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anonymous
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Q: does work visa cancel existing tourist visa

I entered China on a one year, multiple entry tourist visa in late 2011, got a job, went back to the US, and returned in early Feb on a work visa, and now after four months of a one-year contract am resigning. My employer wants me to bring in my passport to have my work visa canceled and says I will be issued a one-month tourist visa.

 

(1) Can they withhold pay if I refuse to do this?

(2) My old tourist visa has never been canceled - why isn't it still good? - my employer claims it is no longer valid, but I'm not sure I believe them - is this correct?

 

I'm not crazy about them taking my passport again when I don't really trust them in the first place.

11 years 45 weeks ago in  Visa & Legalities - China

 
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Posts: 3025

Emperor

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1.- You can not have two Different Chinese visas valid ant the same time.  So, when the work visa was issued, your tourist visa was canceled.

 

2.- My passport never leaves my sight.  Not done !.  So, offer as an alternative to go wherever with your passport to have whatever done.

 

3.- Legally they can not withhold your pay, but practically and in reality, they can do as they damn please.  Chinese employers are known to ignore signed contracts as it pleases them.  They may be trying to bully you, but in reality all they need to do is to tell PSB you are no longer working for them to have your work visa, work permit and residence permit canceled.  Your passport is not really needed.  Just like your passport was not needed to cancel your tourist visa before.

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11 years 45 weeks ago
 
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Governor

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OK - good info, thank you - my follow-up then would be: if i have them cancel my work visa and so forth (without giving them my passport) and don't have any new visa issued, do I face any problem leaving China (by plane to US) if there if a 3-4 day lag between them canceling that visa and me leaving China?

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11 years 45 weeks ago
 
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Emperor

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If you leave China four days after your Chinese visa has expired, yes for sure you may expect some problems.  I say "may" and "perhaps". You might be fined RMB 500 per day for the overstay and depending upon how nasty the local PSB want to be or not want to be, you might encounter some difficulties in obtaining your next visa.  That recently happened to a foreign national female colleague of mine in the same situation.  She knowingly overstayed and exited to Macau to get  a new visa to return.  She spent almost three weeks in Macau "arranging" her return because her initial requests for a new visa were repeatedly denied.  Quite  a lot of finagling went into the securing of a new visa.

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11 years 15 weeks ago
 
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