dispute with F Visa sponsor school turns nasty

[victor557]

Hello people,

I'm on an F visa but i just had a dispute with my school. They told me they will cancel my F visa (they are the "host" company that wrote the invitation letter). However, I've got word from reliable sources that they cannot in fact cancel it (unless i give it to them and let them take it to the PSB!). But I read here (http://www.chinese-f...ty/page__st__20) that they can notify the exit and entry bureau of the PSB which may cause trouble, can anybody confirm this?

The key point is this: it's a chinese company, and the use of the F visa is in a legal "gray area", therefore they'd be shooting themselves in the foot by notifying the PSB. And they want to renumerate me in Chinese yuan which might be illegal under and F-visa, right? Secondly, I'm not sure the PSB would actually do anything unless it was a serious case. However, I cannot in anything on the internet which clearly explains the conditions of the F visa (in terms of the host company and recipient).

At this point, I think I'm going to ride this one out because i don't want to give in to this unreasonable school, and i think it's likely that i'll be safe, although they tell me i'll be blacklisted from China.

I'm posting this here in case somebody can provide me a link to the actual terms of the F visa, or knows of anybody who had direct experience with this scenario.

I will let everybody know the outcome, whatever it is.

[liuzhou]

As you point out, somewhat tentatively, you were teaching / working on an F-visa which is illegal. Therefore, you have no protection. Why do you think it would be any different in China than it would be for illegals immigrants in your home country?

The school / company will be OK. They have guanxi. You don't.

[Guest realmayo]

They may have, they may not. I'd assume they do and play it safe, try to come to some arrangement with them.

[gato]

You are allowed to do temporary consulting work on a F visa. For example, if you have a consulting business in the UK and need to visit your client in China, you would be allowed to perform your consulting work in China under an F visa. Your relationship with the Chinese company would be as an independent contractor. You wouldn't be allowed to be an employee of a Chinese company under an F.

[liuzhou]

You are allowed to do temporary consulting work on a F visa.

Yes, but it would be a bit of a stretch to think that would cover being a teacher. The OP has acknowledged that his employment is illegal. Kind of diminishes any grounds for complaint,. I think.

[yialanliu]

Take your chance if you want, but I wouldn't risk it.

[victor557]

Thank you for the replies. I got information from reliable sources which assure me I have nothing to worry about. So I'm going to ride it out. I'm not worried about guanxi, because this middle manager would have to get the big bosses to call in a very big favour over a trivial issue (leading to loss of face and owing a big favour back with no benefit to the business - just for the middle manager's ego).

However, if anyone knows a person who has direct experience with this situation I'd still be interested to know. Speculation doesn't go very far here in unpredictable China.

[roddy]

Well Victor, you promised to let us know the outcome...

[victor557]

indeed i did roddy, thanks for reminding me!

the result: it was a total bluff (they were trying to bully me into signing a very nasty document), the company can't cancel the F-type visa (unless i hand them my passport). i crossed the border many times, with absolutely no problem. i used my visa right up to its expiry, and then successfully got a new visa with a different company.

the facts are: for the F visa, once it's granted your F visa is not tied to the host company (contracts are a seperate issue), and they cannot cancel it (unless you hand them your passport!). this information from official sources (i got a friend who is a lawyer to read the official rules and then make a phonecall to confirm it). the immigration official actually said: "even if you no longer have a relationship with the host company, your visa is still valid up until its expiry date"

note that this is just for the F-type visa. it's different for the work visa (Z-type), where your stay is actually being sponsored by a particular company and you are tied to them.

[roddy]

Thanks for the follow-up.

Even if you hand your passport to the company, they can't cancel your visa - they'd need to get the PSB to do that. I suspect the PSB takes a very dim view of companies cancelling visas of their own accord. A company could go to the PSB and disown you, and the PSB might then follow up with you, but frankly I doubt either of them want the hassle - particularly if the company has been trying to use F visas to dodge the hassle of getting work permits for their staff.

[victor557]

yes you're right - they'd have to take my passport to the PSB, and accoring to a friend of mine who works as a visa officer for another company, the PSB would indeed take a very dim view of it, ask many questions, and be hesitant before granting more visas associated with that company.