China Visa - For someone with a record
 

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?

Just have him apply for a visa ASAP, by the quickest method possible, putting "no" on the convictions question. He'll almost certainly get a visa, but if not, you'll have time to put someone else on the project.

This would be a very bad idea.

Why is it a very bad idea? Whats the worst that will happen, he says "no" but doesn't get a visa? Especially on an 18-year old charge?

Seriously, from a practical perspective, I think he can check no and the Chinese will never know that had an 18 year old larceny charge. I think we only share that information with Canada. Maybe with England. You know, with our friends.

It's interesting that the guy was honest enough to tell you, rather than just checking no himself. That's actually a good sign. A thief with a conscience.

For ordinary tourist and business visitor visas for US citizens' US passports, Chinese embassies/consulates don't extensively verify the accuracy of the answer to the criminal history question. I would be surprised if a false answer for that field were to be commonly caught when historically it has not been.

But a willfully false answer provided on Chinese immigration forms can have adverse consequences if the person is caught and found to have done just that.

The expected outcome is what it is for the employee.

For the employer, the risks may be different. The employer shouldn't encourage an employee to fill out the form with a willful misrepresentation, as it could come back to bite the employer from two directions: from the PRC and/or from the current employee if things go really wrong or the employee becomes disgruntled.

Oh believe me I am not encouraging any behavior right now for him. I am more curious if he could show up in China with a visa and then be denied entry or worse? I will probably have to get someone else to take over his project, but I also think he is going to fill out the visa with the no answer and take his chances.

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.

What happens if he answers yes to the criminal history? I assume it will be an outright rejection correct?

If he isn't a high profile person and gets the Chinese visa, the chances of being denied entry or worse are very, very remote even if he answers "no" to the question.

If he answers "yes" to the criminal history question, his chances for a rejection of the visa or a material delay in getting the visa increase tremendously but are far from certain too.

Just tick NO even if he killed JFK, China has no means to obtain that sort of info on western nationals (with no Chinese descent). A friend of mine was in a similar situation and easily got his 10 years visa, already been to China twice without any issues.

If he puts it on there it might save you some money when you can have the return portion of the flight refunded, when he gets incarcerated in China for lying on his Visa application! :eek:

But seriously, I see another problem: you are asking if HE should lie, but what about your culpability (in his and the Chinese Gov. mind)? What if something does go wrong whilst in China? Can he then somehow blame YOU? "He made me lie because I was needed in China for work."

On this note (and it appears to be the case) have you talked to HIM thoroughly about it? It's really ultimately HIS decision, not yours and he needs to be made aware of this.

Are you under the impression that China - or any other country - would jail someone for lying on a tourist/business visa app? That's a very high level of paranoia and unfounded fear.

If he gets a visa, he'll be fine. If he checks "no" on the question on the app, he'll get a visa. This really is a non-issue for the most part.

None issue, I know of more than one who has no problem.

They just want the money...

I apologize, the 1st paragraph of my post was meant facetiously (hence my leading with "but seriously" in second paragraph.)

I only mean to say that there is a POTENTIAL problem here, one that might have a negative outcome for OP. The employee appears to be honest enough to divulge his past indiscretions, which is good.
But it appears (IMO only) the employee is somehow passing the burden and decision on to OP, which is less good.

I may have not explained right, I am not going to advise him on the decision he should make, I am more curious if he does this (and he will have to make this choice on his own), what could happen vs. the likelihood of anything happening.

Form what I am hearing it is probably a non-issue, they just want the application fees.

I think that's really unlikely.