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moving to a different school after work permit issued

 
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Englishpal



Joined: 05 Nov 2012
Posts: 51

PostPosted: Fri Jan 18, 2013 2:00 am    Post subject: moving to a different school after work permit issued Reply with quote

i signed a contract with a school and they since have supposedly mailed an invitation and work permit. I would like to go with another place as the first school has amended their original offer. The new school that I would like to go with is in a different province. Can I jump ship on the first one, and have the second place begin working on a work permit and invitation? Will the second have difficulty obtaining the documents from the government groups?
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Fri Jan 18, 2013 4:53 am    Post subject: Reply with quote

The invitation letter would be taken with your passport to a Chinese consulate outside of China. This is my understanding and how I did it. Then you would get your work visa. Until then, you don't have any ties with the school, but you might still come up as "in the process" if you were to try to apply in the same province. This last part is just speculation based on what I have read in the past 2 years here.

The work permit, if actually processed and not a lie by the school/recruiter to keep you tied to them, is nothing more than something they need. I ran into this issue and found out that I did not have a FEC (foreign expert certificate) with a couple previous schools, yet they had something which seemed like the FEC. In fact, Beijing would not accept this and the school (in another province) I understand had to give that to the PSB.

Perhaps the limitation is that if you don't have an FEC, you can only work for the school which holds your work permit. However, the FEC might be used for multiple schools. So, you would want to keep the FEC if you plan on doing this.

Since you don't have a work visa and no FEC, I would say your chances of being tied to one school in China is unlikely. Do you have your passport? Try to get that back if you sent it, you shouldn't have if you are not in China because you need that when going to the Chinese consulate in your home country. They should only need copies as far as I can tell.

When you get your passport back (if you gave it), then tell them something came up and you can't work for them. They will then cancel whatever steps they took.

After all that is done, you will also have a residence permit to deal with. I just recently got mine (Wednesday) and the new school tried to get my passport earlier. They were told if we couldn't wait longer then I couldn't work for the school.

If that is any sign, China likes to drag things on (about 2 months to get all this done and I am in China, and I had to go to the police station 2 times and PSB). They would rather not have you not hired than hired it seems.
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choudoufu



Joined: 25 May 2010
Posts: 3233
Location: Mao-berry, PRC

PostPosted: Fri Jan 18, 2013 5:10 am    Post subject: Re: moving to a different school after work permit issued Reply with quote

Englishpal wrote:
i signed a contract with a school and they since have supposedly mailed an invitation and work permit. I would like to go with another place as the first school has amended their original offer. The new school that I would like to go with is in a different province. Can I jump ship on the first one, and have the second place begin working on a work permit and invitation? Will the second have difficulty obtaining the documents from the government groups?


what do you mean "amended their original offer?" did they make changes
after you signed the "contract?"

note: you haven't signed a contract yet. that's just the agreement to sign
the contract. you sign the real contract in their office after you arrive.

you don't have the documents yet, so you haven't applied for your z-visa.
you have no legal obligation to the original school. ethical obligation you
have, since they forked out around 3000 rmb to get your work permit
and visa invitation. well, had, until they changed the offer.
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vikeologist



Joined: 07 Sep 2009
Posts: 515

PostPosted: Fri Jan 18, 2013 11:02 am    Post subject: Reply with quote

You can probably go to the other school as long as its in another province. I suppose nothing is ever certain in China, and I'm assuming that you're not swapping 2 schools of the same franchise.

Ethically one should stick to your commitment to the school that's paid for the invitation letter, (and I feel very strongly about this) but I also agree with Choudoufu on this. If they change the offer, in any meaningful way, then there's no contract anymore, legally, ethically, verbally; nothing.

If you tell the school you're not prepared to change the contract, then there's not much to stop them agreeing, and then changing it once you're here anyway.

Anyway, you asked if you can switch, not whether you should, so probably my discussion of ethics is irrelevant. The thing that's in your best interest is to lie to to the first employer and say, unfortunately I can't come because <insert convincing reason such as sudden serious illness of relative>.
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zactherat



Joined: 24 Aug 2011
Posts: 292

PostPosted: Fri Jan 18, 2013 12:15 pm    Post subject: Reply with quote

go on - what was the amendment?
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