13/03/2022
Despite the multitude of information on the internet, it can be extremely difficult discerning fact from fiction when it comes to Chinese visas. While rules change fairly regularly, the articles on official looking websites rarely do. Whatâs more, visa agents can often accomplish things that individuals cannot. To help you navigate these murky waters, weâve compiled a list of some of the most common China visa myths in a bid to separate fact from fiction. As always, enforcement of these rules varies, and everything here is subject to change. Go figure!
Myth: You can work on an F or L visa
This is one of the most common China visa myths. Many China employers who cannot procure proper work visas for their foreign employees will try and convince prospective hires that itâs perfectly fine to work on an F (business) visa, or promise to change an L (tourist) visa to a Z (work) visa and residence permit once theyâve started on the job.
Reality: It is illegal to work and receive a salary in China on any visa other than a Z visa with a proper residence permit. An F visa is intended for people who are temporarily in China on business, for a conference, or on a short stay at the request of their overseas company. If you are on a monthly salary and have a longterm contract within China, you should not be holding anything other than a Z with a residence permit.
Myth: Being married to a local means you can work in China
Reality: While being married to a Chinese citizen will grant you the ability to apply for a year-long visa, the initial visa type is usually still L (tourist), which means youâre not legally allowed to work. China is still a long way off giving foreign spouses automatic permanent residency.
In order to qualify for permanent residency by being married to a Chinese citizen, you must usually have lived in China as a tax payer with a residence permit and been married for at least five consecutive years. Even if you meet these requirements (and several others), the Chinese government still issues relatively few permanent residency cards. Most go to foreigners who have made big contributions to Chinese culture or the economy.
Myth: Children born in China to Chinese and foreign parents can have dual citizenship
Reality: China does not recognize dual citizenship. China considers all children born on Chinese soil to at least one Chinese parent to be Chinese citizens. Receiving a foreign passport technically changes nothing in the eyes of the Chinese government until that foreign passport is used for the first time.
When a person uses this foreign passport for the first time, they are considered to have renounced their Chinese citizenship. When this person comes back to China, therefore, theyâll need a Chinese visa, just like any other foreigner.
Myth: Z visas are the same as residence permits
Reality: Z visas allow you to get into China with the intention of working. Your Z visa will be converted to a residence permit only after youâve arrived in China, and only after this may you actually start work.
Many years ago, a residence permit was a separate booklet and therefore very clearly not the same as the visa. Nowadays, the residence permit is a sticker in your passport, which is perhaps how the confusion has arisen.
Myth: If I quit my job Iâll be blacklisted and unable to get a visa in the future
Reality: Thereâs little evidence that some sort of universal blacklist of China expats exists. While quitting your job may affect your reputation in your industry or city, it is unlikely youâll be barred from obtaining future China visas unless your employerâs connections run incredibly deep or you did something unlawful in the role.
When switching jobs you will, however, need a release letter from your previous employer stating that you are free to work for another company in order for the visa to be transferred. Be aware that if you left on bad terms, a company may try to withhold this letter out of spite.
It never pays to burn bridges in China, but if you find yourself in a situation where you are battling over a release letter, your best bet may be to exit the country and start the visa process over again from scratch. This is obviously a real headache, but thereâs no perfect solution when dealing with an uncooperative and vindictive former employer.
Myth: If I overstay my visa Iâll be arrested
Reality: Overstaying your visa usually just means a fine and (if youâre really unlucky) a swift deportation. You can be charged up to 500 RMB a day for a maximum of 30 days for this rather careless and unnecessary crime.
If you suddenly realize your visa is set to expire soon and you know you will not be able to leave the country in time, go to the entry/exit bureau of the city you are registered with and plead your case. The visa officers will often give you a short extension to give you time to get your affairs in order. If you realize you have already overstayed your visa, do the same or leave the country immediately, but expect to be hit with a fine and possibly deported if youâre not already leaving.
Myth: There are absolutes when it comes to the enforcement of visa laws in China
Reality: While itâs true that some China visa laws are pretty hard and fast, enforcement of others can be spotty. Two people in similar situations can end up with totally different results due to one personâs guanxi, the mood of a certain immigration officer on a certain day, the differences between provincial interpretations of the law, relations between the two countries, and recent policy changes passed down from central government.
Remember that nothing in China is absolute, so always be prepared in the event that your visa plans do not go as expected
