Know the rules to avoid visa problems

Richard Gathigi, a graduate from Jomo Kenyatta University of Agriculture and Technology in Kenya, has long dreamed of working in China but now finds himself unprotected after being conned by an agent in Africa.

Being unaware of the procedure needed to apply for a work visa in China, Gathigi paid a large sum of money to a recruitment agent in Nairobi and came to Guangzhou on a short-term visitor's visa. He now has to leave the country each month and renew his visa before re-entering China.

Gathigi had no idea of the difference between different types of visas and believed that when he arrived in China and started working, the agent and his employer would help him extend his visa.

He also found that the job he was promised, teaching English, did not exist.

Such a situation is avoidable if job candidates familiarize themselves with the laws and regulations released by Ministry of Justice on employment issues.

"If you are considering coming to China to work, a carefully thought-out plan for getting a work visa and job application are a must before you pack," said Shang Weidong, a senior consultant with jobsitechina.com, a recruitment website for expatriates.

"It is also important to make sure that the employer is able to sponsor a work visa," he said.

The regulations make clear the formalities and types of visa needed for different job categories.

Foreigners seeking employment need to have an employment visa before entering China. Foreigners applying for ordinary jobs in China need to apply for a Z visa. Foreigners with highly desired skills, who are specialists or who are urgently needed can apply for an R visa. After entering China, all foreigners must also apply for a foreign employment permit and foreigner residence permit before they start work.

"Some applicants attempt to enter China and start working on short-term visitor visas, and this exposes them, and their employer, to risk," Shang said.

Foreigners who violate administrative regulations face harsh penalties.

For foreigners and employers who forge, alter, falsely use, transfer, buy or sell employment permits and employment licenses, the labor administrative authorities will impose a fine of between 10,000 yuan ($1,544) and 100,000 yuan. In serious cases that constitute a crime, the criminal responsibility of the perpetrators will be investigated by the judicial authorities, the regulations stipulate.

"I can understand that young foreigners, especially those who have just finished their studies in China, really want to stay and get a job soon after graduation," said Yann Boquillod, a longtime Beijing resident who has experience in hiring foreign employees at Air Visual, a startup that focuses on monitoring air quality data. "Although the government has made travel and working in China easier than it used to be, it is still not easy to qualify for a work visa. For job candidates with a degree from China, they usually have to go back to their home countries, get two year's experience, and then come back.

"In any case, it is essential to learn the rules and conditions that need to be met, for both employers and job candidates, if they have a long-term goal for career development in a foreign country," he said.

wangyanfei@chinadaily.com.cn

(China Daily 12/29/2015 page5)