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Bounder
Joined: 06 Apr 2005 Posts: 21 Location: Nanjing, China
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Posted: Fri Jun 22, 2007 6:12 am Post subject: Employer wants to convert residence visa to tourist |
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I'm leaving my contract early however I'm doing it properly by giving
30 days notice and otherwise abiding by the language of the contract.
I have another teaching job lined-up in another city. My residence visa
is going to expire on July 7 in any case. The school does not want me to leave and apparently the students would also like me to stay.
The boss here says that because I m leaving my contract early, that it must be converted to to a tourist visa. I've been in China now for 3 years
and have not heard of this but I m no expert on the matter. BTW, I'm employed with a training center. I'm supposed to be leaving on the 28th
for my new job. Someone has told me maybe my employer is trying to delay my leaving. Is there anyone I can contact re this situation. I would like to get ther facts straight from a gov't authority if possible.
Has anyone heard of this rule?
Thanks,
Bounder |
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danswayne
Joined: 23 Apr 2006 Posts: 237
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Posted: Fri Jun 22, 2007 6:25 am Post subject: |
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Whatever you do please keep your passport away from your boss and it might be good to start taking things to a friends house for a couple days and leave from there if at all possible. |
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SheZook
Joined: 31 Jan 2006 Posts: 187
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Posted: Fri Jun 22, 2007 7:18 am Post subject: Re: Employer wants to convert residence visa to tourist |
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Bounder wrote: |
Someone has told me maybe my employer is trying to delay my leaving. |
That'd be my guess...I've never heard of an RPF being "converted" back to a tourist visa - only possibly when an extension is required they may grant you a tourist visa in the meantime. My concern would be that you may not get your release letter from your current employer which could make it more difficult in the changeover but I'm sure that as it is about to expire anyway there will probably be a way around it. Although they could just mean that you may have to get a tourist visa while you wait for your new employer to apply for the new RPF. Hang on to that passport though! |
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therock

Joined: 31 Jul 2005 Posts: 1266 Location: China
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Posted: Fri Jun 22, 2007 7:26 am Post subject: |
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Your employer is talking a load of BS. As the other posters said, hold onto your passport and be ready to move at a moments notice. Your boss might try to intimidate you into staying.
If the new school is in another province you might not need the release letter.
Last edited by therock on Fri Jun 22, 2007 7:42 am; edited 1 time in total |
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Bounder
Joined: 06 Apr 2005 Posts: 21 Location: Nanjing, China
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Posted: Fri Jun 22, 2007 7:37 am Post subject: |
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Thanks for your input. I'll take all of your advice into consideration. I've just phoned the consulate for my country and they said that the conversion is indeed 'not necessary' however they do have the right to convert it if they want to. It s related to the fact that my residence visa applies to my current employer. I'll tread carefully either way. Some private training centers are just a little too shifty.
Thanks again,
Bounder |
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therock

Joined: 31 Jul 2005 Posts: 1266 Location: China
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Posted: Fri Jun 22, 2007 7:44 am Post subject: |
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Bounder wrote: |
Some private training centers are just a little too shifty. |
And that is why I do not work for a private language training school. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Fri Jun 22, 2007 8:23 am Post subject: |
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In most cases it would prove easier to transfer your documentation from one employer over to the next if you remain in the same classification of employment here. Going from resident status to tourist status and then back to resident status just does not make sense.
So it does seem that the only reason your current employer would want to transfer you onto a visitors visa is to create difficulties for you.
There is certainly no law that requires you to do that.
What does your employer say about the matter? |
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HunanForeignGuy
Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC
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Posted: Fri Jun 22, 2007 9:05 am Post subject: Conversion |
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First, to the OP, the advice given you by the previous posters is on the mark.
Second, in nearly all cases, for a Z visa / work permit to be changed into an L visa (and it can be done), you would need to surrender your passport and go to the PSB in person with your employer to sign a consent form and waiver and change for the the L visa. Under NO circumstances should you do this -- none at all.
Third, if you have given the statutory-per-your-contract notice, in writing, then again don't do it.
Fourth, as Clark wrote, if you leave with a valid Z visa, your new employer will be able replace it with a new in-folio Z visa with greater ease. If you are staying within the same province, you will more-than-likely not be required to have another medical examination. If you are changing provinces, whether or not you will need to redo the medical depends upon how regulation-savvy the new FAO is. Under the current rules, if you change jobs with a still-valid Z visa and a letter of release, then no new medical is required in most cases (Hunan is one big exception).
Please note that you must secure a letter of release from your employer -- duly chopped and signed -- and a letter of recommendation in order to facilitate the renewal process.
This is China, and the right employer can make all things happen, etc., etc.
It's just a roll of the dice. |
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u24tc
Joined: 14 May 2007 Posts: 125 Location: Dalian, China
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Posted: Fri Jun 22, 2007 9:10 am Post subject: |
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Yep like was mentioned earlier... NEVER give them your passport to 'hold' on to.
If they need a copy, let them photocopy it and GET it straight back.
DON'T give them documents such as your proof of residency and if they ask for it, give them a COPY.
Basically don't give them original documents that could get you 'stranded' if you don't trust or know if they are talking the truth  |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Fri Jun 22, 2007 10:57 am Post subject: |
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Quote: |
If they need a copy, let them photocopy it and GET it straight back. |
I don't think this is sound advice. If you have to give ANYONE a copy of your Res. Permit or even your passport (and don't be doing that willy-nilly), then YOU make a copy and give it to them. Don't hand over your passport to anyone. Even at the Bank of China, my passport is always in my line of sight when they make copies due to money conversion. |
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erinyes

Joined: 02 Oct 2005 Posts: 272 Location: GuangDong, GaoZhou
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Posted: Fri Jun 22, 2007 12:40 pm Post subject: |
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get the contact details of your current boss and give them to the next school. Ask the new school to work out something for you. |
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Plan B

Joined: 11 Jan 2005 Posts: 266 Location: Shenzhen
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Posted: Fri Jun 22, 2007 12:51 pm Post subject: Re: Employer wants to convert residence visa to tourist |
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Bounder wrote: |
I have another teaching job lined-up in another city. My residence visa
is going to expire on July 7 in any case.
.....
BTW, I'm employed with a training center. I'm supposed to be leaving on the 28th
for my new job.
Bounder |
Do you have the old separate green book, or the residence permit in your passport?
Under the old system, you would be required to cancel your visa, and change to a tourist visa. It happened to me. The green book acted as my visa for the time after my passport visa was cancelled.
Is your new job in the same city? If so, go to the PSB with your new employer and new contract, and you can get your visa transferred. |
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mjlpsu
Joined: 03 Oct 2005 Posts: 128 Location: NJ to Shenzhen
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Posted: Sat Jun 23, 2007 2:46 am Post subject: |
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Yeah I got to deal with this one back in January. My old boss threatened to withhold the letter of release and about 7000RMB if I didn't go to the PSB to convert my Z (with more than 6 months remaining on it) into an L.
I mentioned it to my new bosses and they told me it was ridiculous and they have no right to the visa. It's amazing how many illegal and inappropriate actions employers take. |
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HunanForeignGuy
Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC
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Posted: Sat Jun 23, 2007 3:02 am Post subject: |
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erinyes wrote: |
get the contact details of your current boss and give them to the next school. Ask the new school to work out something for you. |
No, that is the ONE thing that you do not want to do under any circumstances....Why? So that your old boss can thoroughly sleaze you and discredit you with your new boss? Absolutely not...not under any set of circumstances...with all due respect to the previous poster, I cannot even believe that has been suggested...guaranteed trouble for the OP...for sure.
The other posters are correct...pack your bags, get the necessary letters, if possible, and if not possible, well, let the new boss do a "work-around". Don't take cr*p. We have all had bosses like that here. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Sat Jun 23, 2007 3:03 am Post subject: |
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mjlpsu wrote: |
Yeah I got to deal with this one back in January. My old boss threatened to withhold the letter of release and about 7000RMB if I didn't go to the PSB to convert my Z (with more than 6 months remaining on it) into an L. |
There is a legitimate reason that an employer may want you to do the above, and this is to ensure that all ties between you and the school are cut before you leave as they have no control once you have left. Our employers are our visa sponsors and as such are legally responsible for us during our time here. If a teacher leaves but maintains the visa then the school could be held responsible for your actions even though you are no longer working for them.
By ensuring that the Z visa (actually it would be the resident permit) is cancelled they are protecting themselves.
However the same objective can be achieved by giving you a release letter stating that you no longer work for them, and assisting in any way that they can to ensure that the responsibility is transferred to the new employer. This way the teacher is happy and the previous employer is sure that they have no further legal responsibility for you.
So the motive for the schools requests here may not be purely dishonest and I think that it is in the teachers best interest to consider this. Perhaps the school is just ignorant of other ways that they could achieve their means.
Assuming that the school is legitimate in their concerns here then perhaps speaking with them about your concerns may bring about a solution. If they are just doing this out of spite then that should become apparent in the discussions and at least then you would know what you are really dealing with. |
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