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Contract cancelled - what should I do for a visa?
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svrart



Joined: 04 Jun 2003
Posts: 42
Location: Lanzhou, Gansu, China

PostPosted: Thu Jan 14, 2010 5:06 am    Post subject: Contract cancelled - what should I do for a visa? Reply with quote

Hi,

Yesterday, I was told that the college wants to cancel my contract. I live in Lanzhou, Gansu and want to continue living here. Vacation starts in a day, so it's almost impossible to find a job in Lanzhou city for the next month. Once the contract is canceled, my Z visa becomes invalid. What do I do? What visa type do I get, till I find another job?

Thanks
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Mister Al



Joined: 28 Jun 2004
Posts: 840
Location: In there

PostPosted: Thu Jan 14, 2010 5:25 am    Post subject: Reply with quote

Z visa? Do you mean your Residency Permit? When does it actually expire? Are you sure the employer is going to try to cancel it? Keep your passport and they can't do that physically. Seems to me you won't have anything to worry about but try to get a Letter of Release from the college. Enjoy the cold weather and look for a new job. Your new employer will sort things out when you get a new job.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Thu Jan 14, 2010 7:10 am    Post subject: Re: Contract cancelled - what should I do for a visa? Reply with quote

svrart wrote:
Hi, Yesterday, I was told that the college wants to cancel my contract.

can you divulge the reason why they're canceling? are they giving you a breach penalty payment?
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svrart



Joined: 04 Jun 2003
Posts: 42
Location: Lanzhou, Gansu, China

PostPosted: Thu Jan 14, 2010 1:24 pm    Post subject: Reply with quote

Hi,

Ok. The Z visa does not get canceled, but the residence permit will be.

The Z visa expires in August. But if the residence permit is canceled in a few weeks, I think I have to get a new one. It's not possible to find a job locally soon because universities will close for the holidays tomorrow. My question is how do I get the residence permit? Can I get it without a new job? If not, can I change my visa status and get a residence permit?

Thanks
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Mister Al



Joined: 28 Jun 2004
Posts: 840
Location: In there

PostPosted: Thu Jan 14, 2010 5:39 pm    Post subject: Reply with quote

Not sure if you're trolling or not.

Anyway, have a look in your passport. You don't have a Z visa. That only lasts 30 days and was replaced with your RP. If your RP is going to be cancelled (Are you sure?) then all you can do if you can't find a job is apply for an L visa (or an F visa if you know what you're doing..I suspect not). You'll probably only get an L visa for 30 days but you can renew it once. You might have to show proof of funds as well. You can only get a new RP with a new job or as a full time student (X visa)
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Jayray



Joined: 28 Feb 2009
Posts: 373
Location: Back East

PostPosted: Fri Jan 15, 2010 12:11 am    Post subject: Reply with quote

Mister Al wrote:
Not sure if you're trolling or not.



Mr. Al, it DOES happen. My contract was canceled on the last day of classes. I had half a year left on my contract. I got rushed out before I could do anything about it.

To the OP: DO NOT allow anyone to take your passport. Otherwise, you'll find yourself with a 3-day "L" visa stuck in your passport, and by the time the passport is returned to you, you'll have one day to leave the country.

Been there. Done that. Get someone to talk to the PSB for you.
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Mister Al



Joined: 28 Jun 2004
Posts: 840
Location: In there

PostPosted: Fri Jan 15, 2010 4:11 am    Post subject: Reply with quote

Jayray wrote:
Mister Al wrote:
Not sure if you're trolling or not.



Mr. Al, it DOES happen. My contract was canceled on the last day of classes. I had half a year left on my contract. I got rushed out before I could do anything about it.

To the OP: DO NOT allow anyone to take your passport. Otherwise, you'll find yourself with a 3-day "L" visa stuck in your passport, and by the time the passport is returned to you, you'll have one day to leave the country.

Been there. Done that. Get someone to talk to the PSB for you.


I know contracts can be terminated at any time and empathise with those that it happens to. I was actualy referring to the fact that he talks about his RP being cancelled soon and his Z visa expiring in August. Just seems like a silly statement to me but he may just be confused.

And I agree he needs to go to the PSB himself or with a local friend.

OP, do not give your passport to your employer.
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svrart



Joined: 04 Jun 2003
Posts: 42
Location: Lanzhou, Gansu, China

PostPosted: Sat Jan 16, 2010 10:42 am    Post subject: Reply with quote

Hi,

Certainly not trolling. Just don't know the ins and outs of the visa situation because this is the first time it is happening to me.

I am still trying to find out the facts. I have looked on the net and have found contradictory info.

Thanks,
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jamesmollo



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

PostPosted: Sat Jan 16, 2010 10:51 am    Post subject: z visa Reply with quote

O.K It works like this...you can't have a z-visa and a residence permit at the same time, the former gets changed into the latter.

If you are talking about your residence permit expiring in August, then just keep your passport and worry about that later. If you, indeed, have a z-visa, that has not been changed after 30 days apon arrival in China, well then that is a problem.

If you are confused about this process you can try the s.a.f.e.a website or middlekingdomlife website for further information.
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China.Pete



Joined: 27 Apr 2006
Posts: 547

PostPosted: Wed Jan 20, 2010 12:10 pm    Post subject: Good Until August Reply with quote

James is correct. The Residence Permit being good through August gives you until then to find a new job. Don't give anyone your passport before then. Ask for a release letter from your current employer (nicely, if that might help). Worst case scenario is you can work the language schools semi-legally until something permanent comes along. If your current employer terminated you without cause, you could try and fight it (check with your local SAFEA). But the easiest route may be to forgo any restitution in exchange for a release letter and any niceness you can extract from them, just so that you can find something else as quickly as possible. My sympathies to anyone who's experienced this.
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Jayray



Joined: 28 Feb 2009
Posts: 373
Location: Back East

PostPosted: Wed Jan 20, 2010 11:36 pm    Post subject: Re: Good Until August Reply with quote

China.Pete wrote:
If your current employer terminated you without cause, you could try and fight it (check with your local SAFEA). But the easiest route may be to forgo any restitution in exchange for a release letter and any niceness you can extract from them, just so that you can find something else as quickly as possible. My sympathies to anyone who's experienced this.


Forget SAFEA or fighting termination without cause. If you DO find someone at SAFEA who can/will speak to you, he'll ask for a statement from you which you will fax to him (probably "her").

Then, the SAFEA lackey will send the complaint to your FAO who will twist and turn everything against you. Your FAO will become very sorrowful for having lost face and then will convince the SAFEA that you should not be hired anywhere.

In all likelihood, your FAO will surprise you and either try to get you to go to the PSB, or he/she will demand your passport. Get your pay before you do anything. And, as China.Pete says, get the release AND a letter of recommendation from your Chinese superior. The release and the letter of recommendation won't guarantee that anyone for whom you have worked won't stab you in the back after you leave the school, but it will cast some doubt about upon your culpability in a deal that went sour.

If you're planning to stay in China, find some place to stay so you can use the remaining time on your residency permit to look for a job.

Having been in your situation (as well as in the scenario I described), I recommend that you start moving out of the school NOW so that after you've collected everything that you can from the FAO, you can just hop on a city bus and go to safe haven. Take ANY job that will get your paperwork in order.

If anyone finds fault with my recommendations for flight, please correct me for the sake of the OP. I have experience with slimy FAO's, canceled contracts, being driven to Shanghai, having to chase the #@!!*# school van to get my luggage, only to find out that I had been dropped off at the wrong airport. I also have experience with not being able to get another job ANYWHERE in China.

I suggest that the OP flee ASAP and find work ASAP because once he's out of China, he's out for good.


Last edited by Jayray on Sat Mar 06, 2010 1:17 pm; edited 1 time in total
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Iceberg7811



Joined: 27 Apr 2009
Posts: 20

PostPosted: Fri Mar 05, 2010 3:28 am    Post subject: Reply with quote

I am in a similar situation,

My resident permit expires in July. Does that mean I can stay in china until July?. I have also broken the contract with my school.

Can I come back to china without problems?

Can I work part-time in another province?

I am very worried about this since my friend overstayed his visa by a few months and now he is being held in detention for 10 days.

Pls give only the facts save ur lectures for school.
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Sugar & Spice



Joined: 11 Feb 2010
Posts: 73

PostPosted: Fri Mar 05, 2010 3:54 am    Post subject: Reply with quote

It's been my experience that most schools won't cancel your Residence Permit if you leave early, but, as far as I know - if they ask for the passport = they will cancel it. I'm not sure, but, I think they can cancel the RP without your passport though.
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Jayray



Joined: 28 Feb 2009
Posts: 373
Location: Back East

PostPosted: Fri Mar 05, 2010 1:34 pm    Post subject: Reply with quote

If the RP is canceled and the teacher cannot leave immediately (as in that day) the RP must be replaced by something. In my case, it was a three day tourist visa (one day for processing, one day for me to pack my stuff) and one day sitting in the airport.

I accompanied the FAO to the PSB just to see what the h3ll goes on in the process of early cancellation. When we got to the PSB, I was required to sit for a picture. I refused. Unfortunately, the #@!!*% recruiter provided a digital file of the photos that I submitted with my application. That was attached to the papers that stayed in the file at the PSB.

The fun part was when we went to the travel agency to buy the ticket. (The FAO is required to buy the ticket through the Ministry of Aviation or some such thing). The Waiban complained that my return ticket was too expensive through the government.

Then, when she got the price from the travel agency, she wanted me to chip in for the ticket.

I won't repeat what I told the waiban.

The agent spoke perfect English. I asked her for my itinerary (I'm an American).

"LAX" (Los Angeles).

---AND?

"Los Angeles. That's it."

--- Uh, well, my contract calls for return airfare. I've got 2,000 miles to go!

The travel agent was a sweetheart. She could figure out what was going on. She booked me through to my final destination. The waiban again asked me for money.

--- [expletive deleted]

She had to go back to the bank to get more cash. I couldn't figure out why she didn't just bring cash from the school, but for some reason, all of my compensation--- airfare, last salary came right out of her purse. Go figure.

But anyway, your RP will have to be replaced with something else, and the FAO has a responsibility to allow you to either find a new job or get you a tourist visa so that you don't run afoul of the law.
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jamesmollo



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

PostPosted: Sat Mar 06, 2010 6:35 am    Post subject: contract cancelled Reply with quote

Not true! Jayray made the mistake of handing over his passport. NEVER DO THAT! The powers that be can do nothing if you don't. The PSB do not get involved in such matters unless you let them. That is why they are called the public security bureau.

What they can do is cancel your foreign expert's certificate, not a big deal for a new employer to deal with. They can do that online. And they are required to do so when you leave the 'work unit'

This just means you are now a resident without a purpose, i.e you are no longer a foreign expert but have residence status for the duration of the date in your passport.

You see, a z-visa is a general work category visa that is changed into a residence permit based on your employer's obtaining a foreign expert's certificate upon arrival into China within 30 days.

Just don't hand over your passport for any reason! otherwise, what happened to jayray will happen to you i.e they will/can replace it with a temporary L visa and you will have to leave in a limited ammount of time.
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