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How can I sort out my situation?

Last activity 05 December 2012 by Parmyd

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Someonelikeyou

Hi guys
I'm a french teacher, living in Saigon. I will skip the story about my coming in Saigon, and how I've been fooled by a fake friend's job offer. Until now I'm working as a private teacher (moonlighter of course). A precarious situation I would like to end asap. Like lots of people I'd like to get a suitable job and to pay taxes.

Now I realize I'm illegal, which makes me worried. I've read many threads on this forums and it seems there are experienced people here who could have good advice for me.

Actually my situation is probably very common, and it may concern a lot of expats in VN.

I'm in VN since december 2011. I entered with a 3 month multiple entry working visa (B3), which I renewed* 2 times in 2 different travel agencies (multiple entry, about 90$), and the last time the agency just extended* it, also for 3 more month (about 35$, simple entry). Just before the last procedure, I could go to Singapore and enter VN again without any remark from the immigration officers at the airport. So until last week, I didn't suspect that I could be illegal.

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(*)I don't know if I use proper terms, but what I call "renewal" is when they paste a new printed sticker, and "extension" when then just put a stamp, with a new date handwritten.
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Then I heard about expats getting caught by police and paying huge fines (10 to 20 millions) or being kicked out of VN... for life (is that true?) for being resident on a 1 year worker visa, without working permit (giấy phép lao động). My B3 visas are only 3 month, but it's probably similar since I've been there almost 1 year on B3 visas without working permit. I'm a noob about visas, I didn't even made a clear difference between working visa and working permit until recently.

From what I understand now, after 3 month with a B3 visa, I was supposed to get a working permit, or... to leave VN. I didn't know that, and none of these agencies told me. How can these agencies get a visa for you if they don't show the required working permit???  Anyway, the fact is I've spent 3+3+3+2 months here, apparently with only 3 months without infringing the law. Do I risk to be blacklisted, as some people say? The only thing I want is to get legal again.


That's where I need your advice and infos. Tell me if I'm wrond but it seems that I should get rid of this working visa and get a tourist visa instead. With a tourist visa I could keep giving private lessons for a while. That would not be legal, but not reprehensible either (right?). Then when I get a real job, the compagny would probably help me to demand a long term working visa + a working permit.

I suppose that I can't transform my working visa into a tourism visa, so I'm planing to go to Phnom Penh get a 6 month tourist visa (according to some of you guys, it seems to be possible). Will this solve my problem?

Practicle question : when in Phnom Penh, I'd like do do things as well and quick as possible. Should I go directly to the VN Ambassy, or are there somme better ways to do? How long does it takes, and is there anything special to know in order to avoid losing time, or my demand being denied.

Hem... sorry it was pretty long, I hope you're still awake. Thanks in advance for your advices and ideas.

l3ully

You will have to face the facts and possible consequences.
B3, entry, look for job, get the paper sorted, one more 3 month extension - is to my understanding the official. We all know, dozens of exceptions and different by localisation and nationality.
If I would be you, I would either:
- try to go to Cambodia, if someone ask, smile a lot and ask, how much to fix. Possible with a doctors certificate ...... (not fit to travel .. before?)
- depending on the age/pages left in your passport, you might be able to ask a new one (wiping off some old track)
- there are (travel) agents,  who can fix that (local) for you (I know someone, who overstayed a 3 month tourist visa a bit over 2 years) and that was "fixed" for an envelope and required a ticket out - on further overstay 'something' else would happen. Not defined as what.
He actually did have to leave for medical reason (almost one year), with the same passport, he just 2 weeks did re-enter Vietnam - NO PROBLEM.
- Another option - downgrading your Visa - standard tourist = 3 month and another 2 extensions of the same time - than YOU MUST leave.

Personally, I would think, the first two options might be the better ones, as you would not rely on some dodgy friends.

Best of luck anyway-however you choose

Someonelikeyou

Hi l3ully, thanks for your answer. I'm not native english speaker and need

l3ully wrote:

If I would be you, I would either:
- try to go to Cambodia, if someone ask, smile a lot and ask, how much to fix. Possible with a doctors certificate ...... (not fit to travel .. before?)


What do you mean by "fix". If I make a tourism visa in Cambodia then I will still have anything to fix?
I don't understand what a doctor certificate can help me about.

l3ully wrote:

- depending on the age/pages left in your passport, you might be able to ask a new one (wiping off some old track)


Still a lot of pages. I can "lose" it in Cambodia, but it may be long and complicated to ask a new one. You think it's necessary to wipe the tracks? They may bother me even years after, when I have a regular situation?


l3ully wrote:

- there are (travel) agents,  who can fix that (local) for you (I know someone, who overstayed a 3 month tourist visa a bit over 2 years) and that was "fixed" for an envelope and required a ticket out - on further overstay 'something' else would happen. Not defined as what.


Again, what do you mean by "fix" in this case? Because using travel agents is precisely what I've been doing until now, and that's precisely the way they do which seems not legal. Right now I'm under a visa extension made by a travel agency, after 2 other visas also made by travel agencies. I didn't overstay any day on any visa, that's not the problem. The problem is I have visa B3 but not the working permit required to have a visa B3.

Nobody told me "no you can't ask for a B3 again if you don't have a working permit". I suppose that was my duty to know it, but I didn't.

l3ully

- ones you are sick and have to stay in bed - you might not be fit for travel

- as you are still in time- it's a B3, you have in theory to leave the country, many agents can get you a new visa. No problem on this one.
In fact, despite it says you have to, I do not know anyone who really had to. The agents have their connections somehow - use them or spend a weekend or whatever out. It's only a short trip and gives you time to relax.
You might have issues in getting a new B3, that the embassy in PP will decide- what is issued from there is quite random, but as European, you should not really have to worry.

A B3 - despite called business visa - is still not legally sufficient to work, so you can do, whatever you do also on a normal touri visa - single visa, renew it twice.

The same is on the border, when you come in. There are still guys, who come back with a 12 month Visa from PP, others get it cut down at the border entry, others not.
You will have to find out.
Always appreciated also in PP is a small envelope in the passport/20 USD will surely support your visa request.

Jaitch

Overstaying is an administrative fine. After 10 days overstaying they will sell you a 10-day visa and ask that you visit a court.

It is far better you locate a VN doctor who will write you a prescription that says you were unfit to travel because of dysentery.

Your story is not clear, at least not crystal clear.

Basically, if I read you correctly you were here on B3 (Business) visas. These visas are only different in as much as they make it legal for your to, say, represent an outside company, or scout investment situations in VN.

The ONLY thing they do not permit you to is to WORK, as an employee, in VietNam.

QUESTION: Do you presently possess a valid visa (of any type) AT THIS TIME?

When you answer this I will give you suggestions via PM. I have always thought it unwise to discuss quasi-illegal things in public.

Someonelikeyou

Thanks Jaitch and l3ully for your replies

Jaitch wrote:

Your story is not clear, at least not crystal clear.
(...)

QUESTION: Do you presently possess a valid visa (of any type) AT THIS TIME?

When you answer this I will give you suggestions via PM. I have always thought it unwise to discuss quasi-illegal things in public.


Sorry if my story is not clear.

I do possess a valid visa righ now, and since I came to VN I never overstayed, and always demanded a renewal/extension before the visa expire. And officially, I didn't work during all my stay in VN until now.

When I say I'm illegal, it's because I'm on my 4th B3 visa and I don't have a working permit. And I've heard (then I checked the legal texts) that staying in VN more than 3 months with a B3 visa is only allowed to those who got a working permit. Otherwise after 3 month expats with a B3 visa can't renew or extend it, they have to leave the country. Before I didn't know about the necessity to have a working permit. And I'm surprised that I could get all these B3 visa without anyone needing to check I had the working permit.

Summary :
1. In december 2011 I entered VN with a 3 months multiple B3 visa (I thought it was necessary to have a B3 visa in order to work legally in the language center). It was a  sticker, same as each time I got a visa to VN in the past.
2. In march, as the language center didn't raise the finger to help me sort this out, I've been in a tourism agency and got a new 3 months multiple B3 visa. As it was a sticker again I concluded it was a renewal, not an extension.
3. In june I got a new 3 months multiple B3 visa, also a sticker, from an other tourism agency (the one I used before mysteriously disappeared).
4. In september I got an extension for 3 months single, until december. It was in the same agency. That time it was much cheaper, and I just got a stamp like this, that's what I call an extension (with clearly written "Stay permit extended up to..."). There was no sticker. I asked the guys in the agency about this, they said it was normal for just a simple entry visa extension. I don't know if the extension is B3 as was visa whom it extends.


EDIT : Until right now, I thought I got 3 independant visas (like those you demand from outside of VN) and 1 extension on the last visa. But... while looking again in my passport, I've just noticed that for the 2 previous renewal, there was a sticker AND a stamp (these stamps are the same as the last one, with the handwritten dates as printed on the corresponding sticker). It would mean that I'm on my third extension? :o Is it legal for a B3 visa to be extended 3 times?

Wild_1

Someonelikeyou,

As long as your papers are current, don't sweat yourself too much.  You have not violated any Vietnamese stature.  But, on your next visa or extention, I highly recommend that you consult with a Vietnamese immigration official.  Bring a knowledgable Vietnamese friend, if you can, and travel to Cambodia, if that is what the immigration official tells you to.

Best wishes,
Howie

Someonelikeyou

Thanks for your encouragement Howie

So I shouldn't worry now even with my 3 times extended visa?

And about the last extension, is it normal that I got only a stamp, and not an unforgeable sticker like the 2 other times? This stamp alone looks like something I could have done by myself, I'm surprised that an official procedure could be certified by such a weak track.

If it can wait until then I'll probably go to Cambodia at the end of my present visa and make a tourist visa, I'm not ready to show my weird situation to officials.

Wild_1

Someonelikeyou,

As long as you are certain that the stamp on your current stay did not come from a back alley, yes-until it expires, you have nothing to worry about. 

With that said, if you want to be in Vietnam beyond that, again-I highly suggest that you leave then re-enter Vietnam, with just a regular tourist visa.  You will save you some money and will be able to do almost anything in Vietnam, aside from getting into business.

I also recommend that you join one of the more reputable Cambodia tours in your location, pay a little extra and get the tour company to take care of your visa situation for you.  A good one will have the proper connections to see you through, and they will charge you next to nothing for that service.  But, do find a good one and give them some "coffee money" for their service.  They can save you from a lot.

If that is too difficult, then there are the Thailand tours.  I went on one and found that those guys were very good with their trades.

Hope this will help,
Howie

l3ully

Nope, I would not worry, as long you got the extensions from a legal source (not self made stamps ..)

Budman1

@Someonelikeyou, like everybody's been saying I wouldn't sweat it to much as long as the little blue stamp is legit. My wife and I both have VEC's but have been extending them 3 months at a time for going on 4 years now. That's all we get is the stamp with the immigration officials signature. If you can post the stamp on the forum some how I'll compare it with ours. Just an offer.

Jaitch

l3ully wrote:

extensions from a legal source (not self made stamps ..)


Weird. There is ONLY one source - Immigration Police in any province - must be a Nha Trang thing (self made stamps).

All the data is only the largest computer in VN - Internal Security - and every district Cong An / police station has access to it right across the nation.

Besides, whenever you stay at hotels (except in TP HCM) every night visas are checked when the registers are filed.

Someonelikeyou

Wild_1 wrote:

(...) I also recommend that you join one of the more reputable Cambodia tours in your location, pay a little extra and get the tour company to take care of your visa situation for you.  A good one will have the proper connections to see you through, and they will charge you next to nothing for that service.  But, do find a good one and give them some "coffee money" for their service.  They can save you from a lot.(...)
Hope this will help,
Howie


Thanks again. Your posts are helpful and reassuring. I'd be glad if you or anyone here could PM me a reliable agency to do that.

l3ully wrote:

Nope, I would not worry, as long you got the extensions from a legal source (not self made stamps ..)


How can we know if a stamp is from a legal source? What I know is that I got it from the same agency who made the previous extension for me (one with a stamp + an official sticker). All these stamps are so simple (basic design, normal blue and red ink) that anyone could go to stamp shop and ask them to make a similar stamp, then sell to naive foreigners fake visa extensions. There is no serial number on it, that's what makes me sceptical.

Stickers would be much more difficult to imitate because it's high-quality print, and impossible to falsify because there is a serial number which can be checked by the immigation officials. Hopefully I still have the bill of the agency for my last demand. I'll check that.

Budman1 wrote:

(...) If you can post the stamp on the forum some how I'll compare it with ours. Just an offer.


Hi Budman1, I have sent a pic in my 2nd post, you can compare with your stamp and tell me :

http://img171.imageshack.us/img171/6563 … onvisa.jpg

Budman1

Yep that's a good one. Matter of fact the officials initials on the stamp are the same one I have on mine.

l3ully

Jaitch wrote:
l3ully wrote:

extensions from a legal source (not self made stamps ..)


Weird. There is ONLY one source - Immigration Police in any province - must be a Nha Trang thing (self made stamps).

All the data is only the largest computer in VN - Internal Security - and every district Cong An / police station has access to it right across the nation.

Besides, whenever you stay at hotels (except in TP HCM) every night visas are checked when the registers are filed.


Can you make a single post, without letting a shit up? I have seen many santas, but you might be able to top them.
Next time, you explain please how large is the largest computer, I need a lough today

Someonelikeyou

Thanks again to all of you, and Jaitch in particular for detailled infos.

I've been to Phnom Penh to make a new visa. I got it, 6 month multiple entry as I asked. But:
- I asked a tourist visa and got a B3 visa instead.
- it cost 160$, which seems to be more expensive than the prices I could read elsewhere on this forum.

So I may be obliged to leave the country again after 6 month instead of just extending a tourist visa.

I was surprised how fast was the "fast service". With 20$ more, I could have my visa in less than 20 minutes...
The guys were kind, but since I didn't had a receip for the 160$, I can't say if that's the right fee or if they overcharged me.

Ashard Deen

Someone like you - You're kosher, nothing to worry.

Budman, i've been renewing every three months too! Only downside is we will need new passports often.

Budman1

Ashard Deen the folks at immigration have been nice enough these past 5 years to fit as many stamps as they can on a page. The problem I got is my VEC expires in 01/01/14 and the passport expires in 12/07/16. I guess I'm going to lose about 2 years and get a new passport so I can renew the VEC for a full 5 years.

Parmyd

Budman1 wrote:

Ashard Deen the folks at immigration have been nice enough these past 5 years to fit as many stamps as they can on a page. The problem I got is my VEC expires in 01/01/14 and the passport expires in 12/07/16. I guess I'm going to lose about 2 years and get a new passport so I can renew the VEC for a full 5 years.


Budman,

When my Ex-wife got her VEC she only had 2 years left on her passport and they issued the VEC for the remaining time her passport and gave her another "loose" visa for the difference. That was 3 yrs ago so I am not sure if they still do it.

Budman1

Parmyd thanks guy. I'll check that out next time I'm up there for the 3 month renewal. Did you know in the good old days when VEC's were first issued that you could get a 1 year renewal each time. That changed to 3 month max around May 2007 or 2008. Dang

Parmyd

Budman,

It really sucks for me. I actually have to leave the country every 3 months. Hopefully this month will be the last time though. My ex will be here in Jan. then I will be registered at her mothers house and be able to renew.

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