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panman36
Joined: 04 Jun 2008
Posts: 48
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 Posted: Fri Dec 23, 2011 8:42 pm Post subject: does residence permit get cancelled upon being terminated? |
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My employer is terminating my contract on Jan. 13. He also says residence permit will be cancelled at that time. Can he do that?
I've gotten a new job that doesn't start until Feb. 4. Is this a problem? How can I stay in China legally during this time. Thanks. |
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Miles Smiles
Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee
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| Posted: Fri Dec 23, 2011 11:01 pm Post subject: |
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Your employer can be a jerk and cancel your RP before you leave the country by having your RP replaced with a tourist visa, thus making it impossible for you to change your visa to a Z unless you go home and get another letter of invitation, etc., or he can cancel your residence permit by having it replaced with an F visa (that expires after the 13th) which will allow you to go to HK to change your visa. (Yes, it can still be done in HK).
You may also just ask the soon-to-be-former employer to not cancel your RP because you have another job lined up.
Talk to your new employer ASAP and get him moving. He may be able to get you a new RP before your old employer can do anything. Just because your new job starts on the 13th doesn't mean that he has to wait until the 13th to get the paperwork moving. |
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grape_fruit
Joined: 11 Aug 2011
Posts: 17
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| Posted: Sat Dec 24, 2011 12:33 am Post subject: |
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Your employer absoultely CAN do that. However, the technical side of it, is that you must be present, with your passport, so they can cancel/void your permit and then issue you a temporary/visitor visa so that you have time to technically leave the country. Then, you'd be required to leave China to obtain new working credentials.
Yes, he can. It's this simple - your permit is tied to HIS employ of you. Why should he give you access to the country if you are not his employee. |
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askiptochina
Joined: 26 Feb 2010
Posts: 488
Location: Beijing
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| Posted: Sat Dec 24, 2011 9:00 am Post subject: |
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| Quote: |
| He may be able to get you a new RP before your old employer can do anything. |
He may also be able to talk with the current employer to get the transfer done.
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| you must be present, with your passport, so they can cancel/void your permit and then issue you a temporary/visitor visa |
That's good news, I was wondering if my previous employer did this too, because I had problems getting a transfer. Beijing kept telling me I didn't have the right paperwork, and my old school told me I had to go back to talk with the PSB to tell them why I left. Finally, 3 days before my visa was to expire, Beijing allowed me to use the existing documents submitted. I still don't know what they were looking for. |
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Miles Smiles
Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee
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| Posted: Sat Dec 24, 2011 9:48 am Post subject: |
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| grape_fruit wrote: |
"...you must be present, with your passport, so they can cancel/void your permit and then issue you a temporary/visitor visa so that you have time to technically leave the country. Then, you'd be required to leave China to obtain new working credentials."
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Not in my case. My school was in SERIOUS violation of my contract, so I got the City FAO involved. (The SAFEA is only for those who still believe in Santa Clause). The FAO took my passport and FEC and my passport to the PSB (or whoever processes this stuff) and returned my passport a week later.
I asked for an F visa rather than an L and got it after first arguing for the school not to cancel the residence permit at all so I could work elsewhere without hassle. (The school had a snit fit and agreed to an early termination of my contract to save it money). The City FAO couldn't guarantee anything because it was operating as an arbitrator and could not force the grits-for-brains FAO to do anything
But no, I didn't have to be present. The City FAO DID ask for an official statement for the PSB termination certificate. I had to state reasons for terminating my contract. (It isn't as official as it sounds. It's something on a piece of copy paper with the expected chop on it).
I asked for "breach of contract" to appear on the statement.
I received a copy and had it translated to something that said something like : differences of opinion. (I had three Chinese translate it and they all said just about the same thing).
I guess that means the same thing. |
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peewee1979
Joined: 30 Jun 2011
Posts: 167
Location: Once in China was enough. Burned and robbed by Delter and watching others get cheated was enough.
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| Posted: Thu Dec 29, 2011 12:22 am Post subject: |
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DON'T give them your passport regardless what they tell you.
While the PSB doesn't need your passport to cancel your visa it is a big hassle for the employer to do it when they don't have your passport.
At this point try to leave on good terms - if that is possible and DON'T BELIEVE them if they tell you that you must give your passport to them or return the FEC book. |
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JoeThePlumber
Joined: 11 Apr 2010
Posts: 90
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| Posted: Thu Dec 29, 2011 4:47 pm Post subject: |
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| Miles Smiles wrote: |
Not in my case. My school was in SERIOUS violation of my contract, so I got the City FAO involved. (The SAFEA is only for those who still believe in Santa Clause). The FAO took my passport and FEC and my passport to the PSB (or whoever processes this stuff) and returned my passport a week later.
I asked for an F visa rather than an L and got it after first arguing for the school not to cancel the residence permit at all so I could work elsewhere without hassle. (The school had a snit fit and agreed to an early termination of my contract to save it money). The City FAO couldn't guarantee anything because it was operating as an arbitrator and could not force the grits-for-brains FAO to do anything
But no, I didn't have to be present. The City FAO DID ask for an official statement for the PSB termination certificate. I had to state reasons for terminating my contract. (It isn't as official as it sounds. It's something on a piece of copy paper with the expected chop on it).
I asked for "breach of contract" to appear on the statement.
I received a copy and had it translated to something that said something like : differences of opinion. (I had three Chinese translate it and they all said just about the same thing).
I guess that means the same thing. |
I never heard of a "City FAO". Where does one find one of these creatures? |
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