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Cancellation of Work Permit and Visa
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Gtomas



Joined: 03 Jun 2010
Posts: 100

PostPosted: Mon Feb 03, 2014 5:32 pm    Post subject: Reply with quote

johntpartee wrote:
Quote:
Do you have some first hand experience with this?


Yes, it happened to me. I did a runner at a college in Henan in 2011. The FAO sent me an e-mail telling me he had cancelled my resident permit. When I returned in 2012, it showed up on the system that it had been cancelled (even though I was entering after the expiration date; I had a new Z visa. I was allowed to enter with the visa, but when my new [current] employer applied for the new RP the previous cancellation popped up). I was also blacklisted, but I appealed and won.


Oh, so I may have some trouble going to Hong Kong and back.

Which government bureau handled the appeal process?

To reverse being blacklisted, what kind of evidence did you need to provide? Was it just filing papers at an office, or did you actually need to go to a Chinese court?

Sorry for the barrage of questions, but I may be facing this situation in the near future, so I'm a little antsy.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Mon Feb 03, 2014 8:47 pm    Post subject: Reply with quote

I told the administrators at the new school what happened and they told whoever they had to tell.

Here's the whole story:

"Warning! Henan Business College, Zhengzhou"

"There IS a blacklist!"

"NEVER thought this would happen"
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Bud Powell



Joined: 11 Jul 2013
Posts: 1736

PostPosted: Wed Feb 05, 2014 12:34 am    Post subject: Reply with quote

johntpartee wrote:
Quote:
Do you have some first hand experience with this?


Yes, it happened to me. I did a runner at a college in Henan in 2011. The FAO sent me an e-mail telling me he had cancelled my resident permit. When I returned in 2012, it showed up on the system that it had been cancelled (even though I was entering after the expiration date; I had a new Z visa. I was allowed to enter with the visa, but when my new [current] employer applied for the new RP the previous cancellation popped up). I was also blacklisted, but I appealed and won.


I've had an RP canceled on me because the FAO knew that I intended to leave, and she wanted to preempt me before I could get a job elsewhere.

When I returned six months later, I had no problem getting the invitation letter, visa, or RP. Maybe the FAO or boss has to make an effort to cause an FT problems. This one didn't.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Feb 05, 2014 5:55 am    Post subject: Reply with quote

You told them you were leaving, so they didn't blacklist you.
Quote:
the FAO knew that I intended to leave, and she wanted to preempt me before I could get a job elsewhere.


I did a runner. Your administrators were only slightly vindictive.
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JoeKing



Joined: 30 Apr 2008
Posts: 519

PostPosted: Wed Feb 05, 2014 10:10 am    Post subject: Reply with quote

johntpartee wrote:
Quote:
Do you have some first hand experience with this?


Yes, it happened to me. I did a runner at a college in Henan in 2011. The FAO sent me an e-mail telling me he had cancelled my resident permit. When I returned in 2012, it showed up on the system that it had been cancelled (even though I was entering after the expiration date; I had a new Z visa. I was allowed to enter with the visa, but when my new [current] employer applied for the new RP the previous cancellation popped up). I was also blacklisted, but I appealed and won.
It still does not make sense to me(by that I don't mean your account, I mean the process). I thought that obtaining the "Z" meant that you were cleared for getting the WP and the RP. In your case, if the cancellation was a)in the "system", and b) a stumbling block in getting either of those two things, I wonder why they gave you the new "Z" in the first place.

Also, just curious. When you returned in 2012 and allowed to enter with your new "Z", when were you first made aware that the cancellation of the previous RP was in the "system"? Did the immigration guy at the airport tell you that?
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Feb 05, 2014 10:18 am    Post subject: Reply with quote

Quote:
In your case, if the cancellation was a)in the "system", and b) a stumbling block in getting either of those two things, I wonder why they gave you the "Z" in the first place.

Also, just curious. When you returned in 2012 and allowed to enter with your new "Z", when were you first made aware that the cancellation of the previous RP was in the "system"? Did the immigration guy at the airport tell you that?


Yeah, I thought it might be a problem getting the new visa; in fact, I told the Embassy personnel in Mexico City about the situation, there was no problem.

I first became aware that there was a problem when the new (current) employer applied for the RP. I mentioned this in the previous post:

Quote:
I had a new Z visa. I was allowed to enter with the visa, but when my new [current] employer applied for the new RP the previous cancellation popped up
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JoeKing



Joined: 30 Apr 2008
Posts: 519

PostPosted: Wed Feb 05, 2014 10:46 am    Post subject: Reply with quote

johntpartee wrote:
Quote:
In your case, if the cancellation was a)in the "system", and b) a stumbling block in getting either of those two things, I wonder why they gave you the "Z" in the first place.

Also, just curious. When you returned in 2012 and allowed to enter with your new "Z", when were you first made aware that the cancellation of the previous RP was in the "system"? Did the immigration guy at the airport tell you that?


Yeah, I thought it might be a problem getting the new visa; in fact, I told the Embassy personnel in Mexico City about the situation, there was no problem.

I first became aware that there was a problem when the new (current) employer applied for the RP. I mentioned this in the previous post:

Quote:
I had a new Z visa. I was allowed to enter with the visa, but when my new [current] employer applied for the new RP the previous cancellation popped up
Ok, just clarifying.

By the way, at what point did you begin the application process for the new "Z"? Did you have to wait until the old one had expired naturally, or did you begin as soon as the old employer told you it had been cancelled? Sorry to pester you, but I tried to find that out on another thread.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Feb 05, 2014 10:58 am    Post subject: Reply with quote

Well, the Z visa is "cancelled" as soon as you get the resident permit (they put a check mark over the "Entries"). The resident permit was far past the "natural" expiration date (seven months past), but it was cancelled early by the school when I split.

Some details:

My contract and RP were to last until June 2011. The school broke the contract and I left in February 2011. The FAO sent me an e-mail telling me he had cancelled the RP. I was in Mexico City when I applied for the Z visa in January 2012. I arrived here in February 2012. I got the FEC and the Health Card, no problem. Then we went to get the RP. Problem! I appealed. Problem solved.
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Bud Powell



Joined: 11 Jul 2013
Posts: 1736

PostPosted: Wed Feb 05, 2014 11:53 am    Post subject: Reply with quote

johntpartee wrote:
You told them you were leaving, so they didn't blacklist you.
Quote:
the FAO knew that I intended to leave, and she wanted to preempt me before I could get a job elsewhere.


I did a runner. Your administrators were only slightly vindictive.


True. I wasn't trying to refute what you said. I was just trying to present another scenario.
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unclealex



Joined: 22 Apr 2003
Posts: 38

PostPosted: Tue Feb 18, 2014 1:29 pm    Post subject: Reply with quote

johntpartee wrote:
I've never seen this in a contract. It really doesn't make sense. The employer would cancel the resident permit. That's probably what they mean, but you don't have to give them anything in order for them to do that.


For those who are interested, employers cannot have the FRP cancelled without the employee's passport while he is still in the country after quitting. The most they can do is inform the PSB that it no longer extends with the work permit and foreign experts certificate which have been cancelled by the labour board and foreign experts bureau. I believe the employee can remain in the country until the FRP expires, unless the PSB orders him to leave China when he registers at the next local PSB in person or through checking in at a hotel. But working elsewhere during the remaining time is illegal. I've heard that the PSB doesn't cancel FRPs in abstentia unless someone is wanted by the police for an alleged crime. But normally the Exit and Entry Bureau does need the foreign passport to fully process the cancellation. In that event the foreigner may apply for a 30 day exit L visa. It's wise to report to the PSB of the next destination to inquire of one's status. Perhaps someone may discover that the employer had not even notified the PSB of the original destination.
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JoeKing



Joined: 30 Apr 2008
Posts: 519

PostPosted: Thu Feb 27, 2014 5:05 pm    Post subject: Reply with quote

unclealex wrote:


For those who are interested, employers cannot have the FRP cancelled without the employee's passport while he is still in the country after quitting. The most they can do is inform the PSB that it no longer extends with the work permit and foreign experts certificate which have been cancelled by the labour board and foreign experts bureau. I believe the employee can remain in the country until the FRP expires, unless the PSB orders him to leave China when he registers at the next local PSB in person or through checking in at a hotel. But working elsewhere during the remaining time is illegal. I've heard that the PSB doesn't cancel FRPs in abstentia unless someone is wanted by the police for an alleged crime. But normally the Exit and Entry Bureau does need the foreign passport to fully process the cancellation. In that event the foreigner may apply for a 30 day exit L visa. It's wise to report to the PSB of the next destination to inquire of one's status. Perhaps someone may discover that the employer had not even notified the PSB of the original destination.
I did not return to China from the U.S. after the latest Winter break, due to personal, family related matters. I was upfront with my employer, and even though I only gave her 3 weeks notice, I assisted her in finding a replacement. So even though she is disappointed about losing me, she says he understands, and even thanked me for my service.

Yesterday she emailed me and asked me to send back my work permit so that she can cancel it. She says she needs to "inform the related departments" about my visa as well.

I don't really need my Work permit, since I will not be returning, but kind of wanted to keep it as a souvenir. And I thought it was the RP and passport they needed anyway(which I would of course never send).

Not a big deal, just wanted to add to the thread what at least one employer says they need.
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GreatApe



Joined: 11 Apr 2012
Posts: 582
Location: South of Heaven and East of Nowhere

PostPosted: Sat Mar 01, 2014 11:06 pm    Post subject: Reply with quote

Useful information, guys!

Thanks for sharing! This thread has taught me a few things!

--GA
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choudoufu



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

PostPosted: Sun Mar 02, 2014 2:31 am    Post subject: Reply with quote

JoeKing wrote:
my Work permit.


you mean the little brown FEC booklet?
yeah, that's property of the school, they need to
return it when you leave.
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JoeKing



Joined: 30 Apr 2008
Posts: 519

PostPosted: Sun Mar 02, 2014 2:37 am    Post subject: Reply with quote

choudoufu wrote:
JoeKing wrote:
my Work permit.


you mean the little brown FEC booklet?
yeah, that's property of the school, they need to
return it when you leave.
Yes, that's the one. Sending it out Monday.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sun Mar 02, 2014 3:56 am    Post subject: Reply with quote

Quote:
the little brown FEC booklet?


Did they change the color? Mine have always been blue. I accidentally took my FEC with me to a bank to exchange currency in Mexico City; I mistook it for my US passport.
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