Paid internship visa

[terundia]

Hello all, I am in a really complicated situation and I have no idea what visa should I apply for. Does anyone have any idea? 

Starting from December, I will be spending 8 months in China doing a paid internship. In the meantime however, I am technically a student in France. The thing is that my university requires me to spend a year doing an internship as part of my education process. I have documents signed by the Chinese company and my university that this internship is part of my diploma. 

 

The problem: I seemed not to fit in any of the categories for visa. 

 

Not a student visa, as I am not going to study in Chinese university. 

Not a M visa, as I am going to be paid. 

Not a Z visa, as I do not fulfill the requirements and it is just an internship. 

 

I would appreciate any advice. 

 

[zhouhaochen]

Whoever organizes the internship for you needs to sort this out for you.

[fanglu]

I agree. The documents from the Chinese company will determine the visa.

[deremifri]

You are really in a difficult position right now, since Chinese immigration laws make it difficult to obtain visas for internship purposes.  

 

Here from lawandboarder.com

 

15. “Which visa is appropriate to do an internship in China if I have no residence certificate for study?”

In the past, activities permissible with an F visa expressly included “internships lasting less than six months.” (2010 Implementing Rules, art. 4(4)). However, any reference to internships has been deleted from current regulations. Now, under the State Council regulations, art. 6:

• F visas are for noncommercial “exchanges, visits, inspections, etc.”
• M visas are “commerce or trade.”

The omission of any reference to internships has created  a legal ambiguity as to which visa, if any, is appropriate for an internship. A clear statement of policy should be provided by the government to resolve the ambiguity.

One interpretation is that by deleting reference to internships the State Council intended to make that activity impermissible with an M or F visa.

This interpretation is bolstered by the regulations on internships by X1 students holding residence permits, who are required to get approval by their schools and the PSB Exit-Entry Administration before engaging in an off-campus internships, and who are considered to have engaged in unauthorized employment if they engage in any work beyond the scope authorized. (EEAL, art. 43(3); State Council regs, art. 22). These rules seem to classify an internship as “work” requiring permission to work from the PSB.

Consistent with this interpretation, a representative of the Ministry of Foreign Affairs (MOFA) stated orally on Nov. 25, 2013, that the Ministry intended to prohibit internships with F or M visas because in the past so-called “internships” were actually employment in disguise for persons who were ineligible for work visas because, for example, they lacked the degree and experience needed for a work visa or they directly competed with recent Chinese graduates for jobs in occupations where there was no labor market shortage. A MOFA representative has also told our firm that they have issued internal written instructions to consulates that M and F visas are not to be issued for purposes of internships.

A contrary interpretation of the ambiguous regulations is that although the M and F regulations don’t specifically mention internships, they are nonetheless permissible.  Buttressing this argument are the 1996 Rules for the Administration of Employment of Foreign Nationals, art. 8 (not specifically repealed by the new State Council regulations), stating that an internship is not work. However, given the weakness of this argument, employers, interns, and third-party referrers (e.g., headhunters and agencies that arrange internships) all should be aware of the legal risks of these arrangements.

The argument that an internship is permissible may turn on the specific facts. For example, if you undertake an internship for a company abroad, you may have a good argument that you qualify for an M (business) visa to China on an M visa for commercial or trade purposes, where your wages are paid by a foreign company. Or you may be able to come to China on an F visa to volunteer without pay in a community service program.

Yet another interpretation has also been offered. An official from the Beijing PSB stated orally on Oct. 16, 2013, that X2 visas may be appropriate for persons who have no residence certificate for study (for example, students studying or recently graduated from abroad) to come to China for an internship but that to date it is not yet possible to apply because guidance must first be formulated.

This topic will remain unsettled until a clear statement of policy is provided by immigration authorities. 

 

Sorry for the long post, hope it helps

[chinese visa expert]

In uk. We normallt suggest you get the business visa. The purpose in your initation letter which get from the China should be for business not paid internship.

[terundia]

Thank you all. Deremifri, I have read the post that you gave. Sadly it doesn't really help me that's why I asked here I guess I will see once the time to apply comes ... 

[deremifri]

As the Chinese Visa expert suggested:

Your best bet would probably be to apply for an M Visa and be creative about the being paid thing (for example if they pay you with an appartement it should be ok) However, this might be considered illegal.