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tw
Joined: 04 Jun 2005 Posts: 3898
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Posted: Sat Jun 23, 2007 11:49 am Post subject: |
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I seem to recall a similar tale from another poster a long time ago about the employer wanting to change his RPF into a L visa. Maybe it was because the FT's contract was ending? Regardless, I think some employers feel that they are responsible for any FT whose RPF they'd paid for, they should not be held responsible or be under legal obligation for the FT when and if the FT chooses to quit the position. Therefore, the FT's RPF should be cancelled and be switched to a tourist visa. |
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erinyes

Joined: 02 Oct 2005 Posts: 272 Location: GuangDong, GaoZhou
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Posted: Mon Jun 25, 2007 9:24 am Post subject: |
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HunanForeignGuy wrote: |
erinyes wrote: |
get the contact details of your current boss and give them to the next school. Ask the new school to work out something for you. |
No, that is the ONE thing that you do not want to do under any circumstances....Why? So that your old boss can thoroughly sleaze you and discredit you with your new boss? Absolutely not...not under any set of circumstances...with all due respect to the previous poster, I cannot even believe that has been suggested...guaranteed trouble for the OP...for sure.
The other posters are correct...pack your bags, get the necessary letters, if possible, and if not possible, well, let the new boss do a "work-around". Don't take cr*p. We have all had bosses like that here. |
Ok, well I have had very good relationships with all the schools I have worked for, so in my exp. this would have worked. |
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james s
Joined: 07 Feb 2007 Posts: 676 Location: Raincity
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Posted: Mon Jun 25, 2007 2:52 pm Post subject: |
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...
Last edited by james s on Tue Jan 01, 2008 4:42 pm; edited 1 time in total |
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HunanForeignGuy
Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC
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Posted: Wed Jun 27, 2007 4:48 am Post subject: |
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james s wrote: |
Oh boy. Do not give them the passport or any other materials as they are yours and the next employer can transfer them over by them self. Your current employer is probably p'd off at you for leaving and wants to screw you bad before you leave him. Yuor expert card is yours-do not return it to the employer-the next one can use it and renew it. It is your I.D., not theirs.
Please let this not drum up old arguments of people quoting the back page and misquoting the back page of the book(s) in question. Let this FT be in peace in China. |
The Foreign Expert Certificate is issued against a specific employer. This is an issue which I had recently had to cover with the FEB here. It is not portable from one employer to another. It technically should be returned to the employer against whom it was issued. That being said, there are different processes in place for a change of out-of-province and in-province matters and this varies according to province.
One thing, however, is standard in all of this and I beg to seriously differ with the previous poster's message -- if you change employers, then you will need a new FEC for sure. It can be extended almost ad infinitum if you remain at the same employer -- if you change employers, it needs to be reissued in the name of the new employer.
Again, speaking provincially-here, some provinces require written confirmation of the fact that the certificate was returned before they will issue a new one in intraprovincial employment matters; others do not.
Out-of-province, however, is an entirely different matter.
I was a little startled to read in a previous posting that the idea was even floated that one should pay no attention to what is written on the front and back covers of the FEC -- that is advice that I myself would not follow, particularly in the current climate. |
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englishgibson
Joined: 09 Mar 2005 Posts: 4345
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Posted: Wed Jun 27, 2007 5:04 am Post subject: |
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china's a country with many double standards and "one country 1.3 bil systems" might describe it well
now OP, from my experience, it is a standard procedure to convert your current work permit/residency permit (i assume you have one sticker in your passport) to the "L" visa, if you either quit or end your contract...your work permit is arranged with only one employer and through the employer....YOU DO NOT NEED TO SURRENDER YOUR PASSPORT TO YOUR EMPLOYER FOR THE CONVERSION, YOU CAN JUST GET A RELEASE LETTER FROM YOUR EMPLOYER AND GO BY YOURSELF TO THE PSB FOR THE CONVERSION
again, you should convert your current work permit to "L" especially if you plan to move to another city...if you wish to stay in the same place, you should enquire with the local PSB whether it is neccessary to convert to "L" or whether with your RELEASE LETTER you could get a current work permit cancellation and a new work permit issued over it...however, keep in mind that if you do not have a new employer lined up yet, your current work permit sticker might be cancelled by your "unhappy" employer..do not risk and act accordingly
peace to all points of views as well as expert advice
and
cheers and beers to all hard working FTs in China  |
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HunanForeignGuy
Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC
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Posted: Wed Jun 27, 2007 7:34 am Post subject: |
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englishgibson wrote: |
china's a country with many double standards and "one country 1.3 bil systems" might describe it well
now OP, from my experience, it is a standard procedure to convert your current work permit/residency permit (i assume you have one sticker in your passport) to the "L" visa, if you either quit or end your contract...your work permit is arranged with only one employer and through the employer....YOU DO NOT NEED TO SURRENDER YOUR PASSPORT TO YOUR EMPLOYER FOR THE CONVERSION, YOU CAN JUST GET A RELEASE LETTER FROM YOUR EMPLOYER AND GO BY YOURSELF TO THE PSB FOR THE CONVERSION
again, you should convert your current work permit to "L" especially if you plan to move to another city...if you wish to stay in the same place, you should enquire with the local PSB whether it is neccessary to convert to "L" or whether with your RELEASE LETTER you could get a current work permit cancellation and a new work permit issued over it...however, keep in mind that if you do not have a new employer lined up yet, your current work permit sticker might be cancelled by your "unhappy" employer..do not risk and act accordingly
peace to all points of views as well as expert advice
and
cheers and beers to all hard working FTs in China  |
I would consider this advice to be excessively fallacious and fraught with imminent and untold danger.
First, do not voluntarily go to the PSB in China unless you have lost your mind.
Second, do not voluntarily cancel any Z visa in China unless you want a myriad set of problems.
Third, it is not practice to cancel a Z visa upon termination or release of a contract. I cannot even fathom where this advice has originated. Upon termination or release of employment, if the Z visa is still valid for a period of time, according to standing PSB procedures, the holder of the Z visa has a 30-day grace period in which to secure another Z visa, etc., etc., enter a change of status, etc., etc.
Fourth, should you do what the previous poster has suggested in his message, you will need to go through many hoops again to acquire another Z visa, one of them being another medical examination. Why submit yourself to that?
Firmly demand a letter of release -- that is the law in China - you are entitled to it whether or not they think so or not -- and if need be, there are other avenues open to securing one legally from them that do not involving placing your head in the mouth of the tiger. |
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SnoopBot
Joined: 21 Jun 2007 Posts: 740 Location: USA
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Posted: Thu Jun 28, 2007 3:16 am Post subject: |
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Some entities in China can get into trouble if you stick around on a Z -visa while you are not working for them anymore. I guess it depends on the relationship, number of Red Envelopes that the schools provides to the PSB.
I know of one school that will actually drive you to the airport to insure you actually leave the country when your Z visa expires (end of teaching contract)
They will work you to the very last day on your Z-visa and not release you earlier for a new position without you paying a breach of contract fee.
If you find a new position, you must usually go to Hong Kong (leave the country) to get a new visa issued or pay some fee for overstay.
I guess you could convert your visa to a F visa but expect a hassle going back on another Z visa.
You will get NO letter of release until the last day on your Z visa and contract date. This way the can get you to accept higher hour contracts and same or for less pay.
A few of the Beijing based training centers do this. |
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vikuk

Joined: 23 May 2007 Posts: 1842
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Posted: Thu Jun 28, 2007 4:04 am Post subject: |
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I do believe this may be a - welcome back Roger - moment |
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SnoopBot
Joined: 21 Jun 2007 Posts: 740 Location: USA
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Posted: Thu Jun 28, 2007 4:18 am Post subject: |
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vikuk wrote: |
I do believe this may be a - welcome back Roger - moment |
Nope
A long time lurker but just started to post as of tonight.
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Mpho
Joined: 30 Aug 2004 Posts: 58
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Posted: Thu Jun 28, 2007 7:06 am Post subject: Residence permit to tourist visa |
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I am in agreement with what Mr. Griswald said about the school protecting themselves. There are also other issues on why your present employer would want your residence permit cancelled: (1) it is expiring after you leave their school. They are responsible for you until you leave the country, get a new visa or a new residence permit If you don't get a new permit or visa, they could be fined.(2) They may feel that your new employer may not be able to get a Z visa for you. This would mean that if complications arose, they would be subject to review by the PSB possibly. (3) By giving you a tourist visa, they are making sure that your new employer can legally convert to a Z visa. Of course, many provinces do not convert to a Z visa. So this is a tactic that may require extra expense on your part. A little payback for leaving early.
Mpho |
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Teatime of Soul
Joined: 12 Apr 2007 Posts: 905
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Posted: Fri Jun 29, 2007 2:33 pm Post subject: Re: Residence permit to tourist visa |
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Mpho wrote: |
I am in agreement with what Mr. Griswald said about the school protecting themselves. There are also other issues on why your present employer would want your residence permit cancelled: (1) it is expiring after you leave their school. They are responsible for you until you leave the country, get a new visa or a new residence permit If you don't get a new permit or visa, they could be fined.(2) They may feel that your new employer may not be able to get a Z visa for you. This would mean that if complications arose, they would be subject to review by the PSB possibly. (3) By giving you a tourist visa, they are making sure that your new employer can legally convert to a Z visa. Of course, many provinces do not convert to a Z visa. So this is a tactic that may require extra expense on your part. A little payback for leaving early.
Mpho |
Good points all.
I know of one headmaster who was asked for 20,000 RMB to pay for a FT's medical mishap long after the FT had departed the school. The FT left early in the contract but the headmaster didn't convert it to an L visa (so as to help the FT secure a new job).
The PSB knew the FT had worked undocumented for other schools after leaving this school, they knew the employer had limits on medical insurance; and they didn't care. They had a visa that wasn't closed properly and they wanted somebody to pay.
Some schools THINK (to be charitable) they can extend a FRP but for whatever reason, they end up lulling the newly arrived FT into complacency while his FRP expires.
Remember, when things go pear shaped with an FT's medical or legal situation, the PSB are going to home in on the last school that issued a Visa - somebody has to pay and to the PSB, the former employer looks like a good fit.
I don't know of any western countries where employees feel entitled to having their former employers assume medical and legal liability for their post employment misadventures.
Obviously the employee doesn't need to surrender his passport to the school, just go to the PSB and have them convert it on the spot, 160 RMB and 30 minutes time.
In some locations, the PSB make a point of telling schools that FTs FRP WILL be converted to an L visa if they a) Are leaving China at the end of the contract b.) Leave the school with more than 30 days left on the FRP.
At the end of the day, the FRP is tied to the specific employer via the PSB and the employer does have the right to convert it upon the FTs departure. I haven't seen a objection posted here that was based on a clear understanding of all parties legal rights and obligations. After all, the FRP isn't issued for the FTs convenience in switching jobs.
As for the 30 day "grace period". Suppose a FT leaves a school and fails to convert his FRP. The school will stay liable for him. Where is the "grace period"? Who enforces it? What stops an FT from working illegally? Who will indemnify the school? The "30 day grace period" is only meant to be used at the discretion of the school at the end of the FRP. Schools are not obligated to take on this liability.
Also, a new medical is seldom required; submit the original copy of your medical exam report and they are good for at least two years.
Ask yourself why a FT would need six months (or two, or nine) on an FRP after he leaves an employer. He has no ties to that employer. Other than illegal work, what possible use is the FRP?
If you want a smooth transition, have your FAO contact the receiving school and work out a new FRP for you before you leave your old school. It call all be done (via express mail if necessary) within two weeks time easily. This way you know you are going into a legal situation. |
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HunanForeignGuy
Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC
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Posted: Fri Jun 29, 2007 3:18 pm Post subject: Polyanna On the Loose |
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With all deference to the rather lenghty previous posting, I again would want to stress the importance of relatively uninstructed newbies placing their collective heads into the mouth of the tiger by the following some of the advice that has been given on this thread.
Firstly, the PSB cannot and will not sinae qaue non demand that a Z visa be converted to an L visa at the end of contract, etc., etc., or whatever else was written in that vein.
A Chinese visa is good until the day that it expires, that is a visa dated April 24, 2007 in the PRC will expire at 23h59m59s on that day and it can be extended anytime prior to that date or replaced by another visa. The only limitations therein are entry / reentry into China on a visa that is nearly end-of-life.
Next, this is third-or-fourth time that a message has appeared in which the poster advocates having one previous employer contact a future employer for the sake of making things "smooth" or whatever was so implied therein. A good FAO at any institution can make things smooth without recourse to a previous employer. I would advise using this approach only under the most salubrious of all situations. Again, I wonder why such misinformation appears herein.
Next, a medical reexamination is only needed in-province when a letter of release has not been obtained, or a letter of recommendation has not been obtained and the new employer has not opted for a "loophole" in the document processing method called "new file", meaning, an entirely new file is created for the applicant and the previous files are discarded. This approach exists and can be used be wilely or knowledgable FAOS.
Out-of-province changes of job require a new medical unless a previous medical has not come to term (one year from date of examination).
The thirty-day grace period does indeed exist and is used routinely.
Next, much information presented in previous messages is rather anecodtal and should be subject to delineation and accuracy. "Other provinces" "the PSB regularly", etc., these are broad generalizations that beg concrete instance.
Again, exercise extreme caution and use maximum judgment when dealing with visa issues here in China, particularly when it is suggested that one should dash off to have tea with the PSB as if it were the Duchess of York. |
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tw
Joined: 04 Jun 2005 Posts: 3898
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Posted: Fri Jun 29, 2007 10:13 pm Post subject: |
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On a related though slightly different note, my contract expires at the end of July and my RPF was supposed to expire on the 4th of July. I gave my FAO 400 RMB, he took my passports (the original RPF is in my old passport), FEC and a photo then gave it back to me yesterday with a new RPF expiring on September 4 and the FEC also being extended to September 4. That was a bit of a nice surprise because he'd told me that he'd extend it for only a month. In his words, "Now you have enough time to find a new job." |
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englishgibson
Joined: 09 Mar 2005 Posts: 4345
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Posted: Sat Jun 30, 2007 3:58 am Post subject: |
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tw, good to know that some employers are so nice
HunanForeignGuy wrote: |
englishgibson wrote: |
china's a country with many double standards and "one country 1.3 bil systems" might describe it well
now OP, from my experience, it is a standard procedure to convert your current work permit/residency permit (i assume you have one sticker in your passport) to the "L" visa, if you either quit or end your contract...your work permit is arranged with only one employer and through the employer....YOU DO NOT NEED TO SURRENDER YOUR PASSPORT TO YOUR EMPLOYER FOR THE CONVERSION, YOU CAN JUST GET A RELEASE LETTER FROM YOUR EMPLOYER AND GO BY YOURSELF TO THE PSB FOR THE CONVERSION
again, you should convert your current work permit to "L" especially if you plan to move to another city...if you wish to stay in the same place, you should enquire with the local PSB whether it is neccessary to convert to "L" or whether with your RELEASE LETTER you could get a current work permit cancellation and a new work permit issued over it...however, keep in mind that if you do not have a new employer lined up yet, your current work permit sticker might be cancelled by your "unhappy" employer..do not risk and act accordingly
peace to all points of views as well as expert advice
and
cheers and beers to all hard working FTs in China  |
I would consider this advice to be excessively fallacious and fraught with imminent and untold danger.
First, do not voluntarily go to the PSB in China unless you have lost your mind.
Second, do not voluntarily cancel any Z visa in China unless you want a myriad set of problems.
Third, it is not practice to cancel a Z visa upon termination or release of a contract. I cannot even fathom where this advice has originated. Upon termination or release of employment, if the Z visa is still valid for a period of time, according to standing PSB procedures, the holder of the Z visa has a 30-day grace period in which to secure another Z visa, etc., etc., enter a change of status, etc., etc.
Fourth, should you do what the previous poster has suggested in his message, you will need to go through many hoops again to acquire another Z visa, one of them being another medical examination. Why submit yourself to that?
Firmly demand a letter of release -- that is the law in China - you are entitled to it whether or not they think so or not -- and if need be, there are other avenues open to securing one legally from them that do not involving placing your head in the mouth of the tiger. |
where did this come from
i've written the facts as well as my experiences in china
if an FT wishing to move on is giving a notice of a "premature" departure from his/her post, it is a wise idea to get that RELEASE LETTER and go to the local PSB on his/her own...that avoids the necessity of surrendering his/her passport to the sometimes "unhappy employer" for the needed visa conversion....what are you frightened of this is a normal procedure...how long have you been in china and have you ever worked in any administration in china at all IF YOU HAVE A "Z" FOR A YEAR AND DECIDE TO QUIT AFTER 8 MONTHS, YOU SHOULD NOT STAY ON THAT SAME "Z" IN CHINA AND ESPECIALLY IF YOU SEEK A NEW EMPLOYMENT...A LETTER OF RELEASE SHALL PROVIDE YOU WITH THE RIGHT TO OBTAIN AN "L" WHICH IS ACCEPTABLE TO SOME LOCAL GOVERNMENTS FOR A CONVERSION BACK TO ANOTHER "Z"...OTHERWISE A HONG KONG RUN FOR AN "F" SOLVES THE PROBLEM
Relax HunanForeignGuy, cops (even in china) will not arrest you unless you are most wanted
peace to all experts on our forums
and
cheers and beers to all hard working FTs whether they honor or not their lovely chcontracts
_____________________________________________________________
Note that a Release Letter is an employer's agreement that an employee can leave
And yet another note that even an "unhappy employer" may provide a Release Letter  |
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Teatime of Soul
Joined: 12 Apr 2007 Posts: 905
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Posted: Sat Jun 30, 2007 2:35 pm Post subject: |
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HFG:
Quote: |
A Chinese visa is good until the day that it expires, that is a visa dated April 24, 2007 in the PRC will expire at 23h59m59s on that day and it can be extended anytime prior to that date or replaced by another visa. The only limitations therein are entry / reentry into China on a visa that is nearly end-of-life. |
Actually, a Z Visa is only good for thirty days. Perhaps you are confusing that with an FRP.
Make no mistake, your employer has the absolute right to insist you convert you FRP to an L Visa before departure if you have more than 30 days remaining on the FRP. This is for your mutual protection.
An example. A teacher left school A school with more than 30 days remaining on his FRP; against the advice of the local PSB to convert it to an L Visa. However, the management wanted to make things easy for the teacher and the receiving school.
The teacher resigned his position, bought his travel tickets and went on a hiking vacation before reporting to his new school (school B). While he was out hiking, school B's FAO called school A's FAO. The message was, "We sure hope you are going to leave the teacher's FRP open because we won't hire him (they HAD already hired him) if we have to send him to Hong Kong."
School A stated they had agreed to a 30 day grace period. Twenty-seven days later, School B calls and asks for another 30 day grace period, they hadn't quite managed to get a license to hire foreigners yet, but expected to have one in another month. School B had previously represented to be SAFEA licensed to hire foreigners. School A refused.
Now, both school A and the teacher are in jeopardy because school B, for whatever reason, couldn't legally renew the FRP. Converting his FRP to an L visa would have better protected them both.
I wouldn't suggest one dash off to have a cup of tea with the PSB (they prefer baijou anyway) but I wouldn't paint them as bogymen to be feared like they are the Men In Black. They interpret and enforce regulations without a level of uniformity we might desire, but they are hardly out to get you either. Tin foil hats off please.
It is hardly misinformation to suggest you have your old and new school coordinate renewal of your FRP prior to your departure. It can be done and is done regularly. Naturally, if you are on bad terms with your school, this may not be an option.
Finally, one should not be disparaging others anecdotal experiences on this board. Due to the variances in enforcement and interpretations, differing experiences should be welcomed to help paint a fuller pictures of the situation. There is no sole authority on this board. |
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