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Release letter needed for new job?

 
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michi gnome



Joined: 05 Sep 2005
Posts: 33
Location: Dokdo

PostPosted: Thu Nov 12, 2015 11:00 pm    Post subject: Release letter needed for new job? Reply with quote

Back in August, I had an offer from a school in Shanghai. Due to my financial situation at the time, I was unable to travel there and begin the position, and had to cancel. They processed the residence permit, or whatever preliminary permit is needed. They wanted me to convert it to a Z when I arrived there.

I now have a little more savings, and am looking at coming to China in January. Can I start applying and accept a new position, or do I need some kind of permission/release from this previous school? Could I work somewhere other than Shanghai (do I only need a release for Shanghai?).

As a last resort, I'll just wait until next summer when the permit should expire. Ideally though, I'd like to have something lined up for January. Not looking forward to the winter here in Minneapolis.

Thanks for your help
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hz88



Joined: 27 Sep 2015
Posts: 162

PostPosted: Fri Nov 13, 2015 1:51 am    Post subject: Reply with quote

Quote:
Back in August, I had an offer from a school in Shanghai. Due to my financial situation at the time, I was unable to travel there and begin the position, and had to cancel. They processed the residence permit, or whatever preliminary permit is needed. They wanted me to convert it to a Z when I arrived there.



I am doubtful they processed a residence permit. This comes at the last stage after you have entered China on the z visa. Could you be more clear on what they actually sent you or not for us to be able to answer your question more easily?

You mentioned 'converting it to a Z visa when you arrived'. This could have several meanings. It could mean they are sending you an invitation letter to get a z visa in your home country first. Did you have a medical check done at all?

It could also mean simply arriving on a tourist or business visa and doing the legwork in China.

If it is the former you will need to ensure they cancelled the letter of invitation as if it is still active you will not be able to apply elsewhere until it is. If the latter you have nothing to worry about as you have not formally applied for any visa.
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michi gnome



Joined: 05 Sep 2005
Posts: 33
Location: Dokdo

PostPosted: Fri Nov 13, 2015 4:58 pm    Post subject: Reply with quote

Thanks for your reply. Yes, I did have a medical check done here in the U.S., so I guess it was the invitation letter that was processed.

Originally we were going to complete the Z before I traveled to Shanghai, but then the school changed their tune, saying there wasn't enough time and that I could convert the L to a Z once there (which I did some research on and found to be true for Shanghai). Still though, I didn't like the idea of showing up w/o the Z visa in advance.

I will try contacting the school to see if they can cancel the invitation letter, but wondering if they might just ignore my request. Possibly the recruiter I worked with can help...

Thanks again
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hz88



Joined: 27 Sep 2015
Posts: 162

PostPosted: Fri Nov 13, 2015 9:15 pm    Post subject: Reply with quote

Your response is still a little vague.

If they issued you an Invitation Letter for a Z visa (invitation to work as a Foreign Expert), it would have had to have been an original copy sent to you by mail. It would have been identifiable as such.

Given your comments about the school changing their tune, I suspect otherwise but without clear facts it is difficult to ascertain.

I too have read and heard about being able to change from L to Z in Shanghai but have not yet read or heard of any documented evidence which suggests the intended ruling was actually brought into fruition. I do recall looking into this in the summer and the rule seemed to apply to work permits rather than Foreign Expert Certificates. There is a difference. A work permit is for generally for non educational jobs and a Foreign Experts Certificate is for educational jobs, however I am not sufficiently knowledgeable in that field to give expert opinions.

If your school did process an application to the Government for your Foreign Experts Certificate, the chances are they would have cancelled it by now anyway as your pending application would have tied up one of their available slots for foreign teachers in the system but as I said given what you have said I find it unlikely they even got that far in which case assuming you have not previously applied for any visa you have nothing to worry about and can continue as normal.


Last edited by hz88 on Sat Nov 14, 2015 9:52 am; edited 1 time in total
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doogsville



Joined: 17 Nov 2011
Posts: 924
Location: China

PostPosted: Sat Nov 14, 2015 9:14 am    Post subject: Re: Release letter needed for new job? Reply with quote

michi gnome wrote:
They processed the residence permit, or whatever preliminary permit is needed. They wanted me to convert it to a Z when I arrived there.


They never processed the resident permit, or any other kind of permit. At best, the local PSB may have issued an Employment Permit and Visa Notification Letter, which you would have taken to your local embassy/consulate along with the invitation letter, which is written by the employer, not the government, and them used to apply for the Z visa. I doubt very much if they did however, because if they had the company would have sent them to you.

The fact that they didn't probably means either they failed to apply in time, or they couldn't get them. The fact that they told you to come on an L visa confirms that they didn't process the necessary paperwork to get you a Z visa. Either way, there is no reason to think that your name is on the Shanghai, or any other, PSB computer system as being in the process of applying for a Z visa. This means you are free to apply again through a more legitimate company at any time.

The 'not enough time' excuse is very suspicious. It seems to be often used by employers as a way to lure people into coming over on a tourist visa. You will then likely be hit by reason after reason for why 'we can't process your Z visa right now, you have to get another L visa' On and on until the police wake you up at 6am one morning with the offer of a weeks free accommodation at the local prison while you raise the money to buy a plane ticket back home.
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michi gnome



Joined: 05 Sep 2005
Posts: 33
Location: Dokdo

PostPosted: Tue Nov 17, 2015 1:21 am    Post subject: Reply with quote

Thanks for your replies. I received an email back from the school about this, saying when I have a job offer, I should have my HR/contact email them directly to take care of this matter. They didn't give any other information. Who knows maybe they will try to make some cash on this, providing the release (if one is even needed). Think I will just go ahead and apply for jobs and see what happens without contacting this school.

I should add they are an international school with a decent rep, and they employ about 40 foreign teachers, if I recall. Seemed like everything was aboveboard, and I was surprised when they suddenly wanted me to arrive on the tourist visa.

Thanks again for the advice and information.
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JamesD



Joined: 17 Mar 2003
Posts: 934
Location: "As far as I'm concerned bacon comes from a magical happy place."

PostPosted: Tue Nov 17, 2015 1:58 am    Post subject: Re: Release letter needed for new job? Reply with quote

doogsville wrote:
......You will then likely be hit by reason after reason for why 'we can't process your Z visa right now, you have to get another L visa' On and on until the police wake you up at 6am one morning with the offer of a weeks free accommodation at the local prison while you raise the money to buy a plane ticket back home.


Agreed that some schools pull this.
Logistically it may take time to get the invitation letter from the government which means, if the school is in a rush, it is more efficient for you to come over on an L visa while they get the letter organized. However, this also means that once you are in China the invitation letter should be waiting for you. There is no reason you can't leave within a day or two for HK (or wherever) to get it changed.

If a school tells you they will change an L to a Z once you arrive there is an easy way to CYA.
Write a polite letter thanking them for the job and confirming that, legally, you will not be able to walk into a classroom, provide any type of instruction, or do office hours until you are legally employed, i.e. the Z visa is processed and in hand. China's rule, not yours. Ask for specifics on travel to the location where you will be processing the Z. You might add that this does not negate any contract terms as per accommodations. If they don't agree, move on.

Print out their reply and carry it with you.
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michi gnome



Joined: 05 Sep 2005
Posts: 33
Location: Dokdo

PostPosted: Wed Nov 18, 2015 11:13 pm    Post subject: Reply with quote

Thanks for the suggestions.

My only concern now is whether there is something in China's system that can/will prevent me from getting another job and starting in January.

This stems from back in August, so there is no longer the possibility of showing up and working at the school.

I never received anything in the mail (no invitation letter), and never completed the Z visa process.

What I did send to the school at the time: a signed contract, a health check, and the normal docs such as resume, passport photo etc.

My recruiter made a comment at the time that they can only issue one (of whatever it is) in China, and it might prevent me from getting another job. He was assuming that I'd just decided to accept another job in China, I think, at the time.
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hz88



Joined: 27 Sep 2015
Posts: 162

PostPosted: Wed Nov 18, 2015 11:49 pm    Post subject: Reply with quote

Your last post puts an entirely different perspective on things from your first.

Not apportioning blame but this is one reason why recruiters can become a pain in the neck to schools and universities because the information they give is not always accurate.

If what you are saying is that you never received a visa then you should be fine just to reapply.

If the employer you were dealing with did start an application online then I very much suspect they would have cancelled it as I have mentioned to another poster it would tie up one of their available quota for foreign teachers. Pending applications timeout after a certain period anyway, I am not sure of the exact time but its no more than three months.

In the unlikely event there is something in the system this would come to light when a new employer begins the online application to formally invite you to China as a Foreign Expert. They would advise you what this is but really I think it is a small possibility.
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