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Posts: 8

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Q: If my Chinese work visa has expired, can I apply for another one?

My job in China is coming to an end soon, but I'm not convinced that my employers will issue me the necessary release documents for another job. 

So if I apply for a job after my work visa is supposed to expire (my job ends in July, but the visa actually ends in November, though presumably they'd cancel my visa after I leave the job) would I still need these documents from my former employer? 

Also, if my work visa is canceled by my employer, how many days grace should I get to leave China?

Thank-you for your time.

9 years 45 weeks ago in  Visa & Legalities - China

 
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Comments (7)
Posts: 19790

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Q is 'Why your employer wouldn't give you Release letter and Cancelation Cert. of Foreign Expert Certificate?'

SAFEA (FEB) will help you get all necessary documents for extension of your Residence Permit. Write 'SAFEA' in the search bar above for Foreign Expert Bureau's address and contact numbers in your city. By Chinese law, your employer must get you all necessary documents for RP extension in 30 days after your last working day.

 

If you leave your job before Contract expiration, you must exit China and apply for new Work Permit in your home country.

 

If you end your Contract, your employer must get you 30 days L visa for departure China (or it is just 30 days RP extension).

 

I'm in the similar process now. My RP (and Contract) expired on May 3rd, 2014. I got extension of RP till May 29th, 2014, so my new employer get enough time to apply for new FEC and RP.

 

Good luck!

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9 years 45 weeks ago
 
Posts: 4421

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You must get your release letter. If you finish your contact and they don't give you one go report them to the PSB or SAFEA.

icnif77:

PSB won't move. SAFEA is the right address!

9 years 45 weeks ago
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ironman510:

It's a 50% chance. The PSB has helped many of my friends in cases like this in my 9 years. But its tge PSB where foreigners get there visa's, not just any PSB.

9 years 45 weeks ago
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icnif77:

Yes, maybe that was the reason PSB (Dalian) directed me to my Embassy for all RP docs. and last pay. Right PSB department is (probably) 'Exit Entry Dep.'.

However, SAFEA (FEB) always helped me.

9 years 45 weeks ago
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9 years 45 weeks ago
 
Posts: 8

Governor

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Thanks for the information, I had no idea my employers were legally obliged to provide these things. 

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9 years 45 weeks ago
 
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@Shifu

 

If i did leave before my contract expires and apply for a work visa from my home country, do you think I would still need the Release Documents?

 

Recently my work have been trying to impose rules that bear no relation to my contract. I don't wish to leave, but may have to.

 

The answers have been very helpful already regarding the Release Documents, but if I may I'd like to ask another question.

 

Do I still need a Reference Letter from my previous employers if I apply for another job and work visa from home country?

 

Once again, thank you for your time.

 

sorrel:

if your employer is trying to change anything, keep insisting that it is not in your contract and that you have stuck to your contract.

communicate both verbally and through email so there is a record of the problem.

If they only communicate with you verbally, confirm things by email

if they persist in trying to change your contract without your agreement, ask them for the address of your local SAFEA office.

 

outline that you will be looking for both a Release Letter and Reference at the end of your contract (in Chinese and English) as you are entitled to, but have both checked by a trusted friend that the Chinese matches the English

9 years 45 weeks ago
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Vyborg:

Hi Palmerston, it doesn't have anything to do with your question but 'Shifu' isn't a username, it's part of the ranking system of this site. Both Sorrel and Icnif77 are Shifu (and they know what they're talking about regarding your question), while you as a newcomer are 'Common Folk'. Since I am a 'Minor Official' myself, I felt obliged to remark on this. And I will also have to check the contents of your bag.

9 years 45 weeks ago
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icnif77:

I'm not sure about 'do you need RL, if you apply for new Z'! I believe, SAFEA holds some FT record. You might expect some troubles, if you quit your present job without RL, and apply for new Working permit in your home country.

I'm talking out of my own experience, and I've never violated Contract.

However if I would, I would expect some problems when applying for new Z.

It is much easier, if you point Contract violations of your employer to SAFEA. They will contact your boss, and put him back on the right track.

I usually contact SAFEA on 2nd Contract violation, and I received their help (all docs. and last salary) 3 times in the last two years.

9 years 45 weeks ago
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9 years 45 weeks ago
 
Posts: 8

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So, my employers are legally obliged to provide both Release Letter and Reference Letter upon completion of my contract?

 

Sorry to be laborious on these on these points, just want to be sure.

 

Thanks for the help.

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9 years 45 weeks ago
 
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A Release Letter and Reference are usually requested by your new employer.

Your current employer should, as a matter of form, provide these.

it they refuse to do so, contact SAFEA

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9 years 45 weeks ago
 
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Shifu are your ranks rather than your names, apologies.

 

Thank you Sorrel and icnif77

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9 years 45 weeks ago
 
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if u are going to change to another company, in same city same position, it's possible to just transfer...otherwise, can just to apply as new one...feel free to contact me~ha~

ironman510:

Visa scamming troll alert. sad

9 years 45 weeks ago
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77