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Q: What are the implications of my employer cancelling my Z visa?
I work for a school in Beijing and have both a Z visa and foreign expert certificate, both of which I have in my possession. Compared to many schools in China, it's not a bad place to work. However, I have been working flat out for the past 6 months (5 or 6 full days per week) and now feel the need to take a break. After all, the whole reason I came to China was to see the place and explore the culture - not to work myself into the ground. My plan is to quit my job in a month or so (breaking my contract early), do a few weeks of travelling and sightseeing in China, and then return home. I'll stay in my home country over Christmas, before setting out to China again in the new year. I have made tentative enquiries about breaking my contract early and was told that the school would cancel my Z visa if I did so. My questions are: A. Can they do this without my passport? I understood that I would need to have my passport stamped in order for the visa to be cancelled. If they can do this remotely, how long do I have to legally remain in the country? B. Secondly, does this have any implications as far as re-entering the country next year? I plan to re-enter on a tourist visa and then get my work visa converted again once I've found another job. However, I am concerned about any implications arising from having my previous Z visa cancelled. - B
10 years 35 weeks ago in Visa & Legalities - China
Before you do anything, check your contract about time off, especially around public holidays, this might give you the time to travel that you are looking for. Your work visa is tied to your place of work. In answer to your second question: DON'T DO IT. Don't think you can enter China on a tourist visa and 'convert' it to a residents permit. Any place that tells you that you can do that is illegal. Get the correct visa for work before you start work. There are other threads on this board about this topic.
You might be better off arranging a new job before quitting this one, getting your residency permit transferred (you're on a residency permit now, Z visa is just for the initial entry to China with intent to work), and so forth. Maybe u can even negotiate the holiday time into that.
That might be easier than starting the Z visa process over from the beginning. Also from what I understand, to get a new work permit you need a release letter from your current company, and to get that you need to give 30 days notice to the company. If you do that, you can resign legally and they're required to give you the release letter.
Another issue that might complicate matters is what the new company wants for criminal background check. The process for Korea requires certified FBI background check which requires going through multiple gov't agencies and is difficult to complete from Asia, if that's what they want in Beijing now then at least you know to do it while you're in the US.
You can legally convert your FRP to an L visa for 30 days. Inquire at your local PSB.
Sinobear:
You are supposed to be able to convert your FRP to a 30-day tourist visa (because schools pay for an 11-month visa rather than a one year visa). Again, trust your local PSB rather than an Internet forum.
Rin:
I converted mine to a 30 day tourist visa recently. They insisted on the official release letter.
They can cancel your work permit with the scanned copy you have, all they need is the number, but they'll need to pay a fee to cancel your work permit. I've gone with my company to cancel someones work permit and all they needed was the resident permit number# on that visa.. Thus this makes you a mid night runner and you have 30 days to exit China or pay 500 a day if you stay over 30 days.
They don't need your passport, because you didn't get your visa canceled correctly, the PSB considered you to be a mid night runner and thus now you have a record forever on the current passport number you use now.Do you really want to get a new passport? Stay with your job, work like an adult, finish your contract like a grown up, why? Because you signed and committed to this contract willingly, so you should finish it.
sam239:
If he gives 30 days notice, then will he still be considered a midnight runner? I don't see how you expect FT's to carry out their contract to the end, without exception, even if they're miserable, when you know just as well as I do that the company would cancel it in a heartbeat if it were in their interest to do so. IMO just as long as he gives that notice, it's reasonable to resign.
ironman510:
@Sam239 It depends on the contract conditions man, like mine, I must give a 10 week notice so they can find a new teacher. I doubt most companies allow a 30 day notice, but your on track with the right advice Sam, yeah giving notice would help that person get his or her release letter and canceled work permit together thus allowing the troubled person to change companies easily.
Thanks for the replies. I am still trying to figure out the best way forward. Here's the current situation as I understand it. The following documents are involved:
My foreign expert certificate (I have this)
My residency permit attached to a page of my passport (I have this)
My work permit (I don't know who has this - it's not me)
I understand that the company can cancel my work permit if I leave, but I am not clear on how this affects my residency status (see question A below).
In another development, I have since spoken to the school's HR department. They have made the offer of allowing me to work for them part-time (a few hours a week) after I leave. They told me they will cancel my visa (I assume they mean work permit?), issue me with a tourist visa, and I will then have to get this renewed each month in Hong Kong. Now, I know this is not legal, but unfortunately this is the way the school operates - they employ several foreign teachers on tourist visas.
Any thoughts on this?
My questions now are:
A. The expiry date on my residents permit is March 2014. If my work permit is cancelled, can I therefore live here until March 2014 OR does the 30 day limit apply? What would happen if I overstayed?
B. Is any of this likely to affect my ability to re-enter the country or to re-apply for a resident's permit next year?
C. What is the easiest way to reside in China, work part-time, and travel around a bit at the same time? It seems that a residency permit is tied to full time work here, and of course full time work limits travel options. I am wondering if there are any viable alternatives here.
sam239:
Sorry, I don't know, but can you post on what happens with this? Many times people come here and post questions like this, but never share how it actually turns out, which is the really crucial information.
ironman510:
Answers to your questions: A: if your work permit is canceled, you must leave after 30 days, can't stay until march. B: The right company can help you get a new Z visa, but your canceled work permit won't look good but it shouldn't cause any big issue. C: Any Part time work would be illegal unless your a student on a students visa with the universitys permission. Careful working PT these days, they are checking from time to time.
Rin:
I would say the easiest way to reside in China is to pay tuition for six months or a year. There are some cheap options out there, but maybe not in Beijing. Get permission from your school and get a part time job. You can study as little as 10 hours a week and still get the student visa.
I strongly advise changing to a tourist visa and working for the same company. Don't do it!!
It sounds like your school is just threatening you now without being willing to engage with you to find a solution that suits you both. When you say that they are employing other foreign teachers illegally, you should try finding other legal employment as soon as possible that meet your wish to travel more. That school are heading for trouble as they are, which could result in you losing your job.
