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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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sainthood



Joined: 15 Nov 2010
Posts: 175
Location: Somewhere over the rainbow

PostPosted: Wed May 25, 2011 5:09 am    Post subject: Reply with quote

Obviously, that 'piece of paper' you signed about not taking them to court is a complete waste of time...and paper.


FTR, folks, when I first came to China, and was in my university, I did hand over my passport.... and I got it back a few weeks later with a nice shiny RP in it. I came here legally, and if I worked here for the first few weeks, it would have been illegally (which I did, true!), and then all was legal.

As was sort of mentioned, there are a few here who have been scammed, but the majority of us haven't - let's not go terrifying all the new-comers here....but just be cautious. (and have a photocopy of your passport - which you should have anyway, because you sent them a copy of it before you got your contract!)
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mat chen



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

PostPosted: Wed May 25, 2011 9:46 am    Post subject: Reply with quote

sainhood. It is against all international laws to withhold a passport for a few weeks. Check with your embassy. Other things going on here and you know it. I too have had this happen and everything worked out. I was not comfortable with this situation. These things should be worked out in your own country not in China.
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Wed May 25, 2011 10:10 am    Post subject: Reply with quote

The thing I find the oddest about the PSB (or who ever puts the RPs in the passports) process is that they allow someone other than the bearer of the passport to pick it up without any release form (bearer agrees the passport my be released to x person). This in itself increases the chances of someone illegally withholding the passport, and actually implicates the PSB person who released it. The Chinese embassy is a bit smarter, you must sign and agree.

I have given my passport up for renewal at my current job more than once, letting the admin handle all the work. I have said in another thread, I trust the admin. Then again, my program isn't ran by unprofessional/sketchy people and there is true respect between co-workers regarding what they do. When the new RP is there it is picked up for me and promptly returned.
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Wed May 25, 2011 3:23 pm    Post subject: Reply with quote

I'm not sure where this conversation is going.

Some are saying to get your work visa from home before you come; others come and get it 'processed' (which seems the norm).

So are we in agreement not to trust anyone with our passport then? Or... selective trust?

Mat Chen is correct that one of the oldest tricks in the book is for an employer to hold your passport and not process it. Then return it a day before the visa expires, making you get out of their hair.

Happened to many a friend here over the years.

Looks like Hewlett got his passport back, and the person who STOLE it and REFUSED to return it was in a panic because otherwise they wouldn't ask him to sign anything.

Personally, Hewlett did not need to sign it. Was he blackmailed? What would have happened if he refused to sign it? Hold his passport?

I'd stand in court and say "He said he would return it if I signed a release saying I won't sue them, which means to me that they are in the wrong or they wouldn't make that request.

But that's just me.

Glad all worked out in the end, either way.

Don't work until you have your passport in your hand, that's the motto I live by. But, that's just me.
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Wed May 25, 2011 4:34 pm    Post subject: Reply with quote

catinthehatter wrote:
Take personal responsibility folks - it's that simple.


Not that simple.

Not everyone is as experienced with these visa issues, Tributary. Think back to when you first came to China? Did you have all the 'answers' that you seem to have now?

Quote:
There is no law that requires you come to China illegally on an incorrect visa


There is also no law that prevents you from coming to China as a visitor to visit a school. The law is only working on a visitor's visa. Please do not confuse others, Tributary.

WARNING: If you come to China on a one-year working visa, and the school decides to abuse you, you cannot so easily leave the job nor seek help. You are effectively under the thumb of that school until THEY decide to release you. You BELONG to that school. It is ALWAYS better to check the school BEFORE you sign the contract, whenever possible.

Quote:
- thus obtain your visa prior to arrival - as required by law.


Incorrect advice, Tributary. It is only required by law to have a working visa in order to work, not to visit the country. You do not need a working visa to go visit a school and check it out.

Tributary, please do not encourage teachers to get stuck as a slave for a whole year in deplorable conditions, it is a poor message to all potential new teachers.

Quote:
Second, there is no law that states your employer, recruiter, agent, etc. submit your passport on your behalf for credentials.


This is also false information. An employer is your sponsor. They certainly have documents that need submitting and their participation in the visa application process is critical.

The employer is your sponsor. This is the law.

Quote:
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.


Yes, this is true. You have the right to do so. However, it is not an obligation, but a right.

Teachers are free to exercise their free choice, free of abuse. If someone chooses to abuse the teacher, this is not the fault of the victim. And no one deserves to be cheated.

Quote:
Where is the harm and personal responsibility of doing it yourself?


Where is the harm of having someone who has never been through the process before get a bit of help?

Quote:
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.


So, do you suggest to new teachers not to believe or trust the words of government departments? Is this your advice, Tributary?

I can't understand this, at all.

If a government department tells a newbie teacher to do something, and they do it, and then they get abused or lied to.... why is this the newbie teacher's fault again?

Same here as goes for back at home. If I go into any government-run office and they ask something of me, why would I have to assume they would cheat me?

Quote:
Otherwise, you get what you get - deservedly so.


Again, Tributary I will state: No one deserves to be lied to, abused, or cheated-- especially when they make their application in good faith.

Strongly disagree with continued messages that can hurt other teachers...
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askiptochina



Joined: 26 Feb 2010
Posts: 488
Location: Beijing

PostPosted: Thu May 26, 2011 4:54 am    Post subject: Reply with quote

Quote:
Then return it a day before the visa expires, making you get out of their hair.


Then the teacher has waited too long to get their passport back. Every 3 days you need to hound the school for what you need. Don't let up. Anytime they ask you to do something, mention whatever it is (visa, broken item in the apartment, whatever).
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clownshow



Joined: 19 Dec 2010
Posts: 181

PostPosted: Thu May 26, 2011 11:47 pm    Post subject: Reply with quote

Quote:
So, do you suggest to new teachers not to believe or trust the words of government departments


Prudent advice. Words from the government is often just words of an officer or a flunky of a government office and have little to do with any regulation. Example: A friend was recently sued by a Chinese former employee and was told by an �officer� of the court (again there is no way to verify if he is really an officer or a flunky) that he was restricted to China. His attorney informed him that it would take a court order to accomplish this and that likely the person who had informed him of the restriction was a friend of the ex employee.



Quote:
If a government department tells a newbie teacher to do something, and they do it, and then they get abused or lied to.... why is this the newbie teacher's fault again?


While those who seek to lay blame are often just trying to antagonize, all FTs should remember they need to seek control of situations which could potentially make them a victim and not to believe everything they heard but also not to react in an adverse manor to information given but rather to seek several sources and phrase question in several different way to ascertain the real procedures. Example: While I let my employer�s partner arrange the FEC, I contend that self service as to RP status is preferable and if possible to go with the employers rep. as any problems at the immigration section of the PSB could be smoothed over by a savvy FAO or a few words from the applicant.

Quote:
Same here as goes for back at home. If I go into any government-run office and they ask something of me, why would I have to assume they would cheat me?


I would assume that government offices are the haven of incompetents on either side of the big pond. I just finished reading the post of the FT that got a DL and the request for a chinese name which turned out was not required. I too was put off by the head master of a driving school with all kinds of phoney requirments and stuck to my goal and aquired a DL after considerable effort, non which included assuming that they were telling the truth.


Quote:
Quote:
Second, there is no law that states your employer, recruiter, agent, etc. submit your passport on your behalf for credentials.


This is also false information. An employer is your sponsor. They certainly have documents that need submitting and their participation in the visa application process is critical.


Due to the tit for tat volley of this posting, the issue may be getting clouded with "barbs" and the real issue of information may be getting lost. There is no reason why an applicant cannot get the FEC and apply for the RP themselves. While the application for a FEC is in the hands of the employer, the RP can and is often applied for by the applicant with or without the FAO present. This may be qualified by further stating that in some areas the PSB may have a policy that requires the schools batch the applications (which if not required can be aquired by the applicant at the imigration office of the local PBS, at least in larger cities), but there is no reason an applicant cannot address the RP/visa requirment themselves.


Last edited by clownshow on Fri May 27, 2011 12:18 am; edited 2 times in total
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