Z Visa rejection - urgent

[Ciara]

I just found out that my visa application was declined in China by the local foreign expert Bureau. I was granted sick leave in October by my employer and planned to return next month. While I have been away, my visa expired, hence having to reapply from scratch. I asked my HR the reason, and they said that perhaps the authorities were unsure if I were able to return - the sick leave cert my doctor gave me covers the time of leave up to my resume date. I am very much fit for work again and extremely distressed this.

 

Does anyone have any advice about what might be done? For example, a letter from my doctor confirming my current health ad ability to work?

 

Thanks!

[ChTTay]

By visa you mean your residence permit, right?

You left for health reasons, your residence permit expired... So now you need a new one?

If so, can't you just apply for a new Z visa at your nearest Chinese visa application centre? Just get your company to send whatever supporting documents you need. Once you've got the Z, go to China and get that turned into a residence permit.

I am not sure your if your work would be able to apply for a new "visa" within China for you, unless you/they mean that they need some documents that they'd then send to you for when you make your application in your home country. For your work to apply for an "visa" for you, they'd need your passport.

[Ciara]

Thanks for your reply. From what I understand, they need to apply for the invitation letter and work permit over there at the Foreign Expert Bureau with my degree, medical and non criminal cert (which they have) They then send the invitation letter to me, and I go to the embassy and apply for the z visa. This was how it worked last time. However, their application for the invitation letter has been declined, so now I can't apply for the visa. I really don't know what to do!

[ChTTay]

Yes, that makes more sense. Is your employer told you that they are going to try and resolve this problem? Maybe they can negotiate with the PSB. Failing that, use an agent who might have more "pull".

It doesn't seem like there's much you can do beyond push your employer.

On the other hand, it does seem strange that you leaving because of a health issue would then make them reject an application. How would the PSB know this? How would they know you hadn't just gone home at the end of your contract? Especially if your employer didn't cancel your residence permit but rather let it run out.

You sure your employer (school?) isn't just be using this as an excuse? Maybe they don't want to risk you asking for sick leave again.

[Ciara]

I asked my employer if they could do anything, but haven't back heard yet. I was a bit surprised that they had to let my the PSB know why I had to leave, and I have wondered if this is just an excuse -  but they could have just said they didn't want me back in the first place instead of going through all this application hassle again. They are a good employer and I believe they would be upfront.

[roddy]

Don't think the PSB is involved at this point - it'll be the local Foreign Experts Bureau, most likely*. They may have a policy that anyone who fails to complete a contract doesn't get another invitation letter, your sick leave looks like failure to complete, so no invitation letter. At this point...

 

How keen is the school to have you? If they can figure out what the problem is they may be able to persuade the FEB to overlook it, or agree that if you provide some kind of fit-to-work evidence from home you can have the invitation letter. Without the school on your side it'll be a lot tougher. 

 

It could just be an excuse - maybe they like you and don't want to hurt your feelings, but also don't want to risk a repeat. 

 

*process as I understand it, regional variations, blah blah blah, once you and an employer have agreed you'll take a job...

1) they go to the FEB and get you an invitation letter

2) you get sent the invitation letter and use it to get a Z visa from the embassy

3) you use the Z visa to get into China

4) You get a medical

5) Based on your visa and invitation letter, the FEB give you a Foreign Expert Certificate

6) Based on all the above and the medical, the PSB give you a residence permit

7) Done. 

There's an alternative version where you get an Alien's Employment License from the labour authorities. If anyone has anything to add to that, do say so, I could be years out of date on this. 

[Steven99]

When you last finished working in China, they should have cancelled your RP and given you a visa with 0 entries, allowing you to leave.  If the FEB granted your working permit, but the Foreign Affairs Bureau did not grant you a letter, the problem is not with your qualifications. 

 

Sounds fishy, because with a working permit, the invitation letter should be no problem at all. Maybe your employer is telling you a white lie.

 

According to the regulation with Work Permit (issued by SAFEA aka FEB aka Foreign Affairs Bureau) which each province in China has, once a permit has been issued, another company cannot issue one to your passport number for SIX months. So if they bail, you may be stuck for six months. As when you find a new school, they apply, they will see you have an active working permit.

 

However, if you now go find a new school within 6 mo, and get them to apply anyway, and you DO get one. That would confirm the current school had not even applied for anything.

 

If you've already got a booked plane ticket, try to cancel it or push the arrival date further.

 

best of luck

[Ciara]

I have been told by the school that if I provide an assessment from a doctor/hospital of my current health and fitness for work, they will apply again. My contact also said that she cannot guarantee anything. I can easily provide this document, but I am not sure if I should get my hopes up. How likely is it that the FEB will reconsider an application?

[Steven99]

I don't believe them to be honest, I've NEVER heard that such document is provided to get an "invitation letter".

 

Are you saying, they have obtained your working permit document, but not invitation letter?  Thats completely unheard of.  If the answer to this question is no, and they haven't got either work permit or invitation letter. You are free to approach another company.

 

Refer: http://www.visarite.com/invitation_letter_of_duly_authorized_unit.htm#.Vpw8n1N95xg     

 

You might want to download an app called YiXin (EasyChat), that allows you to call China for free, or just call them and ask them directly.

[ChTTay]

If you can easily get this document and definitely want to go back to this company... then get the document and give it to them. You may as well try but don't let them keep you waiting too long. Ask them how long before they'll know the answer and, if they don't do it quick enough, then explore other options.

 

The problem you might have is, as above, if you run into the same problems with a new company because it looks like you ducked out of your contract rather than finishing it.

[roddy]

Yeah, nothing to lose. The fit-to-work letter might come in handy anyway. If you're set on going to China then it'd be wise to start looking at other jobs  - but you could run into the same problem. Hope it works out, let us know. 

 

"I've NEVER heard that such document is provided to get an "invitation letter"."

It's a pretty unusual situation. She's started a contract, not finished due to ill health, is now better, wants to go back to the same school, FEB is refusing to issue the invitation letter, we're assuming as she failed to complete the first contract. A doctor's letter saying she's in good health seems like a perfectly reasonable idea. 

[Ciara]

Thanks for all the replies. From what I've read here, it sounds like the invitation letter isn't the problem, it's the work permit - as if I get the work permit the invitation letter should be no problem, right? It's all quite confusing! I'm officially on sick leave at the moment until the day I am supposed to return, so it's not that I haven't finished the contract exactly - one of the reason I wanted to return is in order to finish it in October.

 

Anyway, I've provided a letter/assessment from the doctor and the school has also offered to provide a statement, if it would help. So I'm just hoping now. I will let you know the outcome.

 

Thanks for all your help everyone.

[roddy]

Letter from doctor (get a stamp if possible. China♥stamps), letter from school, letter from yourself (was very sorry to have to leave, no other choice, fit and well now, feel bad about inconvenience, keen to return and make up for it, get that translated into Chinese if possible).

 

Also, without getting too personal - was the health problem something that might reoccur or result in a failed medical? If not, maybe emphasize that.

[Steven99]

Sounds a bit more like it!

 

The case may be you'll need to restart the process. That includes (for this problem) getting another medical done outside of China at a Chinese approved hospital.

 

Then providing that, along with a copy of your degree, criminal background check (original), TEFL certificate, CV to the FEB, they will see as long as you passed your medical that you are indeed capable healthwise for working in China.

[roddy]

"getting another medical done outside of China at a Chinese approved hospital."

Is there such a thing? I thought anyone outside of China who needed a medical just persuaded their own doctor to do it and stamp the form. 

[Steven99]

I dont think there is.. But the OP could try it.  Peeople spend hundreds on it, just to end up having to do it after arriving in China. I remember the one I had in China cost just 700RMB. 

[roddy]

Not sure the OP should waste time looking for something that doesn't exist. 

[Steven99]

May be so, not sure why some employers ask for a medical check "physical examination" out of China. But in her case, I would assume she needs to prove to the FEB she's healthy. 

[Ciara]

I received good news - on receipt of the letter provided by my doctor the FEB approved my work permit. I'm very relieved but now worried about getting it on time!

 

They approved it within 3 days, but with the holiday coming up time is getting tight. How long will it be before my employer will have the documents to send to me - I think around 10 days is the norm but is it ever issued sooner than this? I'm hoping that they will be able to send them to me before the school closes for Chinese new year next week, but fear this is unlikely.

[roddy]

Excellent news! Not sure about a fast turnaround on the documents though.