Ask Headmaster Ken

Hi All,

I entered China with a Z-Visa, and had it converted to a residence permit as I am currently working/residing in China.

My residence permit/Foreign Expert Certificate expire on June 30th, 2010, and I have already purchased a plane ticket home for July 1st, 2010.

My question: Do I need to get a tourist visa? Does my residence permit have a grace period?

Thank you!

Sincerely,

Eric

There is no official "grace period".

To be entirely legal and avoid potential issues, you should convert your FRP to an L visa.

Thank you for your quick reply, Mr. Hayes!

Sincerely,

Eric

Ken Hayes, M.Ed. wrote:There is no official "grace period".

To be entirely legal and avoid potential issues, you should convert your FRP to an L-visa.

Dear Mr. Hayes:

My university has informed me that the PSB is unable convert my current FRP to an L-visa. I was told that it is no longer legal to obtain a tourist visa after an FRP has expired. However, in recent history, it was possible. My university has instructed me to go with them to the PSB so that we can "extend" my FRP, and I can leave on July 1st.

Do you have any experience with or advice for a situation like this?

By the way, we're dealing with the Nanjing PSB, if that makes a difference.

Thank you very much for your help, Mr. Hayes!

Sincerely,

Eric

I am unaware of any change at the national level prohibiting issuing an L-visa after the expiration of an FRP.

However, your employer's offer is a sensible alternative and will keep you legal, which is really all that is important.

Also, depending upon your nationality, extending the FRP may well be cheaper than an L-visa (this is especially true if you are an American).

Thank you for your continued help, Mr. Hayes! I am extremely grateful.

One more question -- I hope.

My situation: I have applied to be a student in China starting Fall 2010, which means if my application is accepted, I will have to get a new residence permit and visa to cover the duration of my studies.

My question: Is it possible to extend my current residence permit for a single day, single week, or single month?

My concern: If the Nanjing PSB extends my current residence permit too far into the future, say two months or more, it might cause problems for me down the road if my application to study in China is accepted, and when I need to obtain a new residence permit to study in China.

Thank you, Mr. Hayes!

Appreciative,

Eric

Eric,

I think you need to sit down with your university representative and ascertain exactly what it is they plan to do for you.

I've never heard of an FRP extension after the fact or just short of expiration. The foreign residency permit is tied to your contract. It is possible for the university to extend your initial expiration date by a month or so at the time it is issued.

I have a hunch that what they plan to do is simply issue another short-term contract and pay for a renewal. As the FRP is tied to the contract, if they claim to need you for an additional month, I imagine they could have a single month FRP issued.

Instead of guessing what they plan to do, I would simply talk to them directly about it, making sure they are aware of your plans to return to China as a student.

Finally, if there is a new provision that prohibits foreign residents from downgrading to a tourist visa, it must be really new because neither Ken nor I have heard of it, and I cannot find any evidence of this new law on the Internet. I have sent an e-mail out to our visa consultant, Gavin Xu, and will let you know what he reports.

Meanwhile, if you learn positively that the PSB can issue an extension of the FRP without a contract renewal, I would appreciate it if you would let us know because I have been specifically told that this is not possible, at least not in Hainan and Guangdong Provinces.

Hi Dr. Greg!

Long time no talk!

Thank you for your response to my inquiry.

I went to the Nanjing PSB today, and this is what they said to my colleague who works with the university and represents me: A) Due to the Shanghai World Expo, they are no longer giving tourist visas after foreign residence permits ("FRP") expire, and; B) The PSB is indeed able to extend a FRP for a day or two without a new contract, but only under the condition that a plane ticket home has been purchased, as is the case for me.

However, to extend the FRP for a single day for an American, it costs 940RMB. I feel like the Chinese government is giving me a pat on the back while putting their hand in my back pocket as I walk out of the door. So is life. At this point, I'll be super happy just to be able to legally leave the country.

I wasn't able to apply for the extension today as the Nanjing PSB told my colleague that one of the papers he has is not up-to-date, and he needs to go to the PSB near the university where I work, and get a new form. It's a small pink form on flimsy paper that said something like "Temporary Residence..." something something.

I'll let you know if anything arises when we try to apply again on Friday.

Thanks again, Dr. Greg!

Sincerely,

Eric

Thanks for all this information Eric. It explains the limited condition under which a foreign residence permit can be extended and also the temporary restriction in FRP to L-visa downgrades. I imagine things will go back to normal after the Expo closes.

Nine hundred forty yuan for a one-day extension? Wow. The downgrade to a one-month tourist visa costs 1200 for an American.

Hello Eric:

Just to be sure, checked with the local PSB today regarding the claim that obtaining an L-visa upon the expiration of the FRP is no longer possible.

The PSB say you can get an L- or F-visa among others, no problem. They never heard of such a claim.

I leave it to you to judge. If you have a Chinese speaking friend, have them take you personally to the PSB. You don't need your school to convert to an L-visa.