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Quitting

 
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Bakunin



Joined: 08 Jan 2009
Posts: 21

PostPosted: Fri Jun 10, 2011 12:35 am    Post subject: Quitting Reply with quote

I'm about to quit my job. I've read a couple of other similar threads on this topic, but mine seems to be a bit different. I work in Guandong, but I don't actually have a visa. All I have in my passport is a residence sticker that was obtained in Nanning, Guangxi SAR. not even an F visa, let alone a
Z visa. But I do have a Foreign Experts certificate, also issued in Nanning. Technically, I shouldn't even be working in Guandong with my FEC. If I quit and find another job, what would be the best option ?
Go to Hong Kong and get a new passport ? My passport is going to expire early next year anyway. Or even get a new passport in Guangzhou ?
Or, can my new employer help me process a new visa ?
I've read some people say that you need a release letter, but a colleague of mine changed jobs without one to work where I am now, and then when his Guangzhou visa expired, they sent him to Nanning.
So, has anyone heard about this residence sticker in a passport ?
Any advice would be much appreciated.
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hewlett77



Joined: 17 Dec 2009
Posts: 95
Location: all over China

PostPosted: Fri Jun 10, 2011 1:55 am    Post subject: Reply with quote

You have two options. Go back to where that sticker was issued and try get a L visa, then find a job, get a invitation letter, go to Hong Kong and get a Z visa from Hong Kong. Or go straight to Hong Kong, and apply for a L/F visa to buy you time while looking for legal work. If you do it any other way your asking for trouble. Stay away from agents. I learnt the hard way, now I'm being sent home. But I'm lucky it's my own choice. So the PSB have given me 5 days grace to leave china, thus allowing me back in china at a later date of my choosing.

be very careful with these visa issues, if you get sprung on the wrong visa, you will be sent to detention, deported, and not allowed back in china for 5 years.
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ymmv



Joined: 14 Jul 2004
Posts: 387

PostPosted: Fri Jun 10, 2011 2:35 am    Post subject: Re: Quitting Reply with quote

Bakunin wrote:
I work in Guandong, but I don't actually have a visa. All I have in my passport is a residence sticker that was obtained in Nanning, Guangxi SAR. not even an F visa, let alone a
Z visa.


How do you not have a visa in your passport? You must have some sort of visa in your passport.

Did you sneak across the border? Come in on a different passport? Lose your old passport?
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ymmv



Joined: 14 Jul 2004
Posts: 387

PostPosted: Fri Jun 10, 2011 2:38 am    Post subject: Re: Quitting Reply with quote

deleted

Last edited by ymmv on Fri Jun 10, 2011 4:46 am; edited 1 time in total
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Fri Jun 10, 2011 3:30 am    Post subject: Reply with quote

get a new passport.

start over from the beginning.

new employer will sponsor your work visa.

do it legally.
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Bakunin



Joined: 08 Jan 2009
Posts: 21

PostPosted: Fri Jun 10, 2011 3:42 am    Post subject: Reply with quote

I really don't have any visa. I arrived in China on a Tourist visa. Then my employer sent me to Nanning where the Residence sticker was put in my passport. It isn't any kind of visa - L, F or Z.
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chengdude



Joined: 13 Jun 2004
Posts: 294

PostPosted: Fri Jun 10, 2011 5:38 am    Post subject: Reply with quote

Ignoring the (serious) issues of working for a different organization in a different province from the one that issued your current Residence Permit, there once again appears to be confusion over the terminology...

Legally, if you have a Residence Permit in your passport, then you have the right to reside and work in China until it expires. You also have the right to leave and re-enter China as many times as you wish, again until it expires. The Residence Permit, then, is your "visa". The fact that you entered China on an L-Visa is irrelevant at this point. The Residence Permit is all that matters.

Theoretically, you would find another job and that new job would file all the paperwork required to issue a new Residence Permit. You give them all the documents they need and perhaps take a physical exam. Done. Easy.

If, on the other hand, you have to leave China, then you start dealing with visas again. Legally, you should have paperwork from your new employer to apply and then re-enter China with a Z-Visa. Then, within 30 days, your new employer will issue your new Residence Permit. As is true for your original L-Visa now, your Z-Visa would be moot once you have your new Residence Permit.

The real issues are cleaning up the mess if your next employer wants a Release Letter from the organization that issued your current Residence Permit and then sorting out your expiring passport. You would want, then, to check in with your country's consulate to figure out the best procedure and/or timing for getting a new passport since, no matter what, your current passport is going to expire before your next Residence Permit will.

hewlett77 and Stinky Tofu have the right idea.
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tacoeater



Joined: 03 Jun 2011
Posts: 45

PostPosted: Fri Jun 10, 2011 6:32 am    Post subject: Reply with quote

A Residence Permit DOES NOT allow you to work in China. Only a Z visa with a subsequent Resident Permit gives you the right to work in this country.

Anyone coming to China for longer than 30 days is required to get a Resident Permit - even if you have an L visa and stay here for an extended period, you are required to register with the PSB (obtaining an ARP).

The story by this OP sounds a bit hinky to me.
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chinanoodles



Joined: 13 May 2011
Posts: 74

PostPosted: Fri Jun 10, 2011 6:39 am    Post subject: Reply with quote

chengdude wrote:

Legally, if you have a Residence Permit in your passport, then you have the right to reside and work in China until it expires.


You are 100% correct and do not feel like I am nitpicking.

I just want to point out for those who may be unsure....If in your RP it lists Work as your status....you can work legally. If it says Family, it is essentially a glorified L visa and you can not legally work.

While I am certain the OP has a 'Work RP', I know several people who believe a 'Family RP' will also allow them to work. I wish it were the case. I also was confused on this issue since I often heard/read the term RP but rarely a distinction between the two.
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Fri Jun 10, 2011 7:23 am    Post subject: Reply with quote

Also, let's not confuse Residence Permit with Residence Certificate.

The Residence Permit goes into your passport when you submit your passport to the Entry & Exit Bureau within 28-days of arriving on a 'Z' visa. This process is the responsibility of your school/workplace to instigate.

The Residence Certificate is a document you obtain when you register with your local PSB, which unless you are staying in a hotel or on-campus accommodation, is your responsibility to obtain. You may also be required to present this document when renewing your Residence Permit.
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chengdude



Joined: 13 Jun 2004
Posts: 294

PostPosted: Fri Jun 10, 2011 9:10 am    Post subject: Reply with quote

Quote:
A Residence Permit DOES NOT allow you to work in China. Only a Z visa with a subsequent Resident Permit gives you the right to work in this country.


By that argument, anyone who has a Residence Permit obtained with a prior L- or F-Visa is working illegally. Clearly that is not the case. I have (old) Residence Permits in my passport converted from L-, F-, and Z-Visas. All of the Permits were obtained through well-established (i.e. 211) universities. Have I been working illegally all this time?

This thread will likely devolve into the same bickering over semantics as so many other visa/Residence Permit threads already on the board. The point is the OP has a valid, unexpired Residence Permit and, thus, has some options moving forward. The OP is not in China illegally, although working for a different organization in a different province is clearly against the rules of the Residence Permit. If the school in Nanning that issued the Residence Permit takes a laissez-faire approach to the legalities, the OP has been lucky up to now. Any school that piggybacks on a previously issued Residence Permit, as the one in Guangdong is apparently doing, is not worth hanging around waiting to discover what other unpleasantries lie in the future.

As others have said, the OP needs to extract him/herself from the current situation as soon as possible. Whether that requires leaving China (and for how long) will depend on any number of variables...including another dollop of luck.
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samhouston



Joined: 17 Jan 2007
Posts: 418
Location: LA

PostPosted: Fri Jun 10, 2011 9:58 am    Post subject: Reply with quote

tacoeater wrote:
Anyone coming to China for longer than 30 days is required to get a Resident Permit


Wow, all kinds of new information in this thread! From where in the world did you glean this bit of intel?
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Fri Jun 10, 2011 2:57 pm    Post subject: Reply with quote

tacoeater wrote:


Anyone coming to China for longer than 30 days is required to get a Resident Permit


Untrue.
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Fri Jun 17, 2011 5:42 pm    Post subject: Reply with quote

I believe he meant that the visa must be converted to the RP within 30 days of arrival. It doesn't matter what visa you arrive with if it can be successfully converted to an RP by your employer. The RP replaces the visa and can be used to obtain a new FEC within 30 days if your employer doesn't act to try to revoke your RP.

For a teaching position you must have:

A valid work RP or Z visa that is being converted.
An FEC from the province in which you'll be working.
The police registration certificate (PRC) issued by the local PSB.

So you don't need a new passport or RP. Your new employer will apply for your new FEC and then renew your RP when it comes due. You must obtain your new PRC within 24 hours (working days) of arrival at your new address.

RED
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