Ask Headmaster Ken

A private school has offered me a job as "headmaster" for it's international (CIE/ACT/ESL) programs. The school has a troubled history and is one of five owned by two brothers.

I have taught in China since 2007 with a U.S. partner program at Jimei in Xiamen and at a CIE school in Shanghai where I am now. My current school has a problem with extending my contract because of my age (65 in October).

As a manager/general manager/headmaster of the new place, I believe I may be able to qualify for an alien work permit since I bring unique abilities and contacts with U.S. schools to this troubled institution in need of a turnaround. I know that officially a Chinese citizen has to be headmaster, however, I will be delegated all administrative authority according to a draft contract.

Any insight on how to fix the visa/work Permit? I hold a Z-visa and residence permit now under a foreign expert's certificate, all of which expire at the end of June.

I have undergraduate degrees in history and business, an MBA and a PhD, and thirty years of experience in business. My references in China and the US are impeccable.

Thanks.

Dr. Ed Heresniak

Dear Dr. Heresniak,

There is no reason you cannot be issued a work visa at your age. Whether an alien work permit or Foreign Expert permit is not particularly important.

It is only important that the institution only be able to issue the visa. Your receiving institution should transfer your current FRP prior to its expiration. This will normally require you to send your FE book and medical exam results to your new employer. In addition, you new employer will need to coordinate with you new employer on the details.

I wouldn't worry about any age restrictions.

Please see private message for further information not directly bearing upon your questions.

I appreciate your reply.

Your information is very different from what I am hearing from both my current school in Shanghai and the new place in Wuxi. Both have checked with the local issuing authorities in their jurisdictions and indicate an age restriction. This is a common complaint and hiring restriction posted for most China jobs requiring an expert certificate (see Dave's ESL Cafe). This is also what I was told by the recruiter (a legitimate search agency retained by the school, similar to Hayes), with whom I have kept in touch.

I also met with a Shanghai visa agent last night for some time and they too confirmed the restriction and tighter enforcement. They have a workaround, but it takes a little time and cost. We're pursuing that route now.

If you have a reference or some other pointer that I can refer my school to, I would appreciate it. While your assurance is heartwarming and encouraging, I don't have a way to use it to influence the local administrators.

Thanks again for your helpful reply.

Ed

Hello again Ed,

China is a country where laws are passed nationally and are interpreted and enforced locally.

By "interpreted and enforced locally" I mean "absolutely reversed if desired"

What this boils down to is that if one is willing, one can almost always, ultimately, convince those who interpret the regulations see the logic of interpreting them in a way consistent with one's own outlook.

It requires the skills of a good negotiator, and patience.

If your school is committed to hiring you, I am confident they can find a way. China is a land of legal hurdles, not barriers.

Quoting regulations to officials is a pointless exercise. Whether the laws are real or imaginary is not material. As one official once informed me, "In this city, I am the law." He was serious, and correct.

My advice is never get upset when informed something is "very difficult" or "impossible". Just keep persisting and let those who are negotiating the path forward do their jobs.

My personal motto in these situations is, "All refusals cheerfully ignored."

On the positive side, this is a good opportunity for your future employer to demonstrate his resourcefulness as well as his commitment to you.

Ken,

I appreciate your wise counsel.

My current school is new, associated with Fudan University and co-located with one of the top high schools whose headmaster is a prominent figure in the Party and represented Shanghai schools at the Party Congress in Beijing. So they are all on the radar and very conservative.

The proposed school is in trouble with the municipal government for misusing funds such that the municipal government escrows tuitions and doles them out as required with an appropriation process. So they are also high on the radar.

We will see what happens. I thought you might know something specifically other than "This is China" which I am quite familiar with.......no harm, no foul.

BTW............Private message where? Nothing shows up here.

Ed

Ed,

Earlier, I was going to send you a private message, but then decided to send it as an email to ensure you'd see it. Which you did. So ignore the private message bit.

It sounds like your school is well positioned to solve the issue. On the other hand, it seems you will really have your hands full turning things around.

I hope you'll stay in touch with us. You have an epic undertaking ahead of you and I'm sure you'll have experiences to share if you choose.

Ken Hayes, M.Ed. wrote:Ed,

Earlier, I was going to send you a private message, but then decided to send it as an email to ensure you'd see it. Which you did. So ignore the private message bit.

It sounds like your school is well positioned to solve the issue. On the other hand, it seems you will really have your hands full turning things around.

I hope you'll stay in touch with us. You have an epic undertaking ahead of you and I'm sure you'll have experiences to share if you choose.

Ken, I'm a writer (14 years for The Conference Board Review), so I'm sure to make a record.................

Thanks for your counsel.

Ed