Job Discussion Forums

jamesmollo · Joined: 26 Apr 2007 Posts: 276 Location: jilin china

Why on earth did you pay the fee?
A residence permit can't be cancelled unless you hand it over. So in answer to your question - yes you can enter china up until it expires.
happy travels

joeyc · Joined: 03 Dec 2007 Posts: 25

Lobster · Posted: Tue Aug 05, 2008 3:53 pm Post subject:

Like James said, they can't cancel it unless they can physically get their hands on your passport. This could happen in one of two way. First, they claim to need your passport for some administrative pretext and take it in to have the visa cancelled. Second, they get you to accompany them to the visa office with your passport where they have your RP revoked. If you don't fall for either of these ruses, they can't do much about a document issued by the Chinese central government that's in your passport (which is the property of your government).

I suppose they could do other, meaner things such as claiming an unpaid debt in court (which would actually prevent you from leaving the country) or reporting you for some trumped-up heinous crime that would lead to your arrest and deportation.

As it now stands, your RP will act as a multi-entry visa until its expiry date.

RED

letchluther · Joined: 11 Jul 2008 Posts: 22

Most schools wont go through the trouble of cancelling your RP, especially if you paid them a breach fee.

However that all being said, its important to keep in mind that technically, if you are there on their invitation, they are liable for anything you may do in the country. And contrary to what lobster suggested in the previous post, all that is required to invalidate an RP is a phone call and one signature on a form that can be emailed to the school admin and brought to the PSB by courier.

North China Laowei · Joined: 08 Apr 2008 Posts: 419

Lobster · Posted: Tue Aug 05, 2008 4:54 pm Post subject:

I actually think letch is technically correct, as it appears from government documents that a RP becomes invalid upon completion of your contract and can be revoked (by the PSB) if the employer notifies them that the holder is no longer employed and if the holder cannot show valid proof of legal, alternate employment.

Quote from Beijing Gov't regs:

"Article 21 After the termination of the labour contract between the foreign employee and his employer, the employer should promptly report it to the labour and public security authorities, return the Employment Permit and the residence certificate of the said foreigner, and go through formalities for his exit from China."

The point about an FEC is neither here nor there, as it relates only to employment and not on one's ability to enter, remain in or exit the country.

In seven years, I have never heard of someone having their RP or visa revoked by an employer through a phone call and form letter. Now, I've never had to re-enter the country on a RP, as I've been in country since the RP replaced the Z visa. Perhaps someone who's done so can let us know whether they were questioned about employment upon re-entry.

RED

loboman · Posted: Tue Aug 05, 2008 5:20 pm Post subject: Re: visa

Song&Dance · Joined: 04 Jul 2008 Posts: 176

What everyone seems to forget is that THIS IS CHINA!

Regs and laws are subject to local interpretation, administration and enforecemnt, even entry and exit laws/regs.

They can and will do any darn thing they please at any given moment, based upon whatever they want.

No one on this board can give the OP any assurances. That is the fact. The OP will take his chances just like everyone else. You can reduce risks by trying to follow the written laws and regs but even that is no guarantee.

Remember, they have the guns.

jamesmollo · Joined: 26 Apr 2007 Posts: 276 Location: jilin china

A cancelled R.P.F has a 'cancelled stamp' on it. So, how can it be cancelled without your knowledge? I've left on a supposedly 'cancelled' R.P.F but not entered, mind you, without any problems.

mike w · Posted: Wed Aug 06, 2008 7:05 am Post subject:

The RP can be cancelled - but not without your knowledge. It can be revoked without your knowledge if you have broken the law (unlikely though that you would not know about it), but to cancel it when leaving employment requires your signature on a document agreeing to the cancellation, whereupon it will be stamped in red 'cancelled'.

If you leave employment at the end of a contract, or by agreement, then your ex-employer is not responsible for you providing they have issued a release letter, and they can produce the copy, chopped and with your signature on it.

North China Laowei · Joined: 08 Apr 2008 Posts: 419

Lobster · Posted: Thu Aug 07, 2008 7:56 am Post subject:

My comment did not mean to say that the FEC is irrelevant as an important working document, but rather is irrelevant in terms of entering, remaining in or exiting the country. As long as your visa is in order, you can do these things. Without an FEC, you cannot work at most FT jobs. Hope this clarifies the statement.

RED

lf_aristotle69 · Joined: 06 May 2006 Posts: 546 Location: HangZhou, China

North China Laowei · Joined: 08 Apr 2008 Posts: 419

Again, for the record the incident to which I refer and the incident to which this poster refers are two totally unrelated items. The item to which I refer occurred in a northern province, at a university in a poorer region of this far northern province. I have no idea as to where the incident to which the poster above occurred. While in his opinion they may be similar, they are nevertheless quite distinct. The above-poster would be well-advised to take note of this.