I will be posted by my western employer to assist the office in Shanghai. We have only set up a small trading company in China as most of our business there is done direct from HQ.
Should I have the Shanghai office apply for a work permit as if I were employed there, or can I apply for work permit on the basis of being employed by HQ, and simply stationed in China? I'm not sure our Shanghai office has enough capitalization or turnover to apply for a foreigner work permit...

I'm prepared to go to Shanghai first on an F visa and go out to HK or Macau to get the Z visa later.

Only a company incorporated and licensed in China can help you obtain a work permit / visa.

The visas you get from HK are not "really" legal, you should get a business visa if you travel to and from China all the time. The registered capital to obtain visas are 100.000,- RMB (but it doesn't allow you to sponsor many expats!)

It's illegal to work or form a part of a representative office on an F visa.

Business visa is OK as you're saying that you have a trading company here and your salary is paid overseas.

No. If you perform income producing labor in China -- regardless of where you get paid -- you will get FITA without a work visa.

underh20 wrote:No. If you perform income producing labor in China -- regardless of where you get paid -- you will get FITA without a work visa.

OK, but how does this answer my question?

Our local office say they can apply for a work permit for me, but that I have to leave the country to get it. Something about the amount of capital investment. Does anyone know if this is correct, and if it is, what loopholes exist. If I do have to leave to get this work permit, is HK or Macau considered a trip out, or do I have to go to a 'real' country, or do I have to go 'home'?

I never had to leave the country to get a work permit. I came in on an F visa, then changed that to a residence permit and work visa. When I renewed the work permit and residence permit, I also did not have to leave the country.

I hear about people 'having to leave', they seem to most often go to HK.

electric_bill wrote:

underh20 wrote:No. If you perform income producing labor in China -- regardless of where you get paid -- you will get FITA without a work visa.

OK, but how does this answer my question?

Our local office say they can apply for a work permit for me, but that I have to leave the country to get it. Something about the amount of capital investment. Does anyone know if this is correct, and if it is, what loopholes exist. If I do have to leave to get this work permit, is HK or Macau considered a trip out, or do I have to go to a 'real' country, or do I have to go 'home'?

Right. Companies that have significant amounts of paid-up capital are given much more flexibility when processing work visas and the like.

CoffeeHawk_0 wrote:I never had to leave the country to get a work permit. I came in on an F visa, then changed that to a residence permit and work visa. When I renewed the work permit and residence permit, I also did not have to leave the country.

I hear about people 'having to leave', they seem to most often go to HK.

I think that most, if not all, of the people who have to leave are caught in a limbo because of either their nationality, the amount of paid-up capital their employer has registered or similar concerns.