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Going to court tommrow to get my passport back
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mat chen



Joined: 01 Nov 2009
Posts: 494
Location: xiangtan hunan

PostPosted: Tue May 24, 2011 4:58 am    Post subject: Reply with quote

Blaiming the victim is the norm on this forum. I have seen first hand how the hands of justice work here. Holding on to passports is the norm. It is a way to make sure the prostitute doesn't run on the pimp. It is also how they get rid of people. The person thinks their passport is being processed and then they are told they have overstayed and must leave the country immediately. It has happened to me and I had to get a new passport. I did nothing other than abide by the contract. I taught all my classes and was cheated out of overtime that was supposed to be paid at the end. This was at a university with over 30,000 students. I was told by many Chinese at this school I would not be paid. I had lost all my books because I ran before the police could trap me like the others. The 200 books are probably in the school library. I went to the labour board with everything in Chinese. They just picked up their newspapers. Sorry this is a harmonious society. We are not part of it.
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xjgirl



Joined: 02 Feb 2010
Posts: 242

PostPosted: Tue May 24, 2011 5:04 am    Post subject: Reply with quote

Nowadays I don't see how they can actually take your passport off you for any purpose anyway, why is your(your state's)passport in someone else's hand??
If you post it off to someone or hand it to someone, that's not your Embassy or the PSB, then it's your fault for whatever happens

There's no need at any stage of the visa application process that you should need to actually physically let go of your passport to someone who's not PSB
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xjgirl



Joined: 02 Feb 2010
Posts: 242

PostPosted: Tue May 24, 2011 5:06 am    Post subject: Reply with quote

And this is what Mr Hewlett will be told in court today.

Case Dismissed.
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mat chen



Joined: 01 Nov 2009
Posts: 494
Location: xiangtan hunan

PostPosted: Tue May 24, 2011 8:07 am    Post subject: Reply with quote

Exactly. Case dismissed. But xjgirl are you working on a Z visa now? If you are did you not relenquish your passport so as your visa could be processed? This forum has had many people talking about passports being in other peoples hands. It is the oldest trick. Keep the passport and then they can't run.
I had this delema when I first came here. I told them this at the start. I said they could have my passport but I go with it. My job was from hell after that and I had to fight for every pay check and air fair money at the end.
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Tue May 24, 2011 8:22 am    Post subject: Reply with quote

mat chen wrote:
Exactly. Case dismissed. But xjgirl are you working on a Z visa now? If you are did you not relenquish your passport so as your visa could be processed?

of course people have to leave their passport in someone's hands for a period of time, common sense tells you as much. Unless you camp out in the local PSB office for a week while they process the RP there's no avoiding it. But being escorted to the PSB office with your FAO to fill in some forms and then leaving your passport in that office so you can get the RP is hardly the same as handing your passport over to some recruiter or agent who you know nothing about and who made some vague promises that might have no chance of ever being fulfilled.
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catinthehatter



Joined: 04 Apr 2011
Posts: 29

PostPosted: Tue May 24, 2011 9:08 am    Post subject: Reply with quote

Take personal responsibility folks - it's that simple. There is no law that requires you come to China illegally on an incorrect visa - thus obtain your visa prior to arrival - as required by law. Second, there is no law that states your employer, recruiter, agent, etc. submit your passport on your behalf for credentials. You are in your right to accompany your employer to the PSB and hand over your documents yourself and keep the receipt yourself and pick up the passport when credentials completed yourself.

Where is the harm and personal responsibility of doing it yourself? The PSB or Education Department or Foreign Expert Bureau MAY tell you that your employer must do it - that is and isn't true. It is true they must provide specific documents and be present with necessary ID information, but YOU are in your right and SHOULD be in your self-responsibility plan to be there as well and be sure where your documents are at all times.

Otherwise, you get what you get - deservedly so.

So, come to China legally. Work legally. Submit and pickup your passport for required credentials yourself. Problem averted.
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hewlett77



Joined: 17 Dec 2009
Posts: 95
Location: all over China

PostPosted: Tue May 24, 2011 5:38 pm    Post subject: Reply with quote

Well I'm in shenzhen now after a visa run to hk. But too late for me, i was one day late so got a warning not to over stay my visa again or face getting kicked out. I explained to the people at the border the suitation, but did not seem to care so much.
As for court, it did not go that far but nearly did. I spent the whole morning yesterday waiting for an english speaking cop to turn up to make the report for court. Just after he came, the agents husband comes walking in demanding i write him a note saying i will not take legal action against Chinaesl, and then he return my passport. So I thought right, just get it back and sign that paper he shoved in my face. But then he turns around and demands I hand back my copy of the contract with the agent. I thought very strange but then come think of it, that contract would be daming evidence against the agency if i took it too court. But i did the smart thing and made a copy of the contract and kept it on my laptop.
Anyhow back to Beijing with a better offer.
I'm not going to trust agents anymore, anywhere.
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Laurence



Joined: 26 Apr 2005
Posts: 401

PostPosted: Tue May 24, 2011 5:47 pm    Post subject: Reply with quote

hmm, if he was offering you money, then was it because he was likely to lose out in court?

I wonder what would have happened had you stood your ground..?


Either way, thanks, Hewlett77, for documenting your travails

: )
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