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Five Year Rule
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Mikeylikesit114



Joined: 21 Dec 2007
Posts: 105

PostPosted: Wed Feb 26, 2014 2:38 am    Post subject: Five Year Rule Reply with quote

My employer just yesterday informed me that beginning this year, all foreign experts in Qingdao that have been in China for 5 years or more will not have their visas renewed. They must return to their country of origin for two years before returning to China.

This law is selectively applied in some Chinese cities.
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teenoso



Joined: 18 Sep 2013
Posts: 242
Location: east china

PostPosted: Wed Feb 26, 2014 3:19 am    Post subject: Reply with quote

This rule has been around a long time , and is selectively applied, as you say . There are plenty on this forum who defy the rule (legally) , presumably because their local PSB or provincial office ignores it.

What your employer seems to suggest is that Qingdao is introducing this rule , this year. But of course anyone there caught by it could simply move to another city or province that does not apply the rule. They would not have to 'leave China for 2 years' or repatriate.
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Bud Powell



Joined: 11 Jul 2013
Posts: 1385

PostPosted: Wed Feb 26, 2014 10:46 am    Post subject: Reply with quote

My observation is that the 5 year rule is rarely invoked as is the age 60 rule. I've seen these rules invoked when the school wants to dump a teacher or several teachers and doesn't want to confront a problem.

If I were the teacher(s) in question I'd go looking for another school.
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Mikeylikesit114



Joined: 21 Dec 2007
Posts: 105

PostPosted: Thu Feb 27, 2014 4:49 am    Post subject: Reply with quote

I'm not too concerned that the school is trying to dump me, as they are currently applying for my visa in another city, with the intention of bringing me back to Qingdao.

I have no reason to doubt them. They would be in a very desperate situation if I were to leave when my current visa expires.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Thu Feb 27, 2014 4:58 am    Post subject: Reply with quote

Mikeylikesit114 wrote:
....they are currently applying for my visa in another city, with the intention of bringing me back to Qingdao.....



you have a plan B?

if QD is getting stricterer with their interpretation of the 5-year guideline,
then i'd assume they will also become more stricterer with teachers
working illegalful on RP's (they be renewing your residence permit, right?)
from other cities/provinces.

be prepared for when the police come to your school to check your papers....
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Thu Feb 27, 2014 5:24 am    Post subject: Reply with quote

Quote:
they will also become more stricterer with teachers


And then we will be more "worrier" than before.

I wonder what they do with someone who has been in Beijing or Shanghai for 6 years and then wants to go to Qingdao.
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Fanyi



Joined: 01 Nov 2011
Posts: 47

PostPosted: Fri Feb 28, 2014 3:26 pm    Post subject: Second Reply with quote

I second the above poster in that I would be very hesitant about working in a city with a residence permit booked in another.
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bharrell



Joined: 25 Oct 2008
Posts: 87
Location: Chongqing

PostPosted: Mon Mar 03, 2014 9:33 am    Post subject: Reply with quote

Maybe this rule is a good idea. I've been here almost exactly 5 years and am leaving next week. Not legally forced out, but it's time to go. I just loved it here for the first 3 years; now I nod in agreement when I hear other pacific rim country citizens talk bad about the Chinese. Familiarity has bred contempt.
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wonderingjoesmith



Joined: 19 Aug 2012
Posts: 910
Location: Guangzhou

PostPosted: Mon Mar 03, 2014 10:40 am    Post subject: Reply with quote

The rule, which clearly goes against the experienced, seems to favor novice. A prentice over a venerable is a shrewd practice and thought-provoking.
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Lack



Joined: 10 Aug 2011
Posts: 93

PostPosted: Mon Mar 03, 2014 11:40 am    Post subject: Reply with quote

Is this really an issue? People actually want to stay here more than 5 years? Shocked

5 months and I was ready to leave...

Anyway, I have heard of the 5 year rule, but since it is China, it will likely just be enforced selectively. Just like everything else.
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mike w



Joined: 26 May 2004
Posts: 972
Location: Beijing building site

PostPosted: Tue Mar 04, 2014 2:57 am    Post subject: Reply with quote

I don't know ayone who has been hit by this 'rule'. I think it is more a tool to be used to get rid of unwanted teachers, or for schools to use to ensure a turnover of fresh faces.

If it were ever to become an evenly applied rule (I think unlikely ot ever happen), I, along with many others could have a serious problem. It means I've already 'overstayed' three times over Laughing Laughing Laughing
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1762

PostPosted: Tue Mar 04, 2014 3:07 am    Post subject: Reply with quote

Quote:
Is this really an issue? People actually want to stay here more than 5 years? Shocked

5 months and I was ready to leave...


I just returned and couldn't wait to get back....
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mambawamba



Joined: 12 Jun 2012
Posts: 276

PostPosted: Tue Mar 04, 2014 4:13 am    Post subject: Reply with quote

OK this may well be another Qingdao by the book thing.

Asked around and several of the big International schools have also been forced to comply over the last few years. However this has happened once and not again. May be a quota somewhere that needs to be filled, not all schools at all times, but some schools at some times.

Other big companies have also been hit. Not just an education rule.
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fat_chris



Joined: 10 Sep 2003
Posts: 3135

PostPosted: Tue Mar 04, 2014 6:04 am    Post subject: Reply with quote

NoBillyNO wrote:
Quote:
Is this really an issue? People actually want to stay here more than 5 years? Shocked

5 months and I was ready to leave...


I just returned and couldn't wait to get back....


Seconded. I spent two weeks in Cambodia, which was nice, but I am more of a Northeast Asia kinda guy, and I was eager to get back after the two weeks.

China can be good.

Rumor has it that Sichuan may be one of the provinces that more heavily enforces the five-year rule (I personally like the five-second rule) but I am planning on making a move out of Sichuan after this summer, so that may be a moot point for the fat_one.

I think mike w has something there with the idea that this rule may be unevenly enforced to make excuses to push people out.

Warm regards,
fat_chris
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amlee1



Joined: 26 Feb 2010
Posts: 1

PostPosted: Thu Mar 13, 2014 1:39 am    Post subject: Reply with quote

Can anyone tell me whether the five year rule mentioned here is the same as the five year tax rule? (http://maxxelli-blog.com/2013/11/the-5-year-rule/)

I've been hearing some rumors this year in my city (Tianjin) about a five year rule being implemented for foreign workers. My uni told a co-worker who is in his 5th year now and is planning to leave anyway that it's a good thing he's leaving because they wouldn't have been able to renew his visa since they are now required to implement this 5-year thing.

I've been working for them for 3 years now and am wondering what is "supposed" to be done after 5 years. I know, I know, it's China and you can get around stuff, but I'd just like to know what the official policy says. I haven't been able to find anything online about it, other than tax-related things.

Is it simply that expats need to leave for 30 days each year, in accordance with the 5 year tax rule, as the blog I referenced above says?

If this is a different 5 year rule that Qingdao and Tianjin seem to be newly implementing, can foreigners in cities following this 5 year rule just change employers at least every 5 years, but remain in the city without repatriating?

Any China law blogs or other links you can point me to that discuss this issue? I'd like to know more details about it now so I can figure out what to do if I do reach my 5 year limit Smile Thanks!
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