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Changing jobs and the visa

 
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Voldermort



Joined: 14 Apr 2004
Posts: 597

PostPosted: Wed May 24, 2006 9:52 am    Post subject: Changing jobs and the visa Reply with quote

Hi all,

In the past my visa has been 'arranged' down the not so legal road. Before I started my current job, I was working with a F visa, my visa was converted into the resident permit ( RP) . I am now coming up to the end of my contract and I'm a little unsure about what the correct proceedure would be. I should also point out that for the duration of this year I have been working legally.

My contract expires on the 31st of July, yet my RP will expire on the 11th of July. I'm guessing here that the date on the RP will overide that of the contract unless the school applies for an extension. Could anybody please confirm this or tell me of your similar experience?

I have been offered a position within another school. At the moment I am still negotiating the contracts and am unsure as to which position to take. Again, I'm guessing that I would have to sign a contract and apply for the RP extension within the next 6 weeks.

My main question is, what is the process of converting or extending the FP? In both cases, is the application of the Foreign Expert status required? Or is it simply a matter of going to the PSB with my passport and the new contract?
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HunanForeignGuy



Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

PostPosted: Wed May 24, 2006 11:04 am    Post subject: Your Answers Reply with quote

Voldermort,

Here we go in term of the answers to your questions. If I forget anything, please let me know.

1. The determining factor for your stay in China is the expiration of the resident permit in your passport. Your contract may well expire on x date, but that is not germane. What is germane is the date on which your resident permit will expire.

2. Although most schools are loathe to do it, by law, you are allowed a resident permit that extends thirty (30) days beyond the end of contract date. When I obtained my resident permit here in ChangSha, I insisted that the FAO get the thirty days and it took no pushing at all.

3. The Foreign Expert Certificate is the property of your current employer. When you leave the school, you must return it to the school, particuarly if you are remaining in province. Also, whatever you do, please make sure that the school gives you a stamped official letter that the FEC was duly returned to them, otherwise that will complicate matters.

4. You have not mentioned the visa status under which your resident permit was obtained. Was it a Z visa? Another form of visa? In order to answer your questions correctly, I will need to know that.

5. Once I know this, I will be able to provide you with better answers regarding the extension of a visa. If it is a Z visa, unless your current employer is willing to do the legwork, it is not probable that you will be able to extend it. However, depending upon the province where you are, you may be able to extend a thirty-day tourist visa to bridge the difference...but again, all of this needs to be confirmed with the information that you will give me.

6. Frankly, you should simply address the question with your future employer and request that they bridge the difference with a new in-folio resident permit.

I await your answer.

With all the best,


HFG
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Voldermort



Joined: 14 Apr 2004
Posts: 597

PostPosted: Wed May 24, 2006 11:14 am    Post subject: Re: Your Answers Reply with quote

HunanForeignGuy wrote:
4. You have not mentioned the visa status under which your resident permit was obtained. Was it a Z visa? Another form of visa? In order to answer your questions correctly, I will need to know that.


Thanks for the reply. When I came to the school they converted my F visa to a resident permit. I know that in most provinces and cities this is not posible, but in my city this was not the case. I am infact working legaly with all the relevent paperwork. As you know, the residence permit takes over from a visa and the visa becomes null and void. If leaving the country after the contract I know it is possible to have the RP converted to a tourist visa for a short length of time.
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HunanForeignGuy



Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

PostPosted: Wed May 24, 2006 11:24 am    Post subject: Re: Your Answers Reply with quote

Voldermort wrote:
HunanForeignGuy wrote:
4. You have not mentioned the visa status under which your resident permit was obtained. Was it a Z visa? Another form of visa? In order to answer your questions correctly, I will need to know that.


Thanks for the reply. When I came to the school they converted my F visa to a resident permit. I know that in most provinces and cities this is not posible, but in my city this was not the case. I am infact working legaly with all the relevent paperwork. As you know, the residence permit takes over from a visa and the visa becomes null and void. If leaving the country after the contract I know it is possible to have the RP converted to a tourist visa for a short length of time.


Voldermort,

You do not need to leave the country to have the F visa converted to a thirty-day tourist visa at least not here. You will need to go down to the PSB Foreign Entry/Exit control probably 7-10 days before the visa expires and tell them something like that you need time to clean up your affairs, or that you want to travel for one month before leaving, or whatever. They may or may not do it. Here they do it as a matter of course. Otherwise HK is a short flight or train ride from Chengdu..well maybe not that short of a train ride, but still it is not so far.

But if you have the credentials, I do not understand why you were not issued with a proper Z visa / infolio resident permit. But then again, all of this is very much in flux in each province.

HFG
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Voldermort



Joined: 14 Apr 2004
Posts: 597

PostPosted: Wed May 24, 2006 11:35 am    Post subject: Reply with quote

I didn't say you need to leave the country, I said it is possible to obtain an extension for a short period after the contract expires.

I do not have a Z visa since a Z visa is only for the purposes of entering the country to commence work. Since I was already in the country it was possible to get the RP directly. Remember the Z visa is only a stop-gap and expires 30 days after entering anyway.

In the past, when converting a L or F, the PSB would issue you with a Z visa and the RP booklet. The Z visa was only a formality and showed anybody that you should also have the RP booklet. Since the RP is now inside the passport it is no longer necessary to also be issued with a Z visa when converting.
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China.Pete



Joined: 27 Apr 2006
Posts: 547

PostPosted: Wed May 24, 2006 12:49 pm    Post subject: Surrender FEC to Whom? Reply with quote

"3. The Foreign Expert Certificate is the property of your current employer. When you leave the school, you must return it to the school, particuarly if you are remaining in province. Also, whatever you do, please make sure that the school gives you a stamped official letter that the FEC was duly returned to them, otherwise that will complicate matters."

I have never surrendered my Foreign Expert Certificate to my previous employer, either when changing jobs within the same province, or without. I HAVE been asked to give it to the new employer, so that it may be canceled, and a new one issued. This may be in lieu of the procedure outlined by HunanForeignGuy, or not. Therefore, I would verify this, as well, with the FAO of your prospective employer, or with the relevant government office directly, whichever might be more productive in your case. Otherwise, HuanForeignGuy would appear to be "da man" for your question.

Are we talking university life here, Voldermort?
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HunanForeignGuy



Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

PostPosted: Wed May 24, 2006 2:38 pm    Post subject: Re: Your Answers Reply with quote

Voldermort wrote:
HunanForeignGuy wrote:
4. You have not mentioned the visa status under which your resident permit was obtained. Was it a Z visa? Another form of visa? In order to answer your questions correctly, I will need to know that.


Thanks for the reply. When I came to the school they converted my F visa to a resident permit. I know that in most provinces and cities this is not posible, but in my city this was not the case. I am infact working legaly with all the relevent paperwork. As you know, the residence permit takes over from a visa and the visa becomes null and void. If leaving the country after the contract I know it is possible to have the RP converted to a tourist visa for a short length of time.


Thank you but this begs the original issue that you raised.

Yes, true enough about the Z visa to RP transition, etc.,etc.

Under the current in-folio in-situ rules, when the application is processed in country, which is now only done in certain provinces, the resident permit issued with a notation in Chinese "for work purposes" "to work". This is driven by the application of the school and the previous Z-visa to work permit status.

If you are in Sichuan, where I also worked, the PSB, particularly in Chendgu, periodically strictly enforces the requirements for working as a FT : degree or equivalent or TESOL Certificate and application of school and accompanying FEC.

As to the previous poster, I need to read my FEC but it used to state right in the red booklet that it was the property of the employer, etc. etc.
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clomper



Joined: 07 Oct 2003
Posts: 251
Location: Beijing

PostPosted: Wed May 24, 2006 3:50 pm    Post subject: Reply with quote

Hi HFG!

Got a question regarding Visa as well. I already moved to a different job but I didn't turn over my FEC. My RPF is still valid till June 26, 2006 and I called the PSB who still remembers my application and was informed that I can use it in Beijing. My RPF was issued in lieu of the previous Z visa and I didn't switch schools last year.

Previous location: Zhanjiang, Guangdong
Present location: Beijing

Question now, do I still have to hand it over? Do I also need to get that release letter? I remember 2 years ago after I changed schools in the same province, I didn't hand over my FEC as well.

Previous job: Oral English Teacher
Present job: Research Analyst
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