Magister
- 2012-07-28
Yeah i've heard of a couple of situations where people have managed to get a z visa processed in China (both in Beijing) but i wouldn't count on it.
Finding someone who knows the system to negotiate with the school is definitely a good idea. I managed to convince a school that i worked at to not cancel the RP of another teacher who was leaving as part of a negotiation that took place in regards his departure. I also managed to do the same with the last job i left mid contract, although i did leave that position on good terms with those in charge and therefore it made the process a lot easier.
Also if you can find a new job before you leave then you can get your new employer to do the negotiating on your behalf. Clearly they have a vested interest in you being able to start your new job sooner rather than later and at lesser hassle and cost than if you have to leave the country and start the visa process all over again. They will also be in the best position to know exactly what they need from your former employer in terms of documents, visas,etc.
mark
- 2012-07-27
hey there.,
a couple of things to add to masters post.
british passports seem to be more favoured and can change from L visa to Z visa without leaving china, (but only in certian provinces)
you could use an agent in china to change frmo an L visa to a Z visa (some can do it some cant)
I am currently on a residency permit for a job that i left. from my understanding as long as you dont get the canceled stamp in your passport they cant easily cancel your residency permit.
if you pi$$ off an employer enough, they will spend the time and money to do it, but its very very VERY hard for an employer to cancel a residency permit without your passport.
so if you dont annoy them too much they tend to cancel you expert certificate but leave you residency permit intact as the head ache is not worth it.
I left my last job in bad grounds and i know they wanted to cancel my rp, i still check into hotels from time to time so im sure if my rp was canceled a member of the PSB would have come to the hotel to take my passport away and change to an L visa.
A way around having to change RPs is to say to the new school you can work part time (part time being however many hours they need you) then you shouldnt need to get a new rp with them as you are only on a part time contract.
stay safe and be lucky.
the best way to do it is to find a clause in the contract they have broken and cancel the contract because of that (even a minor thing)
also you can look up SAFEA rules (SAFEA gives them the power to hire westerners) and if they have broken one of them, you can tell them they have not kept up with that so the contract is void.
needs be, find someone who knows the system and bring them to your office to talk with your boss (make sure who ever it is is a male as men are in general not pushovers, also a chinese friend of yours would not want to loose face infront of you, a western friend who knows the rules can walk in and after 20 minutes have the school beging for the SAFEA release documents to get you as far away from them as possible)
stay safe and research every school before signing a contract.
Nia
- 2012-07-27
Dear Magister,
Ha! The kindness of strangers...
Thank you so much for your reply and taking the time to write this. At least I know where I stand now!
Wishing you a good time, wherever you are.
Nia
Magister
- 2012-07-26
Hi Nia
Unfortunately it is difficult to give an absolute answer to such questions because the policies of schools as well as different government authorities differ from place to place.
Firstly it's worth understanding the terms used for the various pieces of paperwork.
Foreign expert certificate - this is a document that the school processed for you prior to you arriving in china. It's specific to you working for that single employer.
Z visa - that's what you got when you went to the embassy in your home country. It allows you to enter china and apply for a residence permit. Once you've got the residence permit that z visa becomes invalid.
Residence permit - I'm assuming that you've been with the school long enough for them to have processed this document (it has to be within 30days of arriving). It'll be in your passport. It's specific to a city/area.
It's worth knowing the difference between these documents when it comes to dealing with cancellations and applying for new jobs, etc.
If you leave the school will definitely cancel your foreign expert certificate and will more than likely cancel your residence permit as well. If you can convince them not to cancel your residence permit then you won't need to leave china and you should be able to apply for another permit in your new city (if your new job was in the same city you wouldn't need one at all). There's two main problems with this
1. You're quitting so you shouldn't expect any favors from the school. They may just cancel both documents and force you onto a tourist visa which will likely mean that you'll need to leave the country once that tourist visa expires and/or if you find a new a new job and then want apply for another z visa.
2. Different cities/provinces have different policies about this kind of situation. Some will not allow you to only cancel the foreign expert certificate they will automatically cancel your residence permit as well and put you on a 1 month L visa (tourist visa).
Obviously if you don't give the school your passport the authorities can't physically cancel your residence permit i.e. stamp cancelled on it but they can still make it technically invalid. That would leave you living in china with no valid visa/permit (as I said above these documents are specific to a single employer and single location you can't just transfer them to a new school in a new city). In my opinion what you friend has said is poor advice. You have 2 main options
1. You do a runner. You could head to hong kong or another nearby country or go back home. Once there you look for another job and having found one apply for a new z visa.
2. You resign giving your full notice and go through the official process of canceling your visa. If this means that the school/authorities don't cancel your residence permit then this is the best option. If they do cancel the rp then they will put you on the tourist visa. Once on the tourist visa you will be free to find a new job but you will likely have to leave china anyway if the new employer wants to give you a new residence permit because you can't apply for a z visa from within china. What you might be able to find is a new employer who will pay for the cost of your trip to hong kong in order to apply for the new visa.
There are a few other things to consider mainly regarding references and release letters. If you change jobs in china you need a release letter from your original employer to confirm that you no longer work for them and are free to apply for a new residence permit and foreign expert certificate. This letter must be signed and stamped (the school has an official stamp).
Could anyone tell me what happens to the working visa when one leaves a job. I am currently working for EF, not a good idea, and I'am quite unhappy there, for different reasons (...).
I am considering terminating my contract. But, of course, I need to find another job before I do, in China, I guess. My employer has told me that if I terminate my contract they will cancel my z visa. But a friend of mine has told me that they could not do that, unless I give them my passport, and that if I found another job I should be able to keep my present visa.
As I have never broken a contract before, I am not sure what really happens in this situation. If they do have the right to cancel my visa, is it possible for me to apply for a tourist visa in China? Which should give me enough time to get my working visa..
Thank you for taking the time to read this and helping.
Nia