Job Discussion Forums

[JustLuke]

Background:

After working for a public university for half a year I have, for various reasons, decided to return home. This wasn't my first time teaching in China, it was my third time, but it's the first time that I've ever decided to leave before the completion of my full one year contract.

The school and I came to a reasonably amicable agreement eventually, and it was mutually agreed that I could leave. I informed my FAO that I wished to leave plenty of time before my departure date and I continued working for almost a month without pay to help them out. In short, there were some heated moments initially but everything was eventually smoothed out to the point where my ex-FAO thanked me for my work, praised my teaching skills, and wished me good luck.

My problem is this:

The residency permit in my passport is valid until the 13th of April, 2010. If I wish to return to China to work for a new employer for the start of next year's new semester, will this cause problems when I apply for a new Z-Visa?

If I do apply for a new Z-Visa, would the embassy basically cancel my existing residency permit and stamp a new Z-Visa in my passport?

Do I even need to apply for a new Z-Visa? Or could I return to China using my existing unexpired residency permit?

I suspect that although my now ex-employer let me leave without a fuss, asking them to help cancel my residency permit or transfer it to a new employer might be a little cheeky - they might even feel insulted that I chose to leave them and work for someone else.

I�ve never been in this situation before and I�m just trying to anticipate any potential problems that might make things difficult for either myself or my future employer. Any advice would be very gratefully received!

[Lipps]

Chances are that it is cancelled already. The government handed down some pretty heavy handed declarations in January of 2008 that says if a foreign employee leaves employment the emplyer is required to cancell the residence permit and report it otherwise the employer has some liability if you get into trouble.

Additionally, you would need a letter of release from the school to take up employment with another school if you are applying for a new residence permit.

[JustLuke]

[teachaus]

[JustLuke]

Don't you have ten days to leave china once the residency permit has been cancelled? I'm thinking about going to the local PSB with my ex-FAO to have it cancelled just before I go back to the UK.

[teachaus]

So far as I can tell there is no magic "10 day" grace period to leave after the residence permit is cancelled. You do have 10 days to notify the appropriate authorities of any changes to the details used in applying for the residence permit - so that would include things like your address and stopping working for your employer. If you don't tell them and stay in the country then I would expect the possibility of being fined.

[JustLuke]

I see, thanks. Perhaps I can get it changed to a tourist visa to cover the final week before my flight? I really don't want to incur fines by staying illegally.

[jamesmollo]

Hi. I have been in your exact situation before. You can leave the country on your existing r.p.f or you have 30 days to transfer it to a new employer in China. Yes, you will need the release letter if you plan to come back. If I was you, and It seems you have a good relationship with your F.A.O, I'd ask for the letter saying just in case I ever decide to come back...don't want to burn my bridges, etc.
Just make sure the letter is the official one, with the two stamps on it. You can get the form from the F.E.B

[JustLuke]

That's good news.

I've asked my ex-FAO for the release letter but there's no guarantees that I'll get it. He's going to ask his superior and get back to me. If the school refuses to give me the official release letter does this mean that I'll be permanently prevented from re-entering China to work? Or would I simply need to wait it out in England until my current residency permit expires before before applying for a fresh Z Visa with a new employer?

[jamesmollo]

No, you don't need one for a new z-visa obtained from overseas.
It's when changing it to an r.p.f that you may have problems, but not neccessarily.

[aimosaku]

I'm wondering a similar question about leaving after a half-year. If the school and I do not work things out amicably, and I am unable to receive a letter of release, how will that affect my future prospects? Either on my existing Z-Visa and RP, or leaving the country and getting a new Z-Visa?

[LoPresto]

If you apply for a job and have your previous experience teaching in China listed on your resume/CV, then the PSB will require a "Release Letter" in order to process your visa. If you delete it from your initial application/resume, it shouldn't be a problem, especially if you go to a different city or province.

That happened to me. I once taught in Guangdong and did not get a release letter. After returning home for a few months, I applied for a job in Wuhan and my Z-visa was denied because the PSB saw the previous experience listed on my resume and asked for the "Release Letter".

I then removed the Guangdong experience from my resume and applied for a different job in Jiangsu and everything was Ok.

But, I know for a fact that there seems to be more communication between the different PSB offices. Not too long ago, a friend of mine, who had a "Release Letter" from a university in Beijing, was denied a Residence Permit in Chongqing because of "legal matters" in Beijing. He was sent home. His situation though was unique, but, you never know.

[Lobster]

Hold on just a sec here. If you have that RP in your passport, you have free entry and residency rights until it expires. Don't do anything to it!

If you want to come back, you can just come and find a new job, When the RP is about to expire, your employer will renew it. If you're going to work in the same province, you can transfer your FEC (if you still have it). If not, you use your release letter and your employer will arrange a new FEC.

Just be sure to register at the local PSB within 24 hours. Don't try to change your uncancelled RP to a tourist visa etc.

A Residence Permit is basically a one-year multiple-entry visa. I had no trouble returning from home even though I haven't got a job lined up yet.

RED