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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Tue Jun 27, 2006 3:25 am Post subject: |
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Voodikon,
The school is lying to you about the visa renewal; however, you are in a loosing situation. Your visa should be extendable.
I was actually thinking of starting a thread about the visa scam business in China. Although presently not teaching, previously I was burned on a visa. I paid for a 5 year visa with multiple entries but was given one for the approximate period of my contract, 1 year. The difference in the cost was not refunded!
My current FAO is a sociopathic type, similar to the night mare I had while teaching. He pulled some kind of a shady deal with my visa, getting me one shorter than the school term; consequently, I'll have to renew my visa to complete the entire term, a step which should not be necessary It will certainly be more expensive. He told me so many conflicting stories about the visa, I dread ever entrusting my passport to him again.
The Chinese embassy website has good info about visas, but it still manages to be ambiguous. |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Tue Jun 27, 2006 9:46 am Post subject: |
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Normally the validity of a residence permit (or the old work visa) was or is tied to your tenure; few employers want to sponsor you during your holidays if you do not return to them after those holidays. That's why the end of a semester or the final exams usually is the end of your visa. Extensions are possible - but if the employer isn't willing he isn't willing, full stop.
You can still get an extension by moving to a respectable hotel, stay one or two nights, and go to the P.S.B. yourself. You will need two pictures and some cash (maybe 50 kuai). |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Tue Jun 27, 2006 12:41 pm Post subject: |
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I don't think that leaving should be something that you consider. If you leave then you are guaranteeing that you won't get those benefits. If you stay you might be given them or in the very least you will be entitled to fight for them.
I recall seeing a situation such as yours on this forum not so long ago and frankly it is disgusting to see schools behaving this way. It seems that you have all the legal documents and therefore it is likely that you are working at a SAFEA recognized school. If so then you have recourse for making a complaint and seeking mediation through SAFEA. Complaints apparently count against SAFEA recognized schools and theoretically they can get their rights to employ foreigners revoked if there are enough complaints, but i am not aware of any case of this having ever happened. It is however a good thing for us all to bear in mind as formal complaints can sometimes have an impact.
I think that if I were you I would speak with SAFEA and the local foreign affairs police. I have always found the foreign affairs police to be very cold on the outside but actually quite helpful if you can get past their icy exterior. What I wouldn't do at this stage is leave, make a scene, or any threats.
Let the school know that you are not happy about the situation and give them (in writing) a point form summary of what you want them to do. Insist in this document that you will not work illegally. If they give you any of that 'it will be okay, don't worry about it' business then say 'OK, but I just want to check with the authorities that it is in fact OK. If they say that it is OK then I won't have a problem.'
Finally, let us know how you go. |
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voodikon

Joined: 23 Sep 2004 Posts: 1363 Location: chengdu
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Posted: Tue Jun 27, 2006 12:52 pm Post subject: |
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well i thought it mighty silly of them to sign contracts with us through the summer, but then they'd stipulated we'd have only two weeks of vacation during the winter and three weeks in the summer; they thought they'd have work for us during these periods, because they thought that the "english training program" they wanted to offer during the holidays would attract enough students that they could hold them. well, the program advertised during the winter holiday turned out to be a flop, attracting only a handful of students, and not enough to supports its running, so they've known they wouldn't have work for us in the summer and are now trying to weasel out of their promises.
and i'd certainly consider (and likely would) work for them next year, but they suddenly don't want me, though they can't tell me any specific reason why, other than "the students said they can't learn from" me. whatever that's supposed to mean. (i've never missed a day of work; i willingly took on six additional classes when another teacher bailed on them and the other teacher, whose contract they want to renew, refused to; i generally show up to their dumb voluntary "extracurricular activities"; i put effort and energy into organizing the other teachers and my lesson plans; and i thought i had developed a pretty good rapport with my students. was it my lack of "yellow hair" or the fact that i don't just throw on a dvd every class period? i'll never know.). yeah, i'm pretty insulted and bitter about the whole thing. and to be told this with two weeks of exam-giving to go, it's getting mighty hard to get up and go to work each day. |
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vikdk
Joined: 25 Jun 2003 Posts: 1676
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Posted: Tue Jun 27, 2006 1:15 pm Post subject: |
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| I think that if I were you I would speak with SAFEA and the local foreign affairs police. I have always found the foreign affairs police to be very cold on the outside but actually quite helpful if you can get past their icy exterior |
wow thats interesting clark - could be of great use to us to find how you deal with officialdom here and in what context - we could get some good tips - do you have a close liason with SAFEA through your job  |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Tue Jun 27, 2006 1:27 pm Post subject: |
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| vikdk wrote: |
| Quote: |
| I think that if I were you I would speak with SAFEA and the local foreign affairs police. I have always found the foreign affairs police to be very cold on the outside but actually quite helpful if you can get past their icy exterior |
wow thats interesting clark - could be of great use to us to find how you deal with officialdom here and in what context - we could get some good tips - do you have a close liason with SAFEA through your job  |
Vikdk if I thought that your question was even half serious then I would answer, but you have proven time and time again that you are not interested in the facts, you are just fishing for ammunition. Good luck to you mate, but I have no interest in participating any further in these little waste of time squabbles that you seem to want to have.
Vikdk, if you have any advice for the OP then lets see it. If however your involvement here is just to attempt to ridicule others then I again suggest that you get yourself a hobby. |
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Voldermort

Joined: 14 Apr 2004 Posts: 597
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Posted: Tue Jun 27, 2006 2:44 pm Post subject: |
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| clark.w.griswald wrote: |
| Vikdk if I thought that your question was even half serious then I would answer, but you have proven time and time again that you are not interested in the facts, you are just fishing for ammunition. |
Are you trying to imply that you are interested in the facts? That sounds a little strange for somebody making money by promoting shady at best schools an a website. The same person who likes to mislead others with a pathetic ranking sytem for schools, without having worked for them nor visited them.
| clark.w.griswald wrote: |
| Good luck to you mate, but I have no interest in participating any further in these little waste of time squabbles that you seem to want to have. |
This is the best sentence you have written out of those millions of excuses for posts. Well, since you are interested in the facts, and since what you post really are the facts, I do hope that you will cease any further participation. Perhaps after you leave Daves, you could start your own forums and leave us ESLers to do what we signed up for here. |
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Malsol
Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou
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Posted: Tue Jun 27, 2006 8:46 pm Post subject: |
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| clark.w.griswald wrote: |
I don't think that leaving should be something that you consider. If you leave then you are guaranteeing that you won't get those benefits. If you stay you might be given them or in the very least you will be entitled to fight for them.
I recall seeing a situation such as yours on this forum not so long ago and frankly it is disgusting to see schools behaving this way. It seems that you have all the legal documents and therefore it is likely that you are working at a SAFEA recognized school. If so then you have recourse for making a complaint and seeking mediation through SAFEA. Complaints apparently count against SAFEA recognized schools and theoretically they can get their rights to employ foreigners revoked if there are enough complaints, but i am not aware of any case of this having ever happened. It is however a good thing for us all to bear in mind as formal complaints can sometimes have an impact.
I think that if I were you I would speak with SAFEA and the local foreign affairs police. I have always found the foreign affairs police to be very cold on the outside but actually quite helpful if you can get past their icy exterior. What I wouldn't do at this stage is leave, make a scene, or any threats.
Let the school know that you are not happy about the situation and give them (in writing) a point form summary of what you want them to do. Insist in this document that you will not work illegally. If they give you any of that 'it will be okay, don't worry about it' business then say 'OK, but I just want to check with the authorities that it is in fact OK. If they say that it is OK then I won't have a problem.'
Finally, let us know how you go. |
Clark is this your professional legal opinion? Is your liability insurer on notice?
Your web site is a joke but unfortunately you are not very funny. |
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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Wed Jun 28, 2006 4:18 am Post subject: |
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Voodikon, Your description of all that you did for your school, only to be terminated does sound painful. I felt this type of pain for many years in a service oriented "profession." It is not at all unique to FTs. Many people who enter this kind of work are essentially codependent types. By nature, we hook up with people who will abuse, not appreciate, or victimize us.
Similar to women who stay with abusive husbands. Others fret when the devoted wives are finally murdered, but really, there is something in their sick mind that asks for this.
Not a few people working in China are in similar positions. Possibly suffering from low self esteem, or disrespect of oneself for various reasons, we try to deal on the level with people whose entire life experience has been on a slant.
Tough situation.
Re: Clark W. Griswald. I found Clark to be a decent guy trying to do something to improve the situation of FTs in China. You guys are all hat, no cows. |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Wed Jun 28, 2006 5:46 am Post subject: |
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I will second that - Clark has done his best in giving a helpful answer, and some posters are merely looking for a fight where there should be no fight at all.
There isn't that much you can do in China, laws notwithstanding. It's always a gamble. The best advice is to try to cut your losses!
Try to get some authority involved, but it will be a fiasco: it's going to be a "she said" versus "he said" game.
The police here are amateurs, the judiciary is composed of ideologues and amateurs, and the schools are run by despots; in the end it's a "us Chinese versus foreign Barbarians" game.
I would love to report something nicer but my opinion on China's authorities is deeply marked by scathing disappointments due to their unreliability. Chinese loathe nothing more than having to go nout of their way and show some initiative and imagination. Two burglaries in three weeks in my life - and the cops, in spite of my giving them leads and clues, stay in the airconditioned comfort of their offices and sip tea, doing nothing else. You can also call it "pass the buck" - they actually suggested I pursue justice through the court! In other words: the police have no mandate to prevent crime even if they know who is going to commit it! |
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william wallace
Joined: 14 May 2003 Posts: 2869 Location: in between
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Posted: Wed Jun 28, 2006 8:01 am Post subject: |
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nil
Last edited by william wallace on Sat Nov 24, 2007 6:29 am; edited 1 time in total |
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Susie
Joined: 02 Jul 2003 Posts: 390 Location: PRC
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Posted: Sat Jul 01, 2006 2:06 am Post subject: Re: i can't believe i got myself into this ... |
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| voodikon wrote: |
how about this one:
i've been at my school since sept. 1, 2005. in october, i signed a contract with them that's dated through august 30, 2006. the contract states that the employer will provide us with a visa, housing, salary, and airfare. in my reading, that means through august 30. well, our visas are expiring on july 10, and the school is suddenly saying they won't/can't renew our visas through august 30 unless we renew our contracts for another year. however, after a few months of asking us whether or not we're going to sign on again and my asking them whether they'll offer us a raise, etc., they've suddenly decided that they don't want to renew my contract. fine, but in my mind that doesn't excuse them from fulfilling their end of the current contract. am i right?
now the school is suddenly also suggesting that we find a new employer and break the contract like one of the other employees is currently in the process of doing so that the new employer can take care of the visa. in my mind, that will simply exempt the school from fulfilling its obligations because we're the ones breaking the contract. we're expected to work until july 10 (giving final exams and then submitting final grades), but i get this horrible feeling that we're going to work until that date and then our school will say, sorry, see you, and we'll suddenly find ourselves visa-less, homeless, salary-less, and bonus-less. we've all performed our jobs adequately (i'd dare say admirably well given the condition of the college), and i have to wonder just who this college thinks they're going to find to replace us.
unfortunately, the only card i feel like i can play is to let them know that if they screw around, i'll do my best to ensure no other foreign teacher works there again. but that doesn't seem like very much leverage. my other instinct is to simply up and quit today, but that would be sacrificing a big pile of money (that i don't know if i'll see even if i don't quit).
suggestions? |
I understand your situation. It seems that you have to deal with CHANGE. Intially the deal was negotiated up to 30th August, now that has been changed by the school. I think you need to negotiate a new deal up to the 10th July. The visa has already been determined, and presumable you will be unemployed from that date, therefore no salary beyond 10th July. The only question is about your airfare.
A dilemma has been created for you by your Chinese leaders who maybe master chess players and it seems that you might have been checkmated.
I think Clark's advice is sound only for someone who is emotionally mature and capable of negotiating a new deal with the Chinese school leaders out of the dilemma made for you by them.
I think Voodikon that if you try to get all that was promised to you at the start of the deal, then, you will leave with bitterness and pain. Don't be a victim. You can go to the leaders and ask them what the situation is regarding your salary, work, housing and airfare from 10th July to 30th August as per the contract.
You could ask for your airfare, tell them that you need it well before 10th July given the new visa situation of their making.
The school leaders said they'd give you a visa, housing, salary & airfare to 30 August. However, they have given you a visa only up to 10 July, so the only way to get a visa up to the 30 August is through the school. They got you the first visa, it is they who have to supply you with the second one, but they said that they couldn't unless you signed for a second year, then, you haggled about a salary increase. I think you should have moved to get a cut of your airfare at that time. Now the school leaders don't want to renew your contract and don't want to renew your visa, so it seems that your situation will end there at that school on 10th July. Try to get your airfare first.
I would like to know the name of the school and the Chinese names of those involved in cheating you. |
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