There are increasing reports of people
being deported from China each year. The reasons for this are several.
Some people deliberately attempt to stay in China, either by overstaying their visa or by working illegally while in the country as a tourist or student; others are more unfortunate, working under the belief that their visa and working conditions are legitimate when in fact they have been tricked by a fraudulent employer.
Basic
Visa Requirements
The requirements for a work visa in China
can seem complex at first. However, there are some rules of thumb that will
generally help you to know where you stand.
The two most common cases for obtaining a
Chinese work visa are:
·
Professionals with a bachelor
degree and at least two years of experience in their field of work
·
English teachers with a
bachelor degree and English teaching certificate (TEFL, TESOL, CELTA) from native English speaking countries. No prior
experience is required.
There are other ways in which a legitimate work visa can be obtained, but these methods apply to fewer people.
Known
Visa Scams
Each year new stories emerge about people
being enticed to work in China illegally. Many are told they can arrive on a
tourist visa and will have their work visa arranged later.
A recent major story in the news involved a
group of South African teachers who were deported in June 2018 for working
illegally. A spokesperson for the South
African government said that South African citizens are deported from China
almost daily.
It’s common for people to end up with what
they believe is a legitimate employment visa in their passport, when really it
was created fraudulently. Some people are aware of their dubious circumstances
but continue working anyway, feeling safe that their employers will deal with any
problems if they arise. Others are completely unaware of the circumstances
their employers have put them in.
There are several known cases of Chinese government officials swooping on schools and detaining teachers who were found to have improper employment credential, many of whom were working illegally. Some of the teachers were aware of their illegal situation; others had no idea, but they all had to go through the ordeal of the Chinese judicial system in the same way. In China, all illegal workers are treated the same.
Why
Do These Scams Happen?
These kinds of scams are almost entirely
exclusive to the English teaching circuit. The reason employers are so keen to
get people over, regardless of work visa, is because English teaching is in
such high demand.
There are endless English teaching
positions that are waiting to be filled. Obtaining a proper work visa can take
up to two months, but employers don’t want to wait that long. Many will attempt
to find ways to speed up the recruitment process for their own convenience,
without realising they are breaking the law. Other employers know what they are
getting into but are still willing to take the risk.
Upon being discovered committing these
acts, employers are usually fined by the government. The greater victims,
however, are employees. As well as being fined, there is usually a short detention before being deported.
Visa
Rules
One should also keep in mind the rules
which apply to those who are in China on a legitimate employment visa.
Most importantly, a person with an
employment visa can only work for the company with whom their visa is connected
to. It’s not possible to just quit and freely find a new employer.
Those wanting to move to work at a
different company must obtain an official release letter from their current
employer. The letter should state that the move is sanctioned, the employee is
free to leave, and should have the employer’s official company stamp.
It’s normally a simple process to obtain
this letter, however it can sometimes be problematic due to the fact that an
early departure from your job is a breach of contract (most contracts are 1
year). It’s important to read your employment contract thoroughly to see if
there is anything in the agreement that might prevent an amicable departure.
What
to Do If Your Employer Will Not Allow You to Leave?
If it isn’t possible to obtain a release
letter, one must instead forfeit their current visa and apply for a new one from
scratch. This usually means leaving the country and re-entering once the new
visa is arranged.
Common
Mistakes
Some employers claim or believe that they
can freely take on anyone who already has a work permit. Due to the reasons
explained above, this is not possible.
People who want to transfer to a new
company must obtain a release letter
from their current employer, or must surrender their old visa and start the
application process from the start.
As well as this, keep in mind that it isn’t
possible to transfer a work visa into a different industry or area of
expertise. There will be some cases where overlap or leeway is allowed but, for
example, a person working as an English teacher cannot easily transfer their
work permit to work as a software developer. In this situation, the current
visa should be terminated and the application process restarts from scratch.
Working
Part-Time
Another common form of illegal work is
part-time positions, usually taken by students or by people on employment visas
who want some extra income. This is illegal in most cases.
There are some local jurisdictions which
allow very specific forms of part time work, for example some Chinese cities
allow foreign university students to work for a small number of hours each
week.
In
Summary
The best advice is to just use common
sense. Don’t be lured in by employers with promises that seem too good to be
true, and especially do not trust
employers who claim that you can safely arrive with a tourist or student visa
and later exchange it for a work visa.
Another thing to note is that employers
should have the correct license to operate in their industry. For example, in
the education sector, companies must be licensed as an education company in
order to employ teachers.
At eChinaCareers, we screen employers for
correct business licenses and employment practises. We only post jobs by
approved employers, so your work and visa situation is guaranteed to be
legitimate.
Most importantly, you must ensure you have
the correct visa before entering the country. Don’t take your chances, period!
