Job Discussion Forums

endarkend · Joined: 04 Sep 2005 Posts: 11

Title says most -- I will have fulfilled my contract for my current employer on the 30th of this month, and will be heading to Beijing to find another job. Last week I gave my passport to the secretary here at my school who handles all the visa/RPF/PSB stuff in order to get it processed for my release from the school. From what I'd read here in the forums, I assumed I would have 30 days after being released from my current contract to find a new job in Beijing. However, when I got my passport back today, I was surprised to find that my RPF has a red "CANCELLED" stamp on it and on the next page is a 25 day L visa ("Issued Aug 18th; Valid until Sept. 12th"). Is this normal? Or should I be worried? I wasn't sure what form my "30 day grace period" would take, but I didn't expect an L visa that will give me all of 12 days after finishing up my contract. Is this something that can be extended easily at the PSB in Beijing?

One other thing, this new L visa doesn't look like the one I came in on when I traveled here last summer -- instead of being colorful, it's kinda silvery-gray, like my RPF.

~EnDarkEnd

Malsol · Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou

Bad news.

Should have located new job and had them extend for you.

Now you are a tourist and L visas are not that easy to change into Z.

endarkend · Joined: 04 Sep 2005 Posts: 11

'Should haves' aside, can anyone offer some useful advice concerning my current situation?

Malsol · Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou

Find a job and see what your new employer can do. You may have to go to Hong Kong and come back on a proper work visa.

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

I have never been asked to give my passport up to any school official or staff member upon leaving employment at a school..my thoughts are the school didn't want you to utilize your current residency pass to gain new employment.

chengdude · Joined: 13 Jun 2004 Posts: 294

There is no "grace period"; your Residence Permit is/was valid until a certain date, which is academic now that it has been cancelled. If it expired on the final day of your contract, the school had no obligation to extend it. Typically, when applying for the Permit, teachers will request some extra time beyond the last day of the contract depending on their projected need or plans. In other cases, without such a request, a school will give a teacher an extra 2 weeks to one month.

With your L Visa, you may or may not have to leave and re-enter China; it all depends on the pull of the school you end up at, the state of the regulations in the city/province you are looking, and/or the mood of the PSB officer to whom your school ends up submitting your paperwork.

englishgibson · Joined: 09 Mar 2005 Posts: 4345

CJ, you sound like my granma Smile

OP, it is your employer's duty to provide you with that RPF for the period of time of your work there. It also is your employer's duty to appropriately end the contract between him/her and you. Cancelling foreign employees' RPFs, if the RPFs are for longer period of time than the RPFs holders' contracts is also the employer's duty or shall I say obligation. Wink

Having said that, the employer is obligated to provide that L visa to allow for travel. If you were allowed to keep your RPF after the end of your contract, you'd be able to work with it. And, that's what it all is about, in my opinion. It's a system that China's been trying to develop. We all know that it doesn't work the same way everywhere, but in some places .... yours, mine and maybe some other .... Wink

If I were you OP, I'd relax and tried to find a job ASAP. If I couldn't find a suitable gig within that L visa time, I'd make a trip to HK and get yet another L there. Now, I know it's a hussle and it might cost a bit, but it's an option to consider, since you have not been able to find that job prior to your end of this contract. Wink

Next time be smarter and anticipate Exclamation

Peace to all
and
cheers and beers to us Very Happy

Malsol · Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou

englishgibson 73 words to say what I said in 27? Do you charge by the word? Rolling Eyes

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

endarkend · Joined: 04 Sep 2005 Posts: 11

What a mess :\

I just got done talking to my boss about it, but he didn't offer much help.

Just to be clear: My contract was for six months (which I will finish at the end of this month). My RPF, however, was for the minimum 1 year (March 1st 2006 to March 1st 2007). Therefore, my school claims they had to cancel my RPF before I left (because they would be liable for me until 3/1/2007 if they didn't). Since they cancelled it on the 18th of August that leaves me with an L visa that expires on Sept. 12th. I wasn't made aware of any of this until after the fact (I thought they were just going to issue me a stamped letter of release; not go and have my RPF cancelled).

So, my boss said to talk to the lady at our office who handles visa stuff to see if she can go back to the PSB and have my L visa extended, which would give me a little more time to hunt around for a legit job in Beijing, at least.

Another thing -- I told him I will need my FEC (the red book) before I leave so I can get it extended at my next job without having to go through the medical exam/red-tape bs again, but he said that it wouldn't be possible. He said the school's visa lady talked to some government office (he couldn't remember which) and they said my FEC is property of the Chinese government; to be returned to them upon leaving the school. Does this sound right?? He claimed it was because I'm leaving before the end of my RPF, and therefore needs to be cancelled along with my RPF.

It gives me a headache just trying to sort through all this -- I've honestly done a lot of research on this matter and thought I clearly understood the standard procedure for all this. But now I find that reading and understanding what everyone else has gone through in similar situations doesn't provide an ounce insight to my particular situation. I guess there truly is no standard procedure here in China; they just make it up as they go along :\ Welcome to China Smile

~EnDarkEnd

tw · Joined: 04 Jun 2005 Posts: 3898

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

Never, ever, ever hand a passport over to an employer at the end of the contract period, no matter what excuse they can come up with.

The only way the PSB will cancel visa/etc, etc., is with the passport in hand because it allows them to believe that the passport holder agreed to have the visa cancelled. And never means never.

You cannot extend your FEC. It is strictly issued for one place of employment. Make a complete copy of it if they insist that you surrender it. Better yet, try to keep it.

To avoid the medical, you will need a letter of release under the new rules, a new FEC issued in your name witnessing your new place of employment and a good letter of recommendation.

Indeed, all of the previous posters are correct. It has become practically impossible in parts of China to convert a tourist visa from within the country.

Again you have been well-advised to find another job quickly. That being said, there is always indeed the run to Hong Kong.

In the future, never, ever surrender your passport to an employer like that.

endarkend · Joined: 04 Sep 2005 Posts: 11

Thanks for all the advice -- at least I'll be better informed for next time. I guess the only good that can be gleaned from this is experience is that I'll be even more careful about handing over my passport. My boss is a businessman, of course, and was obviously looking out for 'number one' (his business). He didn't bother to take my situation into account, and as a result, I got burned.

I do understand that he wouldn't want to be held liable for me after leaving the school, but was it necessary for him to cancel it so soon? He claimed that it had to be cancelled before I left Xi'an, and it couldn't have been done after my arrival in Beijing. And just out of curiosity if I had refused to hand over my passport, per the advice just given to me, would I then be able to transition over to a new employer more smoothly? It seems to me that there would be no way for me to get a letter of release if I simply refused to hand over my passport when he wanted to take it in and have the RPF cancelled...

Regarding the letter of release -- I asked my boss about it and he put on his "even though I run this place I have no idea what you're talking about" show. He did finally agree to provide me with one, but I think I'll have to tell him exactly what needs to be included in it to avoid 'confusion' similar to what happened with my visa. So, anyone know what minimum content requirements of this letter are for it to be worth a damn? Would a simple "EnDarkEnd has fulfilled his contract and is hereby released from this school on good terms blah blah..." in both English and Chinese be good enough? Also, I've read that it needs to be stamped by the PSB, is that true? Should I also ask that he provide a letter of recommendation?

Thanks again for all the helpful advice,

~EnDarkEnd

Malsol · Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou

Get smart!

Claim you lost your FEC. There is no penalty. Take it with you. (I have four prior FECs)

Get a release letter first.

Find a new job and make your visa their problem. They may be able to solve the problem easily or send you to Honk Kong for reentry.