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Q: OVER A BARREL

So I sign a contract from overseas with this agent here in Beijing, she says no problem our company can process the transfer of my residence permit. 7 years in China has not taught me anything, so we go to the kindergarten and there is no wifi, no computer, no drinking water (for kids only), no air-conditioner was told it was an international kindergarten, and the face would be talked off me by some of the kids and that the other chinese assitants have super english and all would be good.they dont speak any english what so ever, and I would teach 25 classes a week 

 

it was more like a prison sentence, so I try to talk to the agent about leaving as it clearly lies from the word go

she says "that she can't process the permit and she got the kindergarten to do the invitation letter", now it seems she has me over a barrel, telling me she will cancel the permit, (but she cant do anything, its the kindergarten headquarters)

 

they have a few other kindergartens, and she will take me to those, and pick one, she tells me that the resident permit is tied to the kindergarten and its up to them to give the release not her company which I signed with,  i was thinking worse case scenario is i could pay the agent for the visa costs and just let it be for the year and get release letter next year ( i know illegal but thinking it was seamless if i stayed in Beijing

 

my passport is at the PSB now and will be released next tuesday, if i dig my feet in and demand the release letter, how long will it take to be issued, and where does it leave me visa wise with the PSB ( I KNOW THE RESIDENT PERMIT WILL BE CANCELLED), but how many days will the PSB give me to to get my stuff in order before i have to leave, or will they give me enough time to find another employer with out having to leave and begin the whole hiring process from scratch

 

a disaster have not slept in 4 or 5 days from worry  

14 weeks 1 day ago in  Visa & Legalities - Beijing

 
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It is very simple: 'that is most likely Contract breach from party A side, so you should':

1. Find a new employer who must be authorized to employ laowai. Ask the potential employer to show you their 'laowai employment certificate'. It is certificate in yellow color issued by SAFEA and entitle Chinese employer to sponsor Residence permit, get FEC and similar.
2. As soon as you clear no.1 give Resignation notice to your present employer with either '30-days notice' or 'immediate Contract termination'.
If your living quarters aren't heated and similar, such conditions warrant immediate Contract termination.

You should make up your mind about the way of termination, i.e. if you'll quit the job today you must arrange your housing with new employer for tomorrow.

I suggest, you contact SAFEA and ask them for an advice or just follow my lead.
You will most likely need SAFEA's help with retrieving all necessary docs. your new employer will need at Residence permit transfer/changing of an employer on the same Residence permit.

No China exit (and applying for new Z with the new employer) is required.

In old times (last year and earlier) you should get Release letter and FEC cancel certificate from the old job and then new job can simply transfer your valid Residence permit and you stay in China and continue with work at the new employer.

Good luck!

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14 weeks 1 day ago
 
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Your embassy is one choice, if one is close enough. Otherwise, I'd suggest sending a pm to icknif77 as resolving this type of issue seems to be his professional specialty. 

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14 weeks 1 day ago
 
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Meh.. no problem if you can find a new employer.

 

Because.... the required 'probation' clause let's you off Smile

 

Yes, you may have to pay for visa costs... but other than that, no issue (well, other than the employer stuffing you around by not coughing up the release letter in a timely manner).

 

With the new regulations, it shouldn't be a problem transferring to a new employer in the same city/province.

 

Also, just as a BTW, how many contracts did you sign, and whose names are on them?? If you've only signed one with the agent, then you've (again) been told a pile of lies!

 

On another note... kindy jobs - especially in BJ - pay a packet (like 25K)... what's the frikken deal with no aircon and no water??? (or computer or wifi)

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14 weeks 1 day ago
 
Posts: 2823

Shifu

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I agree with what Shining said.

 

Find a better job, don't quit the kindergarten until you have one otherwise you might find yourself homeless and with no visa but as soon as you get a decent job bail on the kindergarten.

 

If you can find a job with even a half decent school that is licensed to hire foreigners they will most likely be able to make the visa switch reasonably easy and hassle free.

 

I would go door knocking at the training schools where you are.

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14 weeks 1 day ago
 
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Minor Official

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I had a situation last year when a RP was going to be cancelled and I was told I had 10 days to leave China.. IF you'd rather stay, find a new employer

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14 weeks 1 day ago
 
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i signed only one contract and that was with the agent, as she said she/her company can transfer the permit easy peasy

 

but she got the kindergarten to sponsor the invitation letter, with out me ever meeting or seeing the kindergarten people

 

she took me to another kindergarten and it was there the boss told me it was them who issued the invite not the agent

 

so yes trying to find new employer now, will get pasport back from PSB on monday, that will have the resident permit

 

but its the release and cancellation are the two obstacles now, the agent cant do anything as her name is no where near the invitation letter

 

so im just hoping the kindergarten chain might play ball, with me, but they knew what they were doing by issuing the invitation without my knowledge

 

wait n see

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14 weeks 1 day ago
 
Posts: 13450

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It is very simple: 'that is most likely Contract breach from party A side, so you should':

1. Find a new employer who must be authorized to employ laowai. Ask the potential employer to show you their 'laowai employment certificate'. It is certificate in yellow color issued by SAFEA and entitle Chinese employer to sponsor Residence permit, get FEC and similar.
2. As soon as you clear no.1 give Resignation notice to your present employer with either '30-days notice' or 'immediate Contract termination'.
If your living quarters aren't heated and similar, such conditions warrant immediate Contract termination.

You should make up your mind about the way of termination, i.e. if you'll quit the job today you must arrange your housing with new employer for tomorrow.

I suggest, you contact SAFEA and ask them for an advice or just follow my lead.
You will most likely need SAFEA's help with retrieving all necessary docs. your new employer will need at Residence permit transfer/changing of an employer on the same Residence permit.

No China exit (and applying for new Z with the new employer) is required.

In old times (last year and earlier) you should get Release letter and FEC cancel certificate from the old job and then new job can simply transfer your valid Residence permit and you stay in China and continue with work at the new employer.

Good luck!

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14 weeks 1 day ago
 
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7 years in PRC and you're over a barrel? I suggest you start setting aside some "screw you I quit" savings.

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14 weeks 17 hours ago
 
Posts: 6262

Emperor

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You did not mention your work permit in your question.

 

Work permit before RP.  If you signed the contract from overseas, you would need a Z visa to get in.

 

What visa did you enter with?

 

As a matter of interest, connected, but not connected to this question, I have been reading the DACA threads on Redditt. Heartbreaking stuff going on. But wow, those kids are well clued up when it comes to the law. As they need to be.

 

You need to understand the law too. We sort of know it. So start again..

 

Do you have a work permit?

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14 weeks 6 hours ago
 
Posts: 6262

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http://answers.echinacities.com/question/another-visa-question-lvisa-iri...

 

Dude. Do you have a work permit?

 

If not, you have no rights.

 

Yup, the law is an ass.

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14 weeks 6 hours ago
 
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my resident permit expired August 31st, so we went to PSB with agent before hand to apply for new permit, my passport is currently at the PSB now, i will pick it up on tuesday next

 

they were given the release letter and FEC cancellation from my old company, but they used a different outfit to issue the invitation letter

 

so in theory my original contract isnt worth a bollocks, as their name is no where near the invitation letter

 

so if i have a drama, its with the invitaion letter issuer, but i signed nothing with them or never heard of them 

 

and the new release letter and FEC cancellation will be issued by the company i never met as the initial agent has no capacity to issue or process visas and the likes

 

she told me she had and that her company were the ones who looked after everything

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13 weeks 6 days ago
 
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