visa for their visits to China.

These activities include:

1 Providing maintenance, installation, testing, disassembly, coaching and training etc. to customers relating to sales of machine or equipment
2 Conducting coaching, inspection and investigation for the project in China
3 Performing short-term work activities for subsidiaries, branches or representative offices in China
4 Participating in sports events/tournament/games (including athletes, coaches, doctors, assistant and related staff)
5 Providing volunteer works in China without remuneration or remuneration is paid by overseas organization
6 Any performance/show that is not specified on the approval document by the in-charge Cultural Authority as “foreign commercial performance or show”

Notice 78 also clarifies that foreigners who perform activities 1 to 4 listed above on a short-term basis will be required to obtain a category M visa for their visits to China while a category F visa will be sufficient for those foreigners who will conduct activities 5 and 6 in China. Foreigners who will conduct activities listed above except items 4 and 6 for more than 90 days in China are required to go through the standard process to get the normal work authorization in China.

Application process for short-term employment of foreigners in China
Foreigners who are considered to have short-term employment in China will need to go through the following procedures with the required documents before they can carry out the approved activities in China:

Application of employment license and work certificate
Application of Letter of Invitation (“LOI”)
Application of single entry category Z visa
Application of work type residence permit
Foreigners with short-term employment will generally need to obtain an employment license and work certificate from the local Human Resources and Social Security Bureau. For those foreigners who will a conduct foreign cultural performance or show in China, the organizing unit will need to get approval from the local Cultural Bureau. The local Cultural Bureau shall, in accordance with the relevant regulations, provide feedback in 20 days upon accepting the application. Once it is approved, the wording of “foreign commercial performance” will be indicated on the approval document.

Foreigners who expect to work in China for less than 30 days can reside and work in China based on the valid period indicated on the work certificate and single category Z visa.

For those foreigners who will work in China for more than 30 days but less than 90 days, they should apply for a “90 days” work type residence permit from the local Public Security Bureau.

Source: http://www.ey.com/GL/en/Services/Tax/Hu … employment