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Q: work visa and release letters stuff
Hi all,
I am thinking about leaving my current ESL position, due to several factors. I am in Shanghai now, and may or may not relocate to another city in China. My question is basic. How important is the release letter from my current employer? How will this letter effect or not effect my ability to seek future employment in China? How will it affect my work visa/Shanghai residence permit? (Which I have)
Thanks so much for the input.
You MUST get the release letter and FEC cancellation receipt from your current employer to be able to transfer to another job.
Make sure you give notice to resign as per your contract. This should be 30-days notice. Anything more is against Chinese labor laws.
Then your current employer must give you the release letter and cancel your current WP and give you that receipt.
if your employer is fair they'll do this with no issues and leave your RP in place for while your new employer deals with the paperwork for the new WP & RP. If not and your RP is close to running out that you can get a 30-day tourist visa to tide you over until you get the new RP.
You MUST get the release letter and FEC cancellation receipt from your current employer to be able to transfer to another job.
Make sure you give notice to resign as per your contract. This should be 30-days notice. Anything more is against Chinese labor laws.
Then your current employer must give you the release letter and cancel your current WP and give you that receipt.
if your employer is fair they'll do this with no issues and leave your RP in place for while your new employer deals with the paperwork for the new WP & RP. If not and your RP is close to running out that you can get a 30-day tourist visa to tide you over until you get the new RP.
Thanks for the feedback. My current RP for Shanghai doesnt expire untill next year, at which I may be leaving China. Do you know if I am able to rent an apartmetn in a different city with it?
Hotwater:
Your RP is tied to your work permit. So when you change jobs and get a new RP you'll also have to update your RP in the new city. You're current one should be okay for renting a new place but you'll have to register where you're living with the local police and then register again when you get your new RP.
Your new employer should be able to help provide a Chinese member of staff to help you with this.
If your current RP is valid till next year then it sounds like you're bailing out of your current job not long after getting a new WP & RP. Although the employer has to uphold your 30-day resignation notice they might give you problems if you're resigning this early. Any problems then search this website for your local SAFEA office and phone them for help.
To reply your two questions.
Leave the first part concerning Release Letter and cancelation of your WP out as Hotwater described that properly.
What concerns Residence Permit so it's different - you have to - within 7 days after your employment contract expiration (or cancelation) inform Exit & Entry Administration Bureau and your RP will be replaced with, usually 30 days but in case of need it can be longer based on officer decision, so called 'Humanitarian Purpose' visa.
If you skip this part so it's illegal and it will be found out when you are applying for new RP.
Usually it's not really a big deal as for the first violation the officer will just talk to you but in theory you can be facing fine and even deportation.
In any case it's better to find the new employer before you quit your current job.
With your current RP you can rent the apartment anywhere in China and can also get your registration there.
Probably you may not be able to do so with 30 days temporary visa.
If you already have the position so I would suggest to rent the apartment before you advise your situation to Exit & Entry Administration Bureau.
