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Delicious
Joined: 09 Jan 2005 Posts: 55 Location: Hebei China
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Posted: Sun Jul 10, 2005 8:41 am Post subject: Urgent Advice - letter of release!! |
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I need advice urgently regarding a letter of release. I have done a search of the archives and have found a lot of information but most of it is over a year old and I know many of the regulations have changed this year.
My situation is that my husband and I will be moving from Hebei to Jiangxi and our residency permit expires in November. We completed the contract with the school in Hebei a few days ago and will be starting with the school in Jiangxi on Saturday. Do we need a release letter? What should be in it? Who needs to stamp it? What other paperwork do we need?
Our current school does not know what to do. The FAO doesn't speak English and I have only met him once anyway. (eight months ago) They did want to cancel our FRP but I have repeatedly told them not to. The new school has faxed them a letter to tell them that they have offered us a job but I'm unsure how to proceed from here. |
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cimarch
Joined: 12 Jun 2003 Posts: 358 Location: Dalian
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Posted: Sun Jul 10, 2005 9:55 am Post subject: |
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I'm not an authority on this but I believe you don't need a release letter if you completed your contract. The contract itself, with the start and finish dates on it, acts in its place. |
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Spiderman Too
Joined: 15 Aug 2004 Posts: 732 Location: Caught in my own web
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Posted: Sun Jul 10, 2005 11:09 am Post subject: |
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I recently experienced a similar situation.
I leave my current university tomorrow. My contract expires on July 31; the remaining time is 'official' vacation.
Anyway, I have already received a letter of invitation and accompanying PBS form from my new university (where I start on September 1).
The new university also insisted that a obtain a 'clearance letter' from my current university before I leave.
I suggested to them that it was not needed because my contract has (will) expire(d) and therefore I am 'in the clear'. But, they insisted.
My current university had not previously issued a 'clearance letter' and so I drafted one for them, which they typed up in Chinese (of course).
I asked for the letter to be signed and stamped (with the university's official seal). They told me that Chinese do not normally sign letters of this nature, but they did apply their stamp.
My'clearance letter' (which you can use as a sample) can be viewed here:- http://paintedover.com/uploads/show.php?loc=23&f=clearance.jpg
Last edited by Spiderman Too on Sun Jul 10, 2005 1:08 pm; edited 1 time in total |
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Alex_P

Joined: 23 Apr 2005 Posts: 174 Location: Hangzhou. Zheijiang, China
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Posted: Sun Jul 10, 2005 11:45 am Post subject: Re: Urgent Advice - letter of release!! |
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Delicious wrote: |
I need advice urgently regarding a letter of release. I have done a search of the archives and have found a lot of information but most of it is over a year old and I know many of the regulations have changed this year.
My situation is that my husband and I will be moving from Hebei to Jiangxi and our residency permit expires in November. We completed the contract with the school in Hebei a few days ago and will be starting with the school in Jiangxi on Saturday. Do we need a release letter? What should be in it? Who needs to stamp it? What other paperwork do we need?
Our current school does not know what to do. The FAO doesn't speak English and I have only met him once anyway. (eight months ago) They did want to cancel our FRP but I have repeatedly told them not to. The new school has faxed them a letter to tell them that they have offered us a job but I'm unsure how to proceed from here. |
Dear Delicious:
There are two sets of rules in place -- intraprovincial and interprovincial -- that govern these matters.
I recently posted a very detailed "bureaucratic" explanation of how this worked in response to a query from another user. If you do a search for my postings, you should find it. It is less than a week old.
Regards,
Alex P. |
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Keath

Joined: 02 Apr 2005 Posts: 129 Location: USA / CHINA / AUSTRALIA
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Posted: Sun Jul 10, 2005 11:36 pm Post subject: |
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Yes, you need a release letter. SHould say something like, "Your name" has successfully completed the contract with "school name" on this date and is free to pursue employment elsewhere.
This is required by the new PSB where you are locating to in order for them to convert your residency permit and register you in the new local area.
Best of luck
Keith
www.journeyeast.org |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Mon Jul 11, 2005 5:41 am Post subject: |
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I would be a bit worried and wary if my new employer was as clueless as that new Jiangxi outfit, and not even have someone who understands a FT's queries! I doubt they are in a legal position to hire you. All the more reasons to push for a clear-cut piece of information. THey have to ask at the PSB. And you should ask them first of all whether they have the right to employ FTs.
I think they don't have this right!
Don't forget you have a limited time to legalise your stay in that new place! After that the PSB might not be willing or allowed to accept your registration. |
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cj750

Joined: 27 Apr 2004 Posts: 3081 Location: Beijing
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Posted: Mon Jul 11, 2005 7:35 am Post subject: |
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If the school issued a FRP then it would follow that they are legal..to employ foreigners because the only hires that get a FRP are Zs. Clueless may be an act..I had the same answer from Geely's University..as if they didnt know what to do.(with schools full of foreigners).they of cource used this excuse as a means to do nothing.
You will need a letter (to be on the safe side) and you may need to check out of the local PSD..I had to in Dalian ..when I came to Beijing...
I agree with all that has been noted(involving the release letter) but would add a claim that you have satisfied you contract and are in good standing.
p.s. didnt another poster claim that the letter is no longer needed..I have heard this before but as to now I have been asked for them so I would comply..to be safe |
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Alex_P

Joined: 23 Apr 2005 Posts: 174 Location: Hangzhou. Zheijiang, China
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Posted: Mon Jul 11, 2005 10:37 am Post subject: |
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Keath wrote: |
Yes, you need a release letter. SHould say something like, "Your name" has successfully completed the contract with "school name" on this date and is free to pursue employment elsewhere.
This is required by the new PSB where you are locating to in order for them to convert your residency permit and register you in the new local area.
Best of luck
Keith
www.journeyeast.org |
xLet me restate what I wrote last week.
1. Under the new in-folio visa requirements, which are now rather totally in place in China, if you move from one province to another, your new employer has the right to treat your application as a "new" resident application and thus no letter of release will be required.
If your new employer is not savvy and does not understand the new rules, which the PSB has even set forth on the web in Chinese, and if your new employer files your application with the box checked on the application that says "requesting complete history", then yes, you will need a Letter of Release. So it is an either-or-situation.
It is not a question of "converting" the resident permit. The Z visa and the resident permit, as well as the Foreign Expert Certificate, are directly tied to your place of employment. The new in-folio rules simply mirror the old rules. New job, new resident permit, new in-folio visa.
Yes, Letter of Release, even on a fully-worked contract is not a bad idea. And like the other poster wrote, it state that you were released under satisfactory conditions, that you left in good standing with no debts, etc., etc.
2. You WILL need a letter stating that your Foreign Expert's Certificate has been duly returned to the employer, whether you are changing jobs intraprovincially or interprovincially. Without such a letter, your new employer may still be able to obtain a new FEC for you, but it will take the sign-off of the Regional Director to get one. And that sign-off is not always guaranteed, particularly if the school has no "guanxi" at all.
3. Something in what you write bothered me and now I know why.
1. You state that you are leaving your employer now because your contract has run its term. Is this contract?
2. So I guess what I do not understand is WHY your Z visa and your resident permit are still VALID until November, 2005. Usually the duration of the resident permit is tied to the contract. Are you leaving early? Are there any other circumstances that we should know about in order to provide with you truly correct information?
Kind regards,
Alex P. |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Mon Jul 11, 2005 12:04 pm Post subject: |
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My contract "officially" ends July 15th. However, I was finished at my school on June 26th. I moved away on July 1st (to Suzhou). My residence permit AND my FEC (from Hangzhou) both expire on August 31st.
My new school already has processed and gotten me my new FEC (no health exam, no letter of release - - just my passport and my sh*t-eating grin on a small picture). We've already discussed my new Residence Permit on another thread (you should check out my recent query there - - in a nutshell, the Suzhou PSB won't renew my RP, yet aren't we supposed to register with the PSB for a temporary permit anytime we move away and/or visit somewhere else in China?). My old school didn't ask for my old FEC. Indeed, I brought it with me.
Anyway, it seems all the advice we ask for or give on this forum is for naught as the requirements are different EVERYWHERE!!! Grrrrrr. |
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Delicious
Joined: 09 Jan 2005 Posts: 55 Location: Hebei China
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Posted: Mon Jul 11, 2005 2:18 pm Post subject: |
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Alex P wrote:
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3. Something in what you write bothered me and now I know why.
1. You state that you are leaving your employer now because your contract has run its term. Is this contract?
2. So I guess what I do not understand is WHY your Z visa and your resident permit are still VALID until November, 2005. Usually the duration of the resident permit is tied to the contract. Are you leaving early? Are there any other circumstances that we should know about in order to provide with you truly correct information? |
To answer your questions-
1) Yes I have finished my contract. (full term)
2) I was told that the FRP were valid for 6 months at a time. (I had an 8 1/2 month comract) I had no idea that the FRP was only supposed to be valid for the length of your contract, maybe the procedure here is different. |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Mon Jul 11, 2005 2:41 pm Post subject: |
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I was told that the FRP were valid for 6 months at a time. |
This clarifies my point. Who told you this? Your school? Another FT? Someone on this board? Someone in your home country? Your local PSB representative?
"I was told" that residence permits can be only issued for a total of one year at a time (regardless of the length of your contract). If I had gotten one on July 1st, for example, it could be requested on the application to be valid through June 30th of next year. Like I said, I had a contract from September 1st, 2004 to July 15th, 2005, but my RP is valid until August 31st of this year.
But we are getting off topic when it comes to letters of release. I just don't know what to say about them. |
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clarrie
Joined: 05 Apr 2005 Posts: 75
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Posted: Sun Jul 17, 2005 3:42 am Post subject: |
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If you're still in-country on a visa which was issued by the local government where you worked, chances are at some stage, depending on where you are, someone is going to ask you where you worked. I just left a college and to be on the safe side asked for a letter of 'release/departure'. I guess this becomes more important where there is likely to be a black list of foreign teachers. Anyway, I always find that more information is better than not enough and if you can keep on throwing documents with red stamps at officials it goes a 'long way' to making a smooth transition. |
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