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Complex visa / work permit question..

Shanghai Expat Forum Index » Hot Topics Forums » Visas, Taxes, and Legalities

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jh59017

Newbie

Joined: Feb 08, 2008
Posts: 2

Status: Offline

Posted: Feb 08, 2008 - 03:40 AM
Post subject: Complex visa / work permit question..

This is my first post, so please be kind to me Smile

We are a Scandinavian couple and we will relocate to Shanghai in June because of my girlfriend’s work.

I am working as a consultant for a small Scandinavian consultancy. My customers are mostly big multinationals and I have already had a lot of projects in China and in other countries in Asia. My plan is to:

-live permanently in Shanghai
-be employed by my present Scandinavia employer (that has no legal entity in China)
-conduct consulting projects for my customers in China, other Asian countries, Europe and USA

What sort of visa / residence permit do I need? I suppose I also need a work permit, but is it possible to get one, as I would be employed by a Scandinavian company?

Recommendations / different kind of options for tackling the problem?

CoffeeHawk_0
Board Deity

Joined: July 14, 2005
Posts: 19045

Posted: Feb 08, 2008 - 08:58 AM

Because of this, "that has no legal entity in China", I suggest you talk to your embassy first. The link below lists embassies/consulars in home countries and in China.

http://www.kotan.org/t¡bet/embassies_china.html

underh20
Board Legend

Joined: Sep 27, 2006
Posts: 12702
Location: Veggie-Free Zone

Posted: Feb 08, 2008 - 09:30 AM
Post subject: Re: Complex visa / work permit question..

jh59017 wrote:

If you marry your girlfriend, you could get a residence permit. Otherwise, since the company you work for is not legally registered in China, it is very unlikely you can get a work visa / residence permit.

You may very well have to stay here in a string of "F" or "L" visas, whichever gives you the longest stay.

_________________
"If I need to buy a TV, I'll definitely buy a Japanese TV. A Chinese TV might explode." -- Jackie Chan

Lordlunchalot

SuperStar

Joined: Apr 23, 2007
Posts: 1593

Status: Offline

Posted: Feb 12, 2008 - 04:16 PM

You don't have to be married to get the residence permit, I just used a statutory declaration that we had been together for x years.
Work permit is another matter all together.

underh20
Board Legend

Joined: Sep 27, 2006
Posts: 12702
Location: Veggie-Free Zone

Posted: Feb 12, 2008 - 04:36 PM

Lordlunchalot wrote:

You don't have to be married to get the residence permit, I just used a statutory declaration that we had been together for x years.
Work permit is another matter all together.

That's good to know. What are the mechanics of it all?

_________________
"If I need to buy a TV, I'll definitely buy a Japanese TV. A Chinese TV might explode." -- Jackie Chan

leidelaohu

Board Royalty

Joined: June 11, 2007
Posts: 7190

Status: Offline

Posted: Feb 12, 2008 - 10:08 PM
Post subject: Re: Complex visa / work permit question..

jh59017 wrote:

-conduct consulting projects for my customers in China, other Asian countries, Europe and USA

An F visa would probably be legal for that but some things are a pita to do that way. Transferring money and the hassles of visas, for two examples. If it's only for a short time (year or so ?) I'd go with the F visa but for longer, you have some more choices.

The proper way would be to set up a small foreign-owned consulting company. Total cost about ten thousand $ US. That would give you the most freedom. Lots of hassles are not apparent until you try to do them here. Two examples are banking and the infuriating phony distinction between 'personal' and 'company' in all things related to work. For one example, you cannot open a company account as a person. Ok. Open a personal account. But you can't get money wired into a personal account from a company, either. Catch-22 pain in the arse. Every time you turn around here you'll hear "oh no, that's for a company !" or "no, no, that's a personal account !" Ask for a quote, the first thing you get back is "Tell us all about your company." Look, assholes, I don't want to get married, I want a simple price on an item in your catalog ... sigh. Makes you want to hit someone.

As a small foreign-owned consulting company you would have the most freedom to operate.

Second choice might be to talk your main company into setting you up as a representative office. Cost is a lot less - maybe $2000 US - but there are more restrictions. Still, it solves the visa and banking troubles so might be a good way to go. You can't legally 'represent' more than one company but ... ahh ... err ... well ... I don't see how they can tell who you talk to on the phone every day, either.

Google search for either option, there's a lot of info on the web.