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-   -   China Visa - For someone with a record (https://www.flyertalk.com/forum/china/1765540-china-visa-someone-record.html)

MSPeconomist May 17, 2016 10:16 am


Originally Posted by DENflyer3 (Post 26617039)
Here is an interesting one, I just found out that one of my employees has an old Larceny Charge, about 18 years old. We are doing a presentation in Beijing in about 7 weeks. Sadly I need him on this as it is his project. I found out about this today when he realized he has to get a visa for entry and they ask if you have been convicted of something etc.

So here is the question, I assume he will not get the visa if he puts it on there, should he lie about it and hope they do not check or other advice?

I hope I posted this in the right place. Any advice appreciated? I assume they do not cross reference applications and such, isn't just for tracking purposes of who enters and exits the country?

Were you aware of this when he was hired? It's common for job application forms to ask whether one has ever been convicted of a felony. This case is one example where the answer can be relevant to job requirements, even if the employer isn't concerned that the person will commit another crime.

oliver2002 May 18, 2016 2:34 am

I would state that he was convicted of larceny (also spell it out ie say its 'non violent theft') and attach some sort of paperwork showing the crime was duly processed by the legal system and is history for all practical purposes.

catocony May 18, 2016 8:33 am

It is history, pretty ancient in fact.

Quokka Jun 3, 2016 11:02 pm

Why bother with a visa at all?

Wouldn't use of a XX-hour TWOV transit along with a return via another country (e.g. Japan, HKG, TPE, etc) provide enough time to do his presentation?

uanj Jun 4, 2016 10:56 am

OP, did anyone call the Chinese Consulate with this question? The last time I applied for a visa in Washington I got to overhear several people applying for visas who had police records. I do not know what happened but the receiving consular office both times I heard said that the offense should not be a problem. I did not hear the others but no one left upset.

There are multiple risks here, however small. If the employee's record is discovered it may be very difficult for him to enter China again for a long time. I also hope you have checked with your HR team about the employee's admission to you for your sake.

jphripjah Jun 4, 2016 8:56 pm


Originally Posted by Quokka (Post 26726219)
Why bother with a visa at all?

Wouldn't use of a XX-hour TWOV transit along with a return via another country (e.g. Japan, HKG, TPE, etc) provide enough time to do his presentation?

Perhaps you can't use TWOV if traveling for business.

moondog Jun 4, 2016 9:58 pm


Originally Posted by jphripjah (Post 26729979)
Perhaps you can't use TWOV if traveling for business.

Source, please.

tomnativenewyorker Jun 12, 2016 9:49 pm


Originally Posted by DENflyer3 (Post 26620383)

On a more personal note, it happened when he was 19, he did not get a lawyer, and made a stupid mistake. Now I am worried he is going to make a worse mistake.

So, since your original post you stated you just found about this. Does that mean he lied on his employment application? How would your company like it if he was asked and lied in response? Do you even ask that as part of the hiring process?

Now as far as the original concern, have him answer the question and if he is denied the visa, so be it. Send someone in his place.

People say that China has no way of knowing his background, but I would be do sure of that with all the hacking issues we read about in the news.

YuropFlyer Jun 13, 2016 1:20 am

As much as I suggest not to lie ever when it comes about Visa / Travel issues in general, we're talking about a low-level crime that happened 18 years ago. In most countries, after a certain while a criminal record - depending on the severness - gets wiped. I think it's fair to say that 18 years for a "light" crime is above that wipe period.

Now while he technically might still be not telling the truth, I'd say he can tick that "No" box with good intend. No need to try to be more holy than the pope himself I'd say.

Euphonix8 Jun 21, 2016 10:46 pm


Originally Posted by Quokka (Post 26726219)
Why bother with a visa at all?

Wouldn't use of a XX-hour TWOV transit along with a return via another country (e.g. Japan, HKG, TPE, etc) provide enough time to do his presentation?

TWOV is for transit, not for business or employment. You would be better off checking no to the criminal history and at least getting the proper visa than being caught in a business conference with no visa in your passport if they were to decide to to passport checks outside the hotel / convention center.

moondog Jun 21, 2016 10:55 pm


Originally Posted by Euphonix8 (Post 26813447)
TWOV is for transit, not for business or employment. You would be better off checking no to the criminal history and at least getting the proper visa than being caught in a business conference with no visa in your passport if they were to decide to to passport checks outside the hotel / convention center.

Where did you hear conducting business during transit was not permissible? (This is news to me.)

Quokka Jun 22, 2016 1:44 am


Originally Posted by Euphonix8 (Post 26813447)
TWOV is for transit, not for business

Either you're very wrong on that or you should inform The General Station of Shanghai Immigration Inspection (GSSII).

"The GSSII and and its affiliated immigration inspection stations are the main authority to implement the 144-hour visa-exemption transit policy" [for Shanghai].

And on the GSSII web site there's their press release mentioning ...
In a comparison with its previous incarnation, the 72-hour visa-exemption transit policy which came into effect on January 1, 2013, this latest 144-hour visa-exemption transit policy represents breakthroughs in many areas and boasts many eye-catching aspects. First and foremost, the length of time for visa-exemption stay is extended considerably. With the previous 72 hours doubled, foreign passengers would have ample time to conduct short-term activities such as businesses , sightseeing, visits and exhibitions while in Shanghai.
http://sh-immigration.gov.cn/listPag...?lx=40&id=4414

DENflyer3 Oct 9, 2016 11:30 am

FYI - I wanted to provide an update on this topic for the curious

Employee decided to check "NO" on his VISA application. It came back with no questions asked. He also checked the same on the entry card. It seems they only cared about getting the VISA fee. It was a breeze for him. I did enjoy watching his nervousness as we went up to customs however.

We also traveled to HKG and HND on the way back. He simply filled the entry card with no to "criminal record" questions. No problems on any entry.

anacapamalibu Oct 9, 2016 4:29 pm


Originally Posted by DENflyer3 (Post 27323542)
FYI - I wanted to provide an update on this topic for the curious

Employee decided to check "NO" on his VISA application. It came back with no questions asked. He also checked the same on the entry card. It seems they only cared about getting the VISA fee. It was a breeze for him. I did enjoy watching his nervousness as we went up to customs however.

We also traveled to HKG and HND on the way back. He simply filled the entry card with no to "criminal record" questions. No problems on any entry.

They probably realize that US has the highest per capita imprisonment of any country in the world. Most likely, someone who isn't locked up and has a grand or more to spend on a r/t ticket won't cause too much trouble.:D

VisaC Oct 8, 2019 8:59 am

Thank you for the information. Very helpful!
Did your friend apply for a business visa or tourist Visa?


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