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JustLuke
Joined: 13 Jul 2004 Posts: 26 Location: UK
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Posted: Sat Sep 26, 2009 6:01 pm Post subject: Unexpired residency permit question. |
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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! |
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Lipps
Joined: 19 Jun 2009 Posts: 45
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Posted: Sat Sep 26, 2009 6:37 pm Post subject: |
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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. |
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JustLuke
Joined: 13 Jul 2004 Posts: 26 Location: UK
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Posted: Sun Sep 27, 2009 1:22 am Post subject: |
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| Lipps wrote: |
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. |
Thanks for the help but to clarify, will the letter of release be required even though I'll be returning to the UK rather than remaining in China and seeking employment from here? |
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teachaus
Joined: 04 Apr 2009 Posts: 54
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Posted: Sun Sep 27, 2009 2:44 am Post subject: |
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| JustLuke wrote: |
| Lipps wrote: |
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. |
Thanks for the help but to clarify, will the letter of release be required even though I'll be returning to the UK rather than remaining in China and seeking employment from here? |
If it has already been cancelled when you go through immigration then you would be hit with fines. If you are going home you will not need the letter of release unless you plan to ever come back to work in China again. You will need the letter of release before you can be employed again in China. So if there is even a chance that you want to do that in the future then make sure you get that release letter. |
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JustLuke
Joined: 13 Jul 2004 Posts: 26 Location: UK
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Posted: Sun Sep 27, 2009 3:54 am Post subject: |
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| 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. |
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teachaus
Joined: 04 Apr 2009 Posts: 54
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Posted: Sun Sep 27, 2009 6:43 am Post subject: |
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| 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. |
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JustLuke
Joined: 13 Jul 2004 Posts: 26 Location: UK
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Posted: Sun Sep 27, 2009 6:54 am Post subject: |
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| 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. |
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jamesmollo
Joined: 26 Apr 2007 Posts: 276 Location: jilin china
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Posted: Sun Sep 27, 2009 7:28 am Post subject: visa |
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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 |
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JustLuke
Joined: 13 Jul 2004 Posts: 26 Location: UK
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Posted: Sun Sep 27, 2009 7:54 am Post subject: |
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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? |
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jamesmollo
Joined: 26 Apr 2007 Posts: 276 Location: jilin china
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