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Blacklist / Negative exit letter? Can't get back! help!
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twosn3snfg



Joined: 04 Feb 2012
Posts: 2
Location: Portland, OR

PostPosted: Sat May 03, 2014 3:19 pm    Post subject: Blacklist / Negative exit letter? Can't get back! help! Reply with quote

Hey -

So I switched employers, took a break at home between contracts. When I returned to a new employer, I found that I had been deceived, nothing was as i was told it would be, and I was not willing to deal with it. I asked to leave, things got messy, and I begin to receive threats, so I took off.

I tried to come back and work for my original employer but when they went to PSB to get paperwork for me they weren't allowed to. Now I'm stuck in the States and can't get back.

I have a nice job here, but I loved living in China and would really like to return.

What can I do? Any help is greatly appreciated.
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SledgeCleaver



Joined: 02 Mar 2013
Posts: 126

PostPosted: Sat May 03, 2014 3:52 pm    Post subject: Reply with quote

I'm not familiar with China's exact bureaucratic system, however in a case like this you really have to ask your desired school to go to bat for you, and hope they have connections/guanxi. For example, a school I worked for in Russia apparently had access to "cultural visas" through some sort of Jewish organization there, which other schools could not get, and this allowed them to better navigate the system when there were visa changes and work visas could not be had.

Perhaps the head of your school knows who can make something like this disappear, or can write a letter or bring some type of case to a higher-up in the right government office.

Sorry, I can't be more specific than that. Also, my scenario is extremely contingent on various factors:
1. Whether the people at your school know how to navigate the proper bureaucracy, both in "white" terms (ie. letters, suits) and perhaps in "black" terms (ie. guanxi or "touching" someone who can help). In that sense, it will probably matter how "high up" such things go, ie. whether it's some local provincial office or a centralized organization.
2. Even then, the school has to want to go to bat for you. Do they genuinely like you, or are you such a good teacher that they badly want you back? I'm sorry to say, but it's possible they consider you quite expendable, and that for them it would be easier to find a fresh new teacher with no black marks rather than go to bat for you. Unless you have extremely marketable skills, I've often seen that schools don't care much about individual ESL teachers.

Good luck, hopefully someone with more China knowledge will chime in. Pretty sure you can also go back to China, but just in a different administrative region or province; someone will likely clarify that below.
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twosn3snfg



Joined: 04 Feb 2012
Posts: 2
Location: Portland, OR

PostPosted: Sat May 03, 2014 6:02 pm    Post subject: Reply with quote

whatever was done in Guangzhou kept me from working in Hangzhou.
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SledgeCleaver



Joined: 02 Mar 2013
Posts: 126

PostPosted: Sat May 03, 2014 11:41 pm    Post subject: Reply with quote

twosn3snfg wrote:
whatever was done in Guangzhou kept me from working in Hangzhou.


That would have been helpful to know. If it's true, you're providing direct evidence that some sort of "central blacklist" does exist. As I understand, the most basic aspects of this blacklist (or even whether it exists) are somewhat under debate; schools seem to threaten blacklisting, but lots of anecdotal evidence has stated that this usually isn't carried out or is even basically an idle threat. But in your case, it really does sound like there's some central office that has your name and passport number, and doesn't like you. Best of luck, hopefully someone will post some ideas for you.
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litterascriptor



Joined: 17 Jan 2013
Posts: 360

PostPosted: Sat May 03, 2014 11:49 pm    Post subject: Reply with quote

I think it is more like your school in Guangzhou gave you a terrible reference, which is making it difficult for your school in Hangzhou to get you a visa.

I doubt this is some sort of "blacklist" at all.

Get your new school to talk directly with your old school. Maybe they can talk them down a bit.
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Bud Powell



Joined: 11 Jul 2013
Posts: 1736

PostPosted: Sun May 04, 2014 2:02 am    Post subject: Reply with quote

If it's true, you're providing direct evidence that some sort of "central blacklist" does exist.

Not necessarily. After the release procedure was instituted, I talked to an FAO about FAO's talking to each other about FTs. She implied that FAO's weren't allowed to do that. (Actually, her comment was somewhere between not allowed and discouraged). After the release procedure was instituted, she said that FAO's were more likely to talk to each other.

It's a lot more likely that someone picked up the phone and called someone.

I think that an official blacklist would work against schools because one school's jerk can be another school's answer to its prayers. Besides if there were a blacklist, FAO's and others in a position to hire would be privy to the list. After all, it costs money to secure a letter of invitation. If you went through a recruiter, the recruiter may even be entitled to her commission. In addition, if you were issued a Z visa, but denied a residence permit, the would-be employer would probably be responsible for returning you home at his cost, not yours.

FAO's and school owners and managers are well aware of the problems within the various systems. They know that scoundrels and incompetents abound. All employers everywhere know this. This is why some employers never even contact past employers.

If you intend to return to China to work for a few years, you may need to work at a less-than-desirable location, reestablish your reputation, then move on.

I think it is more like your school in Guangzhou gave you a terrible reference, which is making it difficult for your school in Hangzhou to get you a visa.

This may be true, but why did the process go all the way through to your arriving in China, only to be denied a residence permit?

Something isn't adding up.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Sun May 04, 2014 2:30 am    Post subject: Reply with quote

Bud Powell wrote:
...but why did the process go all the way through to your arriving in China, only to be denied a residence permit?

Something isn't adding up.


sounds more like the original school tried to get a work permit or visa invite,
but was denied. if the story is true, i'd suppose it was a negative (or no)
release letter from the school op ran away from.

but you're right about something not adding up. did he leave the (first
deceptive) bad employer before getting the rp? if so, i don't think the
contract would have come into effect. it would have been cancelled
(not terminated), so no release letter comes into play.

(i'm afraid that's all i have to add. unfortunately, i don't have 5 links
that every ft needs to see.)
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Shroob



Joined: 02 Aug 2010
Posts: 1339

PostPosted: Sun May 04, 2014 5:50 am    Post subject: Reply with quote

Yeah, I think the OP is still in the U.S.A.

I'm not so sure about the bad reference...as the OP said he was going back to his original employer. So they should know what he is like.

The plot thickens.
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Babala



Joined: 28 Jan 2005
Posts: 1303
Location: Henan

PostPosted: Sun May 04, 2014 6:29 am    Post subject: Reply with quote

When a school cancels the FEC and provides a release letter they are required to check off a box on a form stating whether or not the teacher did an acceptable job. If the school checks off the box that the teacher was unacceptable then it can cause problems in getting a new RP.
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The_Kong



Joined: 15 Apr 2014
Posts: 349

PostPosted: Sun May 04, 2014 2:21 pm    Post subject: Reply with quote

Why don't you contact the Foreign Teacher's Union?

I'm sure they could help Very Happy Smile Sad
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SledgeCleaver



Joined: 02 Mar 2013
Posts: 126

PostPosted: Sun May 04, 2014 6:37 pm    Post subject: Reply with quote

Babala wrote:
When a school cancels the FEC and provides a release letter they are required to check off a box on a form stating whether or not the teacher did an acceptable job. If the school checks off the box that the teacher was unacceptable then it can cause problems in getting a new RP.


This makes a lot of sense, however whenever the "blacklist" gets mentioned it seems like a couple people come out with anecdotes that it's all overblown. For example, I remember someone telling the story about how they were supposedly "blacklisted," but they later found a job not only in the same city, but with a "sister" university to the university that did the "blacklisting." In that case, it seems the paperwork didn't even make it across town, let alone to some central authority. Is Big Brother really that ineffective?

If such things are possible, it seems somewhat difficult to believe that there's a single box a school can check off which basically says "Unsatisfactory" and which can interfere with future visas/RPs. If the schools don't even need to submit detailed paperwork saying something like "this teacher is unsatisfactory and here's why," then it seems like tons of employers who had a bone to pick with an FT would check that "unsatisfactory" box. Only takes a second. And yet, tons of people who claim to have been threatened with blacklisting or no exit letters or whatever else claim to have found new jobs and visas without much trouble.

I suppose I'm just reporting hearsay, so take what I say with a grain of salt. I don't even work in China, so I admit I'm only contributing based on what others have said, and on what I know from having been involved in visa shenanigans and bureaucratic cluster-flucks in other places where bribes, corruption, and personal relationships are often more important than what the law says.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Mon May 05, 2014 1:28 am    Post subject: Reply with quote

SledgeCleaver wrote:
If such things are possible, it seems somewhat difficult to believe that there's a single box a school can check off which basically says "Unsatisfactory" and which can interfere with future visas/RPs.


nobody really knows....but.....

there's the release letter, required by law.....but only if you have valid
contract with proper visa. it's a very simple form. in one block, the
employer checks "good" or "so-so" or "bad." the form is (oftentimes)
required when moving on to the next school. but that's it....the form
is required. apparently there is no requirement as to the content or
the ratings. i really, really doubt chinese bureaucrats are reading these
forms. no, they're just checking boxes on their own forms.
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LPKSA



Joined: 02 Mar 2014
Posts: 211

PostPosted: Mon May 05, 2014 2:53 am    Post subject: Reply with quote

Bud Powell wrote:

This may be true, but why did the process go all the way through to your arriving in China, only to be denied a residence permit?

Something isn't adding up.


Perhaps, but if OP was home in the US and simply went to the respective Embassy/Consulate, and simply paid a visa processing fee, it would simply be a case of a CCP Bureaucrat located Stateside who doesn't care what happens to said applicant once they arrive in China. Left hand and right hand, not talking to each other..
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Tue May 06, 2014 3:02 pm    Post subject: Reply with quote

I had read through the "experts" that with the new visa regulations if a contract was broken without school consent, the school could contact the government and the visa holder would be denied a new one. If this was ever enacted, is part of private or public Chinese law, can be overlooked with the right guanxi etc I am clueless on.

Thought it was part of a past discussion on how the new regulations are skewed much more in favor of the schools and whiners like myself predicted that it would end up hurting the schools themselves with a dwindling supply of teachers.

www.lawandborder.com

He may have something in the comments, or you can pay him for a consultation if you are intent on returning. Good luck!
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Zang_Lajiao



Joined: 19 Aug 2012
Posts: 17

PostPosted: Tue May 06, 2014 8:49 pm    Post subject: Reply with quote

twosn3snfg wrote:
whatever was done in Guangzhou kept me from working in Hangzhou.


Which employer was this? There's quite a few infamous ones in Guangzhou.
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