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Can an employer cancel one's Z Work Visa?

 
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Thu Apr 07, 2005 2:06 pm    Post subject: Can an employer cancel one's Z Work Visa? Reply with quote

I wonder whether it was possible that an employer would be able to cancel his/her former foreign staff member's Z Work Visa without that person's knowledge and passport. That would of course be under special cirrcumstances such as the employee would "get dismissed with his/her Visa valid till few months later or the employee would quit with a short notice (with reasons).
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nolefan



Joined: 14 Jan 2004
Posts: 1458
Location: on the run

PostPosted: Thu Apr 07, 2005 4:30 pm    Post subject: Reply with quote

The short answer is "YES"

The employer has every right to cancel a visa he/she has sponsored.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Fri Apr 08, 2005 6:31 am    Post subject: Reply with quote

The employer cannot cancel any visa but the PSB can; if he has terminated you then it is actually his duty to report your departure to the PSB.
You are not supposed to be working for another employer using your first visa.
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Fri Apr 08, 2005 1:26 pm    Post subject: Can an employer cancel one's Z Work Visa? Reply with quote

Yes Roger! It would be illigal to work for another employer. I am not working, but sitting and waiting (searching for a reasonable offer), while my Z Visa is still valid for a few more weeks. However consider my "former/recent employer" might be unhappy (I left for good reasons). Reporting me to PSB without my passport would give him an opportunity to cancel my Z Visa according to you and I would not even know that I would be illigally in China, even though I would have my Z Visa in my passport still valid (for a few weeks). Is that what you are saying???
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Zero Hero



Joined: 20 Mar 2005
Posts: 944

PostPosted: Fri Apr 08, 2005 2:32 pm    Post subject: Reply with quote

'EnglishGibbon', the mistake you make is assuming the Z visa is some form of general work visa, it is not. 'Roger' is actually right here as the Z is employer-dependent. That is, it is tied to a particular employer, indeed, to a particular post. A Z visa does not give you the right to take employment from anyone who happens to offer it, as evinced by the fact they have to immediately secure another Z visa for you upon your taking up employment with them. If in the same province, this will only be issued if your erstwhile employer has given you a release letter.

By the way, its illegal, not 'illigal'.
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Sat Apr 09, 2005 5:13 am    Post subject: Can an employer cancel one's Z Work Visa? Reply with quote

Hi Zero Point dude! Thank you for your input! I guess that my concern and enguiry via eslcafe has got lost somewhere here. My current Z Visa that THE EMPLOYER's organized for me is going to expiry in a few weeks and I AM NOT planning "using it" for work. The only issue here is that not travelling back to Canada (staying in China) for those few weeks might put me in a position, where I will have to pay a PENALTY if my "few more weeks Z Visa" is cancelled without my knowledge and before I find a new employer. I guess that according to you guys to be on a safe side I should just exit China, wait in Hong Kong for example, and come back to China once I find that new employer in a few. By the way Zero Point thanks for your clarification of the spelling of ILLEGAL. Cheers!
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Zero Hero



Joined: 20 Mar 2005
Posts: 944

PostPosted: Sat Apr 09, 2005 5:32 am    Post subject: Reply with quote

Ignorance is no defence. It is of no import whatsoever whether or not you are aware of your Z visa being cancelled. It is simply not relevant.

Last edited by Zero Hero on Sat Apr 09, 2005 10:33 am; edited 1 time in total
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Sat Apr 09, 2005 9:59 am    Post subject: Re: Can an employer cancel one's Z Work Visa? Reply with quote

englishgibson wrote:
Hi Zero Point dude! Thank you for your input! I guess that my concern and enguiry via eslcafe has got lost somewhere here. My current Z Visa that THE EMPLOYER's organized for me is going to expiry in a few weeks and I AM NOT planning "using it" for work. The only issue here is that not travelling back to Canada (staying in China) for those few weeks might put me in a position, where I will have to pay a PENALTY if my "few more weeks Z Visa" is cancelled without my knowledge and before I find a new employer. I guess that according to you guys to be on a safe side I should just exit China, wait in Hong Kong for example, and come back to China once I find that new employer in a few. By the way Zero Point thanks for your clarification of the spelling of ILLEGAL. Cheers!


Nonsense, you won't be fined for staying in China after your contract has been tyerminated so long as your work visa is still valid; it entitles you to tour the country until its formal expiry.
But you need to get a RELEASE LETTER or a REFERENCE from your current employer in order to be allowed to apply for another job.
Even if there is bad blood between the two of you your employer might be willing to sign his name under a paper you write by yourself stating that you have left that position and they have no complaint against you.
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Sun Apr 10, 2005 6:05 am    Post subject: Can an employer cancel one's Z Work Visa? Reply with quote

Roger, thank you for your input and some comfort that you have provided me with. I do not wish to "TOUR" on my Z Visa till it expiries (in the middle of May 2005) as you have applied, nor I wish to work elsewhere as someone here applied, but I would like to have that time to find a new post in China (without exiting/leaving) as I have said. Sure I am planning on possibly going down to Hong Kong for that F Visa (with new employer) in May, should I find a reasonable position in China, even though I do not wish to be stopped by the customs due to a "SURPRISE THAT MY CURRENT Z VISA HAS BEEN CANCEL". To be more clear on my work arrangement with that employer (my current Z Visa), I have had a "long term" arrangement with him, even though my Z Visa's been arranged for only 6 monhts (till middle of May 2005). This whole issue that I am raising here is all about MY KNOWLEDGE OF THE Z VISA'S VALIDITY IN MY PASSPORT (to allow me stay in China till the middle of May 2005). Now, I have no idea of what you ZERO HERO are refering to with your bold OFF TOPIC IGNORANCE ISSUE statement.
Cheers all[/i]
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