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Q: Release letter question
I have a friend who came to China to teach English. They need him here ASAP, so he was told to come on an L visa ( first big mistake) and then it would be changed to a Z- visa while in China. His work started to go through the process of getting a z-via and are at the FEC stage. He was told that it take 20 working days for the government to check it out. His contract ends at the end of August. I told him if it is taking almost a full contract period to get a z-visa then I think they are not going to give it to him. The question he want me to ask here is if they don't give him a z-visa before his contract ends, but have gotten to the FEC stage, will he need a release letter from the school, since he is planning to change jobs once the contract is over? Any help would be appreciated , thanks.
Let me know if I am right about the following:
Since he doesn't have a z-visa with the current job, but his own l visa he got back in usa he doesn't need the release letter.He is not in the system. Once you get a z-visa in your passport then you are officially in the system and need to get a release letter from the current job to change jobs. It will be like he never worked in China once he goes with the new job and gets a z-visa with them. So he will not need to get a release letter from his current employer.
9 years 44 weeks ago in Visa & Legalities - China
From my knowledge of the system, and I certainly stand to be corrected, but I have brought a lawsuit and was just awarded back pay this morning, IF he has received his FEC, then he needs a release letter. Here's why. The Z visa is not a right to work in China. The Z visa is a right to enter China (for the purpose of working). The FEC is a right to work in China. But your question has a glaring contradiction. The Z visa is necessary for the FEC. So, it would be impossible for him to get an FEC, IF the government is requiring him to get a Z visa. I say this because I lost my passport and FEC, so they gave me an L visa while waiting for my new FEC and resident permit. So you can get an FEC while possessing a different visa, if you have already entered China on a Z visa. The 20 day process you mentioned is probably just a preliminary approval. But he hasnt actually been issued an FEC, correct? If so, I believe he doesnt need a release letter yet. However, if he has an FEC (strange), then his contract has been submitted to the government and he will need to get a release letter. A release letter is really only an amended contract to dissolve the original employment agreement/relationship and rescind the FEC. But if the government hasn't issued him his FEC, then he's still in the "application stage" and can withdraw his application without an actual release letter. Again, this is my understanding of the system, but it's also China, where you can pay someone to serve a prison sentence on your behalf and points on your drivers license follow cap and trade procedures. The bottom line is: Does he have his FEC? Because the requirement for a release letter is contingent on the FEC, NOT the z visa.
bansufan:
From what you wrote, my friend is still on the application stage and in China on a L visa. So I gather from what you said I was right. he doesn't need the release letter until he gets the FEC, which I don't think he will get due to the short period of time he las left on his contract.
WCG:
Just so he knows, he has no recourse if something goes sour between him and his employer. You need your FEC to file a complaint or go to mediation. At least that's what the goof balls down at the bureau told me, maybe they were just kicking the can.
20 days for a FEC?
From start to finids, mine took 7 days.
