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KJ
Rocker


Joined: Sep 28, 2005
Posts: 731
Location: Shanghai
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Posted:
Oct 13, 2009 - 07:29 AM |
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| Post subject: suprising issue on business visa |
I had a friend tell me yesterday that a visa officer told him that on his 90 day business visa, each time he leaves China and returns, he has 90 days from the date on the red stamp in his passport.......can that be so????
If it is, when is the cut off? When does the visa actually expire if you can keep getting 90 days after each exit during the visa period.....????
I know that most people just leave at the end of 90 days and renew, but could all those people be misunderstanding the law? |
_________________ Bubba's: Smokin' the Good Stuff Since 1996 http://www.bubbasasia.com |
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mat
Shanghai Royalty


Joined: Apr 26, 2004
Posts: 9030
Location: Loooooooooooose!
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Posted:
Oct 13, 2009 - 07:44 AM |
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It depends what type of Visa it is. It could be a 12 month multiple entry. In this instance, there is a limit to the amount of time you can spend IN China each visit, and i think that would probably be 30/60 or 90 days each time. Maybe that's what was meant? |
_________________ www.justbeer.cn Get a Blondie into you! |
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KJ
Rocker


Joined: Sep 28, 2005
Posts: 731
Location: Shanghai
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Posted:
Oct 13, 2009 - 07:47 AM |
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All I know from talking to him is that he has a Business Visa with 90 days on it. He went to renew it yesterday but the officer said he has 90 days from the last entry....and he leaves frequently and in fact just got back around 3 weeks ago....so he didn;t renew because according to her, he still has more than two months left.
When he asked for how long he can do this.....she wasn't sure.....which made me wonder |
_________________ Bubba's: Smokin' the Good Stuff Since 1996 http://www.bubbasasia.com |
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OZDave
Reacher


Joined: July 04, 2008
Posts: 344
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Posted:
Oct 13, 2009 - 08:03 AM |
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I have heard that from several countries, including the USA.
A friend went to the states with a one year visa, his passport was stamped with six months on entry and he got into all sorts of problems.
I believe it is true, but that they won't stamp you past your visa (ie: you might get a couple of days once, but when you try to do it the second time he'll say you are outside your original visa and won't stamp it). |
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OZDave
Reacher


Joined: July 04, 2008
Posts: 344
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Posted:
Oct 13, 2009 - 08:04 AM |
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If you want unlimited 90 visas get an APEC card. Then no visa is required and each entry gets you a free 90 day visa.
www.businessmobility.org |
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leidelaohu
Board Lord


Joined: June 11, 2007
Posts: 5751
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Posted:
Oct 13, 2009 - 08:26 AM |
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| OZDave wrote: |
| A friend went to the states with a one year visa, his passport was stamped with six months on entry and he got into all sorts of problems.. |
The US uses a different system from China. China visas are static : if the visa is good for 90 days with 30 day lengh of stay per trip and six month validity, then the first trip must be within 6 months from date of issue, you can stay within China for 30 days at a time and the visa will be good for 90 days from the date of first entry.
A US visa is dynamic. It can be valid for one year but the length of stay is determined by the immigration officer at entry. They will ask the person what the reason for the trip is then stamp the passport for however much time they feel is reasonable. The US gives a lot more discretion to the immigration official. Normally they give six months semi-automatically, much better deal than the 30-day stuff
KJ's friend is probaly confused. Maybe one too many chicken wings that day ? |
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Renovator
SuperStar


Joined: Apr 18, 2007
Posts: 1430
Location: Century Park & MA,USA
Status: Offline
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Posted:
Oct 13, 2009 - 08:47 AM |
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| Post subject: Re: suprising issue on business visa |
| KJ wrote: |
I had a friend tell me yesterday that a visa officer told him that on his 90 day business visa, each time he leaves China and returns, he has 90 days from the date on the red stamp in his passport.......can that be so????
If it is, when is the cut off? When does the visa actually expire if you can keep getting 90 days after each exit during the visa period.....????
I know that most people just leave at the end of 90 days and renew, but could all those people be misunderstanding the law? |
A Chinese business (F) visa has three important components that govern a trip to China.
First, the enter before date. This is the last date that China will allow you to enter the country on that visa and that date is given up to 2 years from the issue date of the visa.
Second is entries. Single entry (S) allows you to enter only one time before the enter before date is reached. Muliti entry (M) allows you to come and go in and out of China as often as you want before the enter before date.
Third is duration of each stay. Normally 30 days unless a longer period is requested and justified. The maximum duration of stay has recently been reduced from 180 days to 120 days. That means that if you have 120 day stays, you can stay in China from 1 to 120 days on each visit.
It appears that your friend has a multi entry 90 day duration for each stay based on your comments above. |
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KJ
Rocker


Joined: Sep 28, 2005
Posts: 731
Location: Shanghai
Status: Offline
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Posted:
Oct 13, 2009 - 08:50 AM |
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...but according the him....the officer said he has 90 days from each entry..... |
_________________ Bubba's: Smokin' the Good Stuff Since 1996 http://www.bubbasasia.com |
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leidelaohu
Board Lord


Joined: June 11, 2007
Posts: 5751
Status: Offline
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Posted:
Oct 13, 2009 - 08:59 AM |
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| KJ wrote: |
| ...but according the him....the officer said he has 90 days from each entry..... |
Yes, and ? That's what Reno just said. Duration of stay 90 days, multiple entry. The part he is forgetting is the overall validity of the visa. Perhaps one year, less likely two. He can do as many 90 day stays as he likes up to the overall duration of the visa.
The only time this may prove tricky is if he enters the country three weeks before the visa itself expires. Then the date of the visa predominates, I think. He loses anything of the per-stay past the end date of the visa itself. |
Last edited by leidelaohu on Oct 13, 2009 - 09:01 AM; edited 1 time in total |
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KJ
Rocker


Joined: Sep 28, 2005
Posts: 731
Location: Shanghai
Status: Offline
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Posted:
Oct 13, 2009 - 09:01 AM |
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bhbernstein
Reacher


Joined: July 28, 2009
Posts: 346
Status: Offline
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Posted:
Oct 13, 2009 - 02:28 PM |
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| Post subject: Re: suprising issue on business visa |
| Renovator wrote: |
| KJ wrote: |
I had a friend tell me yesterday that a visa officer told him that on his 90 day business visa, each time he leaves China and returns, he has 90 days from the date on the red stamp in his passport.......can that be so????
If it is, when is the cut off? When does the visa actually expire if you can keep getting 90 days after each exit during the visa period.....????
I know that most people just leave at the end of 90 days and renew, but could all those people be misunderstanding the law? |
A Chinese business (F) visa has three important components that govern a trip to China.
First, the enter before date. This is the last date that China will allow you to enter the country on that visa and that date is given up to 2 years from the issue date of the visa.
Second is entries. Single entry (S) allows you to enter only one time before the enter before date is reached. Muliti entry (M) allows you to come and go in and out of China as often as you want before the enter before date.
Third is duration of each stay. Normally 30 days unless a longer period is requested and justified. The maximum duration of stay has recently been reduced from 180 days to 120 days. That means that if you have 120 day stays, you can stay in China from 1 to 120 days on each visit.
It appears that your friend has a multi entry 90 day duration for each stay based on your comments above. |
this is all true.... maybe the customs officer was looking for a little gift? |
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Renovator
SuperStar


Joined: Apr 18, 2007
Posts: 1430
Location: Century Park & MA,USA
Status: Offline
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Posted:
Oct 13, 2009 - 03:13 PM |
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What is actually interesting is that a one year visa, for example, can actually allow you to stay in China for a longer period of time. If, you just received a 1 year visa today, the enter before date will be vaild for 1 year from today. If they gave you a maximum duration of stay of 90 days, you can enter on the last day and stay for 90 days, which in effect gives your visa a validity of 15 months. I don't think too many people realize that. |
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leidelaohu
Board Lord


Joined: June 11, 2007
Posts: 5751
Status: Offline
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Posted:
Oct 13, 2009 - 03:23 PM |
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| Renovator wrote: |
| What is actually interesting is that a one year visa, for example, can actually allow you to stay in China for a longer period of time. If, you just received a 1 year visa today, the enter before date will be vaild for 1 year from today. If they gave you a maximum duration of stay of 90 days, you can enter on the last day and stay for 90 days, which in effect gives your visa a validity of 15 months. I don't think too many people realize that. |
Ah. Thanks for the correction. It's probably an oversight tho so I wouldn't spread the word around too much  |
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shanghailuv
Reacher


Joined: Feb 23, 2009
Posts: 228
Status: Offline
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Posted:
Oct 13, 2009 - 05:44 PM |
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| leidelaohu wrote: |
| OZDave wrote: |
| A friend went to the states with a one year visa, his passport was stamped with six months on entry and he got into all sorts of problems.. |
The US uses a different system from China. China visas are static : if the visa is good for 90 days with 30 day lengh of stay per trip and six month validity, then the first trip must be within 6 months from date of issue, you can stay within China for 30 days at a time and the visa will be good for 90 days from the date of first entry.
A US visa is dynamic. It can be valid for one year but the length of stay is determined by the immigration officer at entry. They will ask the person what the reason for the trip is then stamp the passport for however much time they feel is reasonable. The US gives a lot more discretion to the immigration official. Normally they give six months semi-automatically, much better deal than the 30-day stuff
KJ's friend is probaly confused. Maybe one too many chicken wings that day ? |
Right...
The US visa is issued by the State Department while the length of stay on each entry is decided by Homeland Security Department. You cannot overstay the period given by officers at the port of entry..if you do then you will be in trouble even if your visa is valid for 50 years on your passport....Homeland Security officers (officers at the port of entry) may deport you even you have valid US visa if they think you have any problem....They are very powerful at this point I guess..... |
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leidelaohu
Board Lord


Joined: June 11, 2007
Posts: 5751
Status: Offline
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Posted:
Oct 13, 2009 - 06:31 PM |
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| shanghailuv wrote: |
| [.Homeland Security officers (officers at the port of entry) may deport you even you have valid US visa if they think you have any problem....They are very powerful at this point I guess..... |
Always have been INS has broader powers than just about any other law enforcement agency in the US. Been that way for decades.
Do me a favor tho and don't say "homeland security." Makes me vomit, sieg heil  |
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ghinn8
Lurker


Joined: Sep 09, 2008
Posts: 33
Status: Offline
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Posted:
Oct 31, 2009 - 12:16 AM |
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this kind of F visa is not so new, really... and it's not limited to US citizens only. i've seen it with a former colleague who's australian (3 years ago). what he had was an F visa multiple entry valid for 1 year with a 60 days maximum stay per entry. so what he did was, every 2 months he went out of china (via hong kong) so that he won't be penalized for overstaying. he did that for 1 year, and after that, got himself a new visa. |
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hayansekki724
Squeeker

Joined: Nov 09, 2008
Posts: 15
Status: Offline
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Posted:
Nov 04, 2009 - 03:09 AM |
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| leidelaohu wrote: |
| Renovator wrote: |
| What is actually interesting is that a one year visa, for example, can actually allow you to stay in China for a longer period of time. If, you just received a 1 year visa today, the enter before date will be vaild for 1 year from today. If they gave you a maximum duration of stay of 90 days, you can enter on the last day and stay for 90 days, which in effect gives your visa a validity of 15 months. I don't think too many people realize that. |
Ah. Thanks for the correction. It's probably an oversight tho so I wouldn't spread the word around too much  |
Renovator and TiredTiger, thank you both for your constructive and informed input. (On this and other topics as well)
The last day of entry on a fixed term visa is the last day you can enter the country, and from then the time you can stay is governed by the "duration of stay", which has always been 90 days for me but I hear it's down to 60 for some and even 30 days for others. Renovator is correct, if the visa is from Dec 31 2009 until Dec 31 2010, you can enter China up to and including Dec 31 2010, and stay until ~ March 30 2010. I know this from my own and others experience, and it is easily confirmed at the local police station 派出所 whenever you register your residence after entering the country. Of course the Chinese consulate web pages never give this detail of information, but it is also confirmed in the FAQs from most of the visa agencies websites. The case in question was not an oversight. |
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bus3
LoopKicker


Joined: July 25, 2004
Posts: 978
Location: Here and there
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Posted:
Nov 04, 2009 - 03:24 AM |
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| hayansekki724 wrote: |
| leidelaohu wrote: |
| Renovator wrote: |
| What is actually interesting is that a one year visa, for example, can actually allow you to stay in China for a longer period of time. If, you just received a 1 year visa today, the enter before date will be vaild for 1 year from today. If they gave you a maximum duration of stay of 90 days, you can enter on the last day and stay for 90 days, which in effect gives your visa a validity of 15 months. I don't think too many people realize that. |
Ah. Thanks for the correction. It's probably an oversight tho so I wouldn't spread the word around too much  |
Renovator and TiredTiger, thank you both for your constructive and informed input. (On this and other topics as well)
The last day of entry on a fixed term visa is the last day you can enter the country, and from then the time you can stay is governed by the "duration of stay", which has always been 90 days for me but I hear it's down to 60 for some and even 30 days for others. Renovator is correct, if the visa is from Dec 31 2009 until Dec 31 2010, you can enter China up to and including Dec 31 2010, and stay until ~ March 30 2010. I know this from my own and others experience, and it is easily confirmed at the local police station 派出所 whenever you register your residence after entering the country. Of course the Chinese consulate web pages never give this detail of information, but it is also confirmed in the FAQs from most of the visa agencies websites. The case in question was not an oversight. |
I and also confirm this. I have a 1 yr visa and on any given trip I can stay up to 90 days. This was challenged by the local police when I registered my stay and I took the issue to the Shanghia Immigration people in Pu Dong. They confirmed I was right. |
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Renovator
SuperStar


Joined: Apr 18, 2007
Posts: 1430
Location: Century Park & MA,USA
Status: Offline
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Posted:
Nov 04, 2009 - 03:25 AM |
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| hayansekki724 wrote: |
| ....the time you can stay is governed by the "duration of stay", which has always been 90 days for me but I hear it's down to 60 for some and even 30 days for others. |
The standard duration of stay is 30 days. In theory if you want or need more than 30 days, you must request the longer duration of stay and offer an explanation of why you need the additional time. In practice, visa agencies have established guidelines of their own which they have agreed upon with the entity that issues their client's visas and pretty much automatically request the visa to be issued for 60, 90, or 120 days which is why some people that keep using the same agency keep getting the same duration. As a general rule, the maximum length of stay was reduced a few months back from 180 days to 120 days. Under duration of stay I requested the full 120 days on my last application and my visa was issued for 120 day stays without any explanations or justifications because the agency I use has an agreement in place for the 120 days with the unit that issued my visa. This is why it is important to shop around for the best agency to process your visa unless you want to do the legwork on your own. |
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