The Unfortunate Consequences of Working on an F Visa
By Brian_Rapido on Wed, 2009-05-06 20:25
There are those in China who will promise you the world if you come here on a tourist (L) or investment/business (F) visa.
They'll promise a decentish salary, a nice apartment, interesting work, a competitive bonus.
And they're probably all bogus, at some point or another.
In China you're not allowed to work under an L or an F visa. And that means you have little to no recourse if you're treated badly or get into trouble. And trouble will likely come.
By working for a middleman on a F visa they've found an employer and to collect their fee they need someone to work for them. Then they pay you. Often their client does not have the official authorisation to employ you anyway.
If the end-employer decides at any point they don't want you, and the middle man can't find somewhere else to put you (and earn him a sufficient fee) you'll have problems and no recourse, you might get the apartment taken away without notice, you'll certainly not get paid any more. And no way to go to the authorities because you're working illegally.
When bonus time comes it's unlikely it'll be paid (at least, by a professional churn-burn middleman, as it probably never existed) unless the employer likes you, or feels they have sufficient further use for you. And they may use any excuse to get rid of you. And that may include quite vivious lies and/or threats that could get you into trouble, it's easy for a professional con-man to wash any association with you - a fake name, email address and unregistered mobile phone number are all that are needed.
So why on earth do people work on L and/or F visas? Your Z visa should be arranged and fully sponsored before you arrive, it's been written a thousand times before, but it's nice to vent.
Edit by Alex: Brian, I've added a picture, OK?
Image: 'visa run: night crossing' copyright graeme nicol http://www.flickr.com/photos/slavers/1100614915/ used on htp://DalianDalian.com with permission.
The Unfortunate Consequences of Working on an F Visa
Brain,
You so rock for posting this. I wish someone had told me this when I first came to China.
I can not even tell you how many schools offered me a job promissing that an L or F Visa would be just fine and "not to worry about it". I wound up in a terrible financial bind a while back due to this very popular lie that so many schools tell.
Thanks. A friend got into an
Thanks.
A friend got into an issue, needed venting, if it helps someone somewhere it's worth writing.
Because beans.
Crucial
It needs to be said. And needs to be said often. Thanks for letting people know or reminding people of the problems that can accompany a less than legal status.
"So why on earth do people
"So why on earth do people work on L and/or F visas?"
Because the reward outweighs the risk. Visas SHOULD be arranged for before you arrive. Otherwise you have to return home to apply for the Z visa that lets you get the work permit. Reality is the majority of English schools have neither the budget nor the ability to interview instructors outside of China. The best way for most people to be hired as an instructor is to look for a position while in China, better yet while in the area of a school that is looking to hire someone. If you are standing in the school it's going to be a lot easier to determine if the operation is legit or not, the quality of the housing, the nature of the surrounding area, than when you are on the far side of a 16 hour flight.
And once you are hired... well who wants to spend the cash for another round-trip ticket back home to get the Z visa when the school is perfectly happy to hire you on an L and the PSB pretty much ignores the fact that you are working without a permit? Strict enforcement of the visa rules would result in most schools having to shut down (looks bad) or significantly raise prices (looks bad, students complain, remaining teachers start demanding RMB600/hour instead of RMB200/hour).
I know lots of people working on L and F visas. I don't know anyone who uses a middleman, as they were all hired directly by the school after coming to China. In fact, I'd say you are more likely to meet up with a dodgy middleman when you go the legal route-- as said above, the majority of local schools are not set up for international recruitment but there are plenty of agents serving as middleman who will be happy to fleece both the prospective employee and employer.
In Shanghai at least, if a school starts stiffing teachers on pay word gets around fast. I'd imagine in places with a smaller expat community word gets around instantly.
A simple change to the law is needed: Allow applicants to apply for a Z visa without requiring they leave China. As it is of the 4 teachers I know who work here legally, 3 of them have work permits that were sponsored by local businesses in exchange for a hong bao.
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