Work PERMIT DENIED!, what options do I have?

[conduit]

I came to Shanghai on L visa (currently on 1st 30 day extension with 10 days left). Im an american.

I've found a company willing to hire me here and they started the hiring process with VISA.

They've submitted the right forms was I was informed that I was denied for two reasons.

1. I dont have 2 years of experience After my diploma (may 2008). but over 5+ before the diploma.

2. My field should have enough specialists in China (IT).

They've also said that my documents are now on file (electronically).

What options do I have for staying in China and working in China?

some more info:

This is in Shanghai.

Company is willing to support me through visa process.

I've called an agent and they have replied with two different answers.

1st call: Because the file is on record, they are NOT able to update the CV or do much.

2nd call: I should be able to get it approved if we try under different company (sister company etc.) in two weeks.

Another concern is that I have about 40 days of visa stay available after I get my 2nd L visa extension. And with the national holiday, two weeks out of that wont be used for processing time.

We're even thinking about getting a student visa if all fails but I don't know the process or the time it will take.

Sorry about the long post, but I wanted to get all the information.

If anyone was in similar situation or have any advice, Please help.

thank you .

[kdavid]

The short of it: find a company with some clout.

Minimum requirements aren't a problem if the company you're trying to work for has the right connections. This is just how things work here.

It's also possible that the company submitting the forms on your behalf did not fill things out correctly, or that the person behind the counter was having a bad day.

You could work on an L or F visa. Though technically not legal, chances are good you won't be bothered.

[Erbse]

Not matter what you really do on your position, the job description should ask for a person with native-level English. If you can speak some other language as well (French maybe?), then add this to the job description as well and invent a reason why your position needs this language knowledge.

[roddy]

Re finding a company with 'clout'. I suspect that while it might work in the more corrupt provincial cities (cough cough harbin cough cough), I think you'd need to be working for a mighty big company to be asking favors from the Shanghai PSB. And said company would have to really want to employ you . . .

Interesting they rejected you (partially) on the basis that China doesn't need your skills, first time I've heard of that happening. Rewriting the job spec ('liaising with overseas clients') might do the trick, but I don't think you're going to get around the work experience issue easily. Are you the first foreigner they've employed? They should have seen that coming.

[gougou]

Actually I'd second kdavid's point - I think many of the big companies have like a green channel where everything goes fast and no questions are asked. For example at Volkswagen, a lot of Germans start working right after their graduation - possibly after having done their internship in China as well, so with no experience at all in Germany. I don't think anybody ever got refused, and it'd probably create a minor diplomatic incident if ever that should happen ;)

Oh, and as for your case, are you certain that you can't update your CV? There are more than two years between May 2008 and now, couldn't you just have forgotten some part-time jobs or something?

[roddy]

That's kind of the big company I meant - Volkswagen are . . . quick Google . . . 16th in the Fortune 500. Plus an inward investor.

[zhen_shuai]

i'm having a similar problem

was hired at a small-ish english school about a month and a half ago, told they would help me get a z-visa.

one 30 day visa extension and visa run to HK for a second L-visa later they are telling me I can't get a work permit because I

1. don't have 2 years post-graduation work experience (grad 7/2010, lots of work experience though)

2. don't have english teaching qualifications

this website

http://treyopia.wordpress.com/2010/02/23/teaching-in-china-visas/

suggests that it is sometimes possible to be hired as a "media consultant" but that still doesn't help with the two years experience problem

the hr manager is recommending i get an F but this is still illegal

http://www.110.com/ziliao/article-33400.html

although that doesn't really say what the punishment is if you get caught

also, when I was in Hong Kong last week (10/23-10/28) they were telling everyone that because of the asian games F visas are limited to 30 days stay regardless of your nationality

so really, no benefit that I can see to getting an 6 month / 30 day F over a 6 month / 30 day L

@conduit were you able to resolve your visa problems?

[conduit]

Yes, I was able to resolve the problem and now do have Resident permit and work permit.

Unlike some useless and moronic comments like "find a company with clout" or "work with L visa", I suggest getting this issue resolved NOW and get a proper work permit.

Else you would be having same problem in the future.

I've sent a PM zhen.

[roddy]

How about you just tell us how you resolved it?

[zhen_shuai]

Conduit told me they used a (unnamed) visa company in Shanghai to register him a Foreign Expert permit under a sister company as the first denied application was connected to the main company and was therefore impossible to change. Things changed included listing his language abilities as assets that the company would not be able to find in China.

@Conduit: I realize since you pmed me you would have (for some reason) prefered to keep this information confedential. For the sake of others who are trying to figure this out, and in the hope that someone else out there can provide more information on this likihood of success by this route (which my HR tells me is 0%) I have decided to share your pm with the forum. Apologies.

What I need is a source in Chinese that explains the process of getting a work visa via Hong Kong because my HR refuses to acknowledge this is possible and wants me to get an F visa. I found a source in Chinese that explains it is still illegal to work on an F, but nothing about how you can get a Z in Hong Kong.

Next stop US embassy.

[conduit]

No no, it was not a secret or want to keep it confidential. Thanks for posting it on behalf of me.

Anyway this is what happened.

1. work permit denied as explained.

2. spoke with the visa agency and even within their company, some said there isnt anything to do but one suggested that I use a sister company and a different title and it "might" work.

3. Our HR didn't use them to do it but just used their suggestion, applied again and pointed that I need to goto HK for visa because of time and money.

4. it was approved! and on the form, it said I should goto HK for visa.

5. Went to HK, got the z visa

6. came back, got the health check and once they sent the form, applied for work permit and resident permit.

I think I was UNLUCKY to be denied at first but LUCKY on the second time.

However I had few things on my side. My HR / company was willing to do many things to get this thing resolved.

And we do have a factory that we could use.

And when I was getting work visa from HK, I was worried because some say they were getting denied. here is what I saw.

1. when you go there, go early, there will be a long line and wait.

2. When I went in, maybe 70% or more were foreigners. I don't know if they are applying for work or visiting visa of course.

3. I had no issue at all, just handed them my paperwork and they told me to come back next day. Once my number came up, it took maybe 2 minutes to hand in the paperwork, photo and passport. it was VERY quick.

4. went back next day, (another wait) paid up, and picked up the visa. no issues.

So my process was smooth and painless, but I had ALL the paperwork necessary and ready. Had copies of EVERYTHING just in case they needed anything else.

But again this was just my process, I don't know how others will be. But from what I saw, most ppl seemed to have no problems. Ah except for some rude russians who refused to give up an empty seat heh.