URGENT: Z visa denied by Chinese Embassy!

[Stefan91]

I understand what you mean, I kind of think that decision should come a lot sooner (At the process of whether to issue documents or not) as that process takes longer than normal, sometimes a month.  

 

I'm not on a blacklist, meaning i'm sure getting even a visa at the border would be fine e.g. zhuhai border crossing.. as i'm aware theyre issued by the PSB.

What I don't get is the F got denied first, without writing any letter - would you assume the MFA (who they check with in BJ) have records of the company which hired me illegally and denied me on those grounds and then the Z visa after because of the F?

 

I am guessing a tourist visa would go through still as you technically need to book tickets round-trip.   

 

The official tells me to try my luck, I guess even if you typed such a long letter , who are the ones that read it?

 

 

Thanks

[fanglu]

What I don't get is the F got denied first, without writing any letter - would you assume the MFA (who they check with in BJ) have records of the company which hired me illegally and denied me on those grounds and then the Z visa after because of the F?

 

I doubt they get to that level of detail. It's probably just that you had a visa cancelled previously (and then for the Z visa, that you had had a previous visa application denied). That would be enough to deny a visa.

 

I am guessing a tourist visa would go through still

 

I don't know. Maybe. You could try. If you do get it you could go on a trip, not overstay your visa, come back and then apply for the work visa again, with your successful trip as evidence of your 'changed ways'.

 

I'm not on a blacklist

 

Well, maybe not, but your history means the MFA (which issues visas overseas, and includes embassies and consulates) seems to not want to issue you a visa.

 

getting even a visa at the border would be fine e.g. zhuhai border crossing.. as i'm aware theyre issued by the PSB.

 

This may be right. Although I don't think you can convert that visa into a work visa.

[Stefan91]

Okay, i will try the grovel idea in 2015 janurary. Its really beyond me how the MFA issue a invitation letter just to deny my visa later , I'd assume they really do their own checks..

[roddy]

I think one important factor might be the perceived legitimacy of your prospective employer. Going to work for the Random Small City Education Consulting and International Exchange Co. Ltd? Well, nobody's heard of them and it sounds like exactly the kind of operation that brings in foreign teachers then resells them to schools that aren't qualified to have their own foreign employees. Got a job at Big Famous University? Well, that sounds a lot more legitimate.

 

What's your current job offer?

 

I'd love for you to try and get a visa at the border, but I strongly suspect you'll at the least be flagged up for extra questions about your itinerary. You might not be on a blacklist, but it sounds like your record has put you on a not-to-be-trusted list.  

[gato]

What's the name of the government office on the invitation letter? I don't believe the MFA issues invitation letters.

[Stefan91]

@roddy - I have a friend who works for such company, its a " random city here ... foreign studies college"  , but hes working in a middle school.. Thats illegal right? Or is it legal as his salary comes through the "foreign studies college" 

 

My visa docs were for a school directly.. none of that shenanigans.

[Stefan91]

http://puu.sh/au031/6c7a3b11fb.jpg

 

This is a picture of the Exit visa.. maybe it'll help make things clearer. Fanglu you could ask your embassy friends

[gato]

Looks like your last exit visa has a "self-deportation" (限期出境) notation.  If it had been a "forcible deportation" (驱逐出境), you would have been automatically banned from entering China for 10 years.  There is no automatic ban for "限期出境"; however, it looks like the visa officers are still treating it as a serious black mark and refusing to issue you another visa in at least the short term.,

 

See below for the relevant PRC law on this issue:

http://www.gov.cn/flfg/2012-06/30/content_2174944.htm

中华人民共和国出境入境管理法

 

 第八十一条 外国人从事与停留居留事由不相符的活动，或者有其他违反中国法律、法规规定，不适宜在中国境内继续停留居留情形的，可以处限期出境。

 

    外国人违反本法规定，情节严重，尚不构成犯罪的，公安部可以处驱逐出境。公安部的处罚决定为最终决定。

 

    被驱逐出境的外国人，自被驱逐出境之日起十年内不准入境。

[Stefan91]

Ah, that sounds reasonable. But who do they refer to that "Beijing" declined my visa application. Does it mean i can wait a few months, and try again with a good supporting letter ?? such as. 

 

本人声明在本国及境外无犯罪记录，承诺在华期间严格履行合同义务，遵守中国法律法规。如若有违，本人将承担相关法律责任。本人声明在本国及境外无犯罪记录，承诺在华期间严格履行合同义务，遵守中国法律法规。如若有违，本人将承担相关法律责任。

 

One company recommended I try this. But more supporting strong appeal.

[Stefan91]

Would that mean I can't enter within a decade?

[roddy]

Nobody knows. Even if you were officially banned for a decade, then waited that decade, then applied for a visa, you might not get in. They are exercising discretion.

[Stefan91]

Fanglu any ideas about the 限期出境 notation?

[Stefan91]

Well i'm going to try again this December with the grovel letter. Worst case is between 2-5 years.. If its 2, a year is almost over.

[fanglu]

No, sorry. But I agree with Roddy. It's not about set exclusion periods, its the ministry of foreign affairs exercising discretion.

[Stefan91]

I guess that points back to being asked to write a statement. Being hinted by them to "try my luck" 1 year or 2 year later.. If I had 10 years, I'd think they would've told me that. I cant name any other country who doesn't tell foreigners how long they are not allowed in for. And again, they should have exercised discretion before issuing my with that invitation letter. Again that is nonsense. 

[roddy]

I'd be equally likely to interpret 'try my luck in a year or two' as 'go away, come back when my promotion has come through and that idiot Zhang San will have to deal with you'. 

[Stefan91]

Hahah sounds about right, they must have some brain, if they don't ever take a leap of faith, even if a harmless tourist visa to visit a friend with roundtrip booked and all.. they'll never know if he or she changed. There're better places , I guess thats why you guys left china

[MPhillips]

Summertime weather aside Taiwan is a very nice place.

[Stefan91]

I'm considering that if all else fails. I'm glad it's separate from China's unclear law.

[MPhillips]

Good luck to you!