On a student visa, can I work without pay?

[mitch]

Hello everyone. I've been searching the internet for an answer to my problem, but since I couldn't find anything I figured this would be the best place to go.

So, I'm in China on a student visa, and would like to work without getting paid! This is my situation:

A Chinese friend/business partner and I will be opening up a sweets shop here in Xi'an. This will be sort of a joint venture between my company in my own country and my business partner here. Through my own company I will be getting my share of the profits. However, I also need to do actual work in the shop here. Obviously I don't want to be at risk of getting caught 'working' on a student visa. So I was wondering if it's okay to work in the shop as long as I don't get paid. I'd be "helping out" if the police asks.

What do you guys think about this? Would it fly with the police?

[fanglu]

You're allowed to undertake practical training on a student visa, so if anyone asked you could try that. On the other hand it probably wouldn't hold up if anyone realised it was your university, rather than your shop, that gave you the documents to get the visa. Your best bet is probably to try to avoid getting caught.

I'm assuming when you say working in a shop, you mean in a back office somewhere. If you mean on the shop floor I can see that attracting attention very quickly. Even in a back office, just by the nature of the business, there's probably a higher risk of getting caught than for all the people who do cash tutoring or teaching on x visas.

[mitch]

Actually, I would be on the work floor most of the time. Plus I'm a very tall white guy, so I'd definitely attract attention. I suppose even though I really wouldn't get paid here in China it'd still be hard to prove that to the police. Are there any other options?

[fanglu]

An F visa is another option. Just write a letter on your company's letterhead inviting/sending you there to learn about the business for six months. The downside is its a maximum of six months.

Also I don't know that it would really guarantee you no problems. If the police/some other government body decide that you're working, anything other than a Z visa is probably going to be unacceptable. I have no idea what the chance of them making an issue of it is, but you being on the floor of a shop, open to the public, at regular times, serving customers, etc is surely going to lead to someone at least asking the question sooner or later.

[mitch]

An F visa seems like the most realistic option right now. Thanks for the advice! Do you think it'd be better to have an invitation sent from China inviting me to come learn about the business (like an internship), or a letter from my own company stating I should be there to 'oversee' our joint venture (being financially supported by the foreign company). The latter is pretty close to the truth and wouldn't really require any bending of the truth when asked difficult questions, and is thus preferred, but do you think that's what F visa's can be used for?

[fanglu]

Take copies of both with you to China - the more random documents the better, particularly if in English which will make harassing you an extra effort. For applying for the visa take both with you and ask at wherever you're applying which one is better. We used to accept either, but my understanding of the rule is that it supposed to be the Chinese company inviting you.

Edit: One of the purposes of F visas is 经商, so I guess overseeing a joint venture would be included.

Thinking about it now though, for those kind of F visas I think you usually get 90 days stay (or 60 for double or multi-entry). Oh well, try for 180 days and see what they say I guess.

[roddy]

There's not just the police, the 工商局 are also likely to come round at some point to see what they can fine you for. I'm obviously not sure what the JV arrangements are and how much if any money you have in this thing, but I'd say you want to keep the business side of things entirely legit.

However, there's a strong chance an F visa for that purpose will have a restriction on length of stay - the assumption will be you're flying back and forth for meetings, not living there. You could perhaps get the partner to set you up with a work visa, but that's a whole different kettle of hassle.

[mitch]

Great, thanks to both of you for the useful information! I will let you know what happened once I get the visa and get questioned by police and gongshangju...