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Changes in Visa/Nationality Policy Implementation


Tianjin42

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Working with a group that deals with visas and the PSB in China, I’ve posted a few replies to visa questions previously.

We have noticed a change in policy implementation so I thought I would post here in case it is useful for anyone.

There have always been guidelines for visa eligibility though the degree to which they have been followed is debatable. Recently the nationality rules (relating mainly to teaching) seem to have been beefed up.

As a result when a college/ private school etc. applies for a visa (usually Z, although could be F) the authorities now requires matching nationality. For example, a college here planned to employ an English teacher but wanted to hire a Polish passport holder (though he was essentially native British). The authorities said that they could not authorise the visa as guidelines state that anyone applying for a visa in order to teach English must come from a native English speaking country. This has happened a number of times recently so do be aware if it applies to you. Policies like this never seem to be implemented in a uniform way so perhaps there is leeway but we have seen some citizens of non-native English countries refused. Some client schools were informed that candidates could be accepted if proof of native ability/ extenuating circumstances could be provided though they didn’t elaborate.

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This seems to be just another examples of the locals making things up again.

There is nothing in the SAFEA* guidelines (I have them in front of me) to say that people from countries which don't officially speak English are exempt ineligible for the correct documentation.

Just yesterday, I was with a French man who was collecting his residence permit. He is here to teach English. No one batted an eyelid at this French passport. I have come across other examples in just the last two weeks.

In fact, the "official language" argument was sunk several years ago when schools started recruiting teachers from Africa because they read on Baidu that English was an official language in some countries. It was only when the teachers turned up that they found out that official language status means very little when less than 5% of the population actually speaks it.

*State Administration of Foreign Experts Affairs - the people who issue the licences.

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I'm actually slightly more interested in the fact that schools are applying for F visas for teachers. Are they passing them off as interns, or are F visas being used for shorter-term employees, or what?

And crucially - which actual cities are we talking about?

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the degree to which they have been followed is debatable
Policies like this never seem to be implemented in a uniform way
candidates could be accepted if proof of native ability/ extenuating circumstances could be provided

There are always extenuating circumstances whenever a school needs a teacher who doesn't meet the "rules".

The rules are interpreted differently by everyone. More often than not those with 关系 will have the rules interpreted in their favor. Those without, or those who refuse not to give a 红包, will find the authorities stick to the letter of the law.

I always tell new and prospective teachers to apply to any and every job in which they're interested, irrespective of what the advertisement lists the school's requirements as.

I'm actually slightly more interested in the fact that schools are applying for F visas for teachers. Are they passing them off as interns, or are F visas being used for shorter-term employees, or what?

Schools issuing F visas to individuals who are de facto teachers are exploiting a loop hole. F visas allow for "cultural exchange", thus allowing native speakers to instruct classes on "Western culture", etc.

And crucially - which actual cities are we talking about?

Better questions would be:

1. Which specific school?

2. How many foreign teachers are employed there?

3. How many of the current foreign teachers are on F/Z visas?

4. What are the backgrounds/qualifications of these teachers?

5. How long has the most tenured teacher been present at that school?

There was a post in here several days ago about Guangzhou and visa requirements there. One person commented on how strict GZ was. However, I know for a fact that one of the largest schools in GZ hires teachers with no BA, TESOL, or experience *when they have to*.

Some are issued Z visas, some F visas. Which teacher gets which type of visa depends on who is working behind the counter that day and what the "political mood" is at the time. For example, leading up to and immediately after 十八大, none of these teachers got Z visas--they all got F's.

Look, at the end of the day, these "requirements" are flexible. If a school wants a specific teacher, and they have the means to do so, they'll get the teacher the documents needed.

Now, some schools may *really* only want those with BAs, experience, etc. who are from America, Canada, etc., but these schools are making such decisions purely on personal business grounds (e.g. they believe those with BAs are more reliable, or that a North American accent is more sought after by the customer), not legal or institutional.

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Thanks for the replies here – interesting.

I am aware that this is not across the board but there are a number of schools who genuinely wanted to employ the teachers but couldn’t for the aforementioned language reason. We have seen some teachers of non-native nationalities accepted as before, only, there have also been more refusals on grounds mentioned in the original post.

The majority of the cases I am referring to are in Beijing.

Yes, as stated above, the F-visas can be issued if a “cultural” class.

Unfortunately there do seem to be major discrepancies in success rate depending on who is asking and who they know, but then – we already knew that.

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