A while back I mentioned that I’m on a student visa as an Olympic-era expedient.

Now that I’ve completed my “semester studying,” I thought I’d review how this went for any others who might want to use this method to stay in China for business purposes.

First off, why would any businessman want to get a student visa?

As foreigners on the ground here in China are well aware, multiple entry F (business) visas have come under fire. In the run-up to the Olympics it has been impossible for some to get such visas for any significant duration of time. It also can be difficult to get Z (employee) visas. For instance, the All Roads Lead To China blog reported that anyone born after 1983 can’t get one.

For many foreigners serious about staying in China lately, various visa options have to be considered.

The one I opted for was a student visa for the following reasons:

• It is multiple entry
• It lasts as long as you “matriculate.”
• It allows me to stay through the Olympic period.
• No visa trips to Hong Kong or anywhere else inconvenient for renewal.
• I wouldn’t have to get an employee (Z) visa through a Chinese CEO friend, and then owe a lot of favors.
• I wouldn’t have to set up my own registered company yet in China to get a visa, which would have required a sizable investment. This was especially important initially because my business – which revolves around this website – was new, and I wasn’t sure whether advertising would sustain it. If not and I got registered officially, I would have wasted a lot of money. Instead, I have looked at this initial period as market research, and now am indeed looking to expand. Although I could have set up a representative office for market research, I probably would have had to pay taxes on expenses, and waste a lot of money. Why not do like the Chinese do and work around the law? There’s no law against operating a website in China. So I’m just a student with a website, as far as the government needs to know.
• No one is paying me for anything in China, so technically, I don’t think I’m breaking the law by “working” on a student visa.

My student visa became active on March 19. For about three months, I showed up to class twice. Had I found visa manna from heaven?

Not exactly.

Beginning in mid-June, a professor began to call. Where had I been? Why haven’t I been to class? I didn’t want to reveal that my plans were more business-oriented, so I just said I was busy.

Well, from then on, I had to come to class. Otherwise, I was warned, my visa would be revoked.

I was flustered. How was I going to keep up with day-to-day work and go to class? It didn’t matter how. I would have to bite the bullet and do it if I wanted to stay in China.

The first subsequent day that I showed up to class, I was shocked. Previously, the class had been sparsely populated with Mongolian prostitutes who also needed visa remedies. Now, it was full of them. Apparently, others had gotten warning calls too. But at least – with classes beginning at 1:30 p.m. - it didn’t affect their work schedule.

I still cut a lot of class. I went three times a week at most, and on those days, while others had tea breaks, I got the hell out of there. Three hours out of the work day is a chunk of precious time.

Last Thursday, I received a paper from the school explaining new policies related to keeping a student visa during the Games.

I would have to pay a deposit of 500 RMB by July 5 for the semester starting in September in order to keep my visa through the Olympics. Otherwise, my visa would be nullified shortly.

The notice illustrated just how flimsy regulations are in China. When I initially got my visa, it was good until September 1, and the school said I should have no problems related to staying through the Olympics. Now, unless I paid up, my visa would be taken away. I paid quick.

I also was told that if I went anywhere during this period – say, vacationing to Vietnam – I would have to let the student affairs office know. And also contact them upon return immediately.

The school administration was apologetic, suggesting these were some out-of-the-blue government regulations related to Olympics security.

I used that as an opportunity to say that I wouldn’t be taking final exams this week. No problem. But would I be coming to the end-of-the-semester lunch party?

Of course I would.

Guanxi, baby, guanxi.

Overall, I’d say the student visa for business exploration in China worked all right. I’d give the approach a B++. Not an A because of the end-of-semester headaches. Not a C because the average foreigner probably had a lot more visa worries than me.

And the ++? For zero taxes paid on expenses, and no locked up registered capital in an office structure that might not work.

Until there’s a better visa ambience in China, I’d recommend this approach for the following people:

• Those who aren’t getting paid in China
• Those who are exploring new business potential for an extended period of time
• Those on a very limited budget
• Those whose schedules are flexible enough that they can commit to some class time if needed
• Those who aren’t afraid of living in a legal gray area (those who are, I’d suggest packing up and getting out of China anyway).

Who does this describe? I’d say it describes the really small-and-medium-sized-enterprise entrepreneur. If you’ve got a few hundred thousand to spend on business, I’d say go the legal office and visa route from the get-go. What’s a few extra thousand wasted in office setup and taxes? Petty cash, probably. But if you’re on a budget of thousands, like me, it’s time get on your belly and crawl through the China cracks. You’ll save a lot of money, and you might even end up speaking more Chinese.

Related:

• Open Letter to China Law Blog on Our Visa Situation

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