| work license to z-visa to work permit | |
|---|---|
| Oct 26, 2007 04:30 |   |
| guestlis | Does anyone have any idea what the differences of the requirements or processes are between Hongkong Citizens and Foreigners getting work permit in Shanghai? Thanks in advance! |
| Oct 26, 2007 11:06 | #1 |
 | Hong Kong citizens do not need a Z visa as they have a right to be on the mainland. However, if you read the following webpage you will find there are possible drawbacks. http://www2.eycom.ch/ items/china/hc_client_issue1_200509/en.pdf In a nutshell, the employer would have to pay an extra 32% of your pay into a super fund and for health services, and you would have 12% of yr pay deducted for similar services! And to be eligible for this special status u had to register within 10 days of starting employment. It is dated '05, but I seems many employers don't know about this and are not deducting (or contributing) the required amounts. I guess it means businesses will only employ Honkers at a lower base salary than foreigners so they can afford to pay the 'social wages'. |
| Oct 26, 2007 23:24 | #2 |
| GUEST11710 | Thanks for your reply APAULT. So aside from the taxes, just the Z-Visa and it's prerequisites are the difference? I understand foreigners need to process the following: Step 1: Foreign Employment License Step 2: get Invitation Letter for Z-Visa Step 3: leave China to apply for the Z-Visa Step 4: upon re-entry in China, register for Temporary Residence Step 5: Health Certificate Step 6: Work Permit Step 7: Residence Permit / Visa So then, if a HKer applies, they start at STEP 4? Thanks again in advance.. |
| Oct 30, 2007 22:27 | #3 |
| The foreigner does not get involved in step 1, that is for the employer. Step 4 is also the employer's responsibility top organise but you need to be involved in it. Step 5 comes before step 4 (and you might be required to complete the self answer questions on the health form to get the Z visa). Step 6 I am a little unsure about - I have never seen one but my employer has referred to it, so it must be their responsibility and I assume will be needed for the residency permit. A Hong Kong person does need a health check so that would come first I think and must register with the local police just like a foreigner. I do not think HKers need a residency permit but I will ask my HK colleague ... back to you soon. |
| Nov 1, 2007 06:07 | #4 |
| GUEST27153 | What is the best way to travel from Penyu to Shenghai and Singapore to Hong KOng |
| Nov 2, 2007 09:34 | #5 |
| GUEST11373 | penyu? i haven't heard of that place sorry.. singapore to hongkong should be plane.. unless you want to take a cruise (star cruise).. |
| Nov 22, 2007 03:01 | #6 |
| Thank you for sharing your knowledge of Work Permits etc. I am recently arrived in Qingdao and have been working for my employer for longer than ten days, but employer is just now getting around to getting my Foreign Expert Certificate (FEC) and Residence Permit for Foreigners (RPF). I moved here from Shanghai where I've been living and working for over two years. My questions are: 1. Is my employer legally liable for providing my FEC and RPF within the legally specified time-limits? (What are these time-limits?) 2. Today my employer said I need to have a Health Examination Certificate. I will give him the one from when I first arrived in Shanghai, dated May 2005. What is the time limit on the Health Exam Certificate? Is mine "expired" or outdated? 3. What legal liabilities am I exposed to, for working without a QD FEC and RPF? (My Shaghai docs are good until May 2008). Thanks for your timely reply. Keep up the good work. --Ian http://www2.eycom.ch/ items/china/hc_client_issue1_200509/en.pdf |
| Nov 22, 2007 03:05 | #7 |
| One more question. You mentioned "In a nutshell, the employer would have to pay an extra 32% of your pay into a super fund and for health services, and you would have 12% of yr pay deducted for similar services! And to be eligible for this special status u had to register within 10 days of starting employment." I am having trouble opening the link you gave : http://www2.eycom.ch/ items/china/hc_client_issue1_200509/en.pdf What is this health service insurance fund? Is my employer supposed to be providing it, and paying into it? Do you know how much it costs the employer? Is employer legally liable? Any and all info will be most appreciated. Thanks again. --Ian |
| Nov 23, 2007 09:46 | #8 |
| Ian. What visa are you on now? Are you the guest that started the thread? If you have a Z visa the employer is required to apply for your residency within 30 days, otherwise your Z visa lapses. So his application for you is within the time limit. The foreign expert certificate is issued by a different body but is required to get your residency. Yes, you will need a new health certificate as they are only valid for 12 months - so I am not sure how you managed to get by without a new one last year. You can get one by visiting the designated health centre - make sure u have fasted that morning. Provided that the application has been submitted within the 30 day duration of the Z visa you are fine. If not, and you stay in China beyond it's expiry date you are illegal. There are set fines for short overstays but I would think such a situation would interfere with further visa applications. If your employer is unable to meet the deadline they are in essence saying that they don't want to hire you. If they do not meet the deadline you should get yr passport back and exit the mainland. I guess you can then apply for another Z visa - if you feel inclined to! If you are entereing as a HK citizen, that web page says you must register within 10 days, I have no idea of the penalty for not doing so or whether you might be refused. Of course you do not need to go through the residency permit stuff. It appears that your employer should pay the Health Service Fund but of course your salary package may be structured to have it as an extra, or it might in effect be a deduction. That's for you to negotiate. The same is true for the health deduction from your salary (I ahve always argued that executive salaries are higher than they would otherwise be to cover the higher taxes imposed in most countries). If you are on a Z visa, your Shanghai papers have no value unless officially transferred. If you are from HK, then it seems from my reading of that web page that they are also not valid because you have changed employer. However, you appear to have a right of residency on the mainland so you cannot overstay. If you have dual rights, ie you have HK residency and you have some other passport, you can choose which to use. One has the visa requirement, the other is cheaper (though if you plan to return to HK you get the health and retirement benefits). Even though the employer seems legally liable, it also seems that some employers here are unaware of the tax and social payment requirements outlined on that site and are only deducting normal foreigner income tax, nothing else. Good luck..and please let us know the outcome when you have time. Disclaimer: I am not a prefessional, I base my comments on having made a number of applications, spoken to various people and read the rules etc from time to time. |
| Nov 27, 2007 18:48 | #9 |
| Thank you Paul for you informative, if unnerving, response. No, I am not the OP (Original Poster) of this thread. Neither am I from HK. Yes, I have a Z Visa (RPF) issued in Shanghai and good until May 2008. I also had an Alien Employment Permit (AEP) that runs concurrently, but gave it to my new employer who in turn says they have submitted it with my FEC application. I am still entertaining the hope that the new employer does actually want to hire me, and that the delay is due to their own ignorance and administrative incompetence. Today I will pick up the Health Certificate based on Monday's examination at the appropriate clinic. Then I will give this, my passport and all other paperwork to the employer who says it will immediately be taken to the local authorities for processing of my FEC and new RPF. However, should there be any further delays, I intend to take whatever legal measures I can to a) protect my interests and remain a legitimate resident and worker in Qingdao and; b) seek redress through the courts for breach of contract, FEC and RPF irregularities, tax fraud, and whatever else I can think of. I have documented all communications with the new employer. Also I have training and experience in litigation support, so I know how to gather evidence, generate exhibits, and do legal research, etc. Of course I am aware that the Chinese court system is not the best option. But as in all countries, a company faced with a strong, documented case will most often settle out of court if they see that the plaintiff has a strong case against them, and appears ready to file. The fact that my employer is a high-profile company also would lead one to believe that they would not want public disclosure of their negligence, malfeasance and fraudulent practices. However, this is China, so who knows what kind or established relationships they will rely on within the judiciary and regulatory agencies, or what other tricks they might pull. But as I said at the beginning of this posting, I am still living in hope that they are only incompetent bunglers, who have enough connections to get my FEC and RPF, even though technically we are way past the proscribed time limits. Even so, once these are in hand, I will begin making loud noises within the company's top management in Shanghai, to try to insure that this never happens again in any of the company's schools nationwide. It is very unpleasant to live in fear of fines and deportation. Especially when one has done nothing wrong, and has attempted in every way to meet the letter of the laws and regulations. This is truly a tort. Thanks for your advice. By the way, does anyone have any experience with filing suits in the Chinese courts, or working with the SAFEA and PSB? Thank you for your detailed advice. |
| Nov 28, 2007 05:04 | #10 |
| Some questions here Ian. First, the Z visa /residence permit is valid only so long as you work for that employer or you get it transferred. So I think you are saying you are starting a new job and will need a new RP. The Alien's Employment Permit: I have never heard that before.... so this creates new possibilities....what is it? But you are using it to get the Foreign Expert Certificate. OK! As for the legal options, from all I have heard, don't waste your time and money on something you can't win - but if others know differently, let's hear it. Anyone?? The responsibility for making the application in time is with the employer, not you. If they said they were processing it, it is hardly your fault.... but I have no idea what rules apply. Actually I believe the immigration authorities here are far less draconian than many western countries.... I would expect better treatment here for overstaying than I would in Australia (at least under the finally at last departed Howard government). Of course, if they decide someone is to be ejected, I doubt any argument would carry much weight. In my view it is best to deal with these bodies through a Chinese who know how to handle the beaurocracies. Good luck and do keep us informed! |
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