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Q: Agency won't give my visa back - My "school" hasn't paid yet.
There's more to this. Some of our Chinese assistants aren't paid for almost 2 months now. 2 left, while the others are still staying in the hopes of getting paid. Some are paid though, including all english teachers. None of them called the authorities regarding the management's unlawful behavior. As a non-native speaker, I always expect myself to veer away from dealing with visa legalities and let the HR/Agency do the working visa and resident permit for me. Now, I'm trying to get my visa back from the agency after applying for the residence permit but this english training school hasn't paid them yet. It's been 3 months now. Any advice regarding this? I really want my visa and passport back after they cut 1500RMB off this month to pay my accommodation. I was furious but they beg to pay me back "when I'm going to leave". I mean, fuck it. I'm going to leave asap.
4 years 49 weeks ago in Visa & Legalities - China
Don't tell them you're going to leave because if they think you're staying they'll still be trying to keep you onside.
But let them know that them holding onto your passport is illegal, a passport actually belongs to your government in theory - or I think that's how it works - and if you don't get it back you'll be forced to tell your embassy that company X has seized your passport illegally.
I doubt a sketchy school or recruiting company wants problems with an embassy contacting the local PSB.
diverdude1:
yeah,,, I remember years back in US passport there was even a footnote stating that it was ' Property of the US Government' or some words to that effect. I haven't looked closely at mine in years, but now I'm curious if they are still stating that in the document. I think I'll have a look...
philbravery:
Diver ...all passports beling to their country of origin you are just allowed to use it ...if someone tales your passport contact your consulate and they will deal wirh it ..Just tell them it was stolen
Stiggs:
The problem with telling them it was stolen is that they'll probably just go and cancel it automatically, which would also be a pain in the arse.
diverdude1:
@phil
I knew u were right,,, but I just still wanted to go look my passport closely, haven't done that in awhile... it's like reading the 'safety card' on an airliner...
anyway..... here it is in B&W,,, or maybe color...
(a) A passport at all times remains the property of the United States and must be returned to the U.S. Government upon demand.
(b) Law enforcement authorities who take possession of a passport for use in an investigation or prosecution must return the passport to the Department on completion of the investigation and/or prosecution.
Don't tell them you're going to leave because if they think you're staying they'll still be trying to keep you onside.
But let them know that them holding onto your passport is illegal, a passport actually belongs to your government in theory - or I think that's how it works - and if you don't get it back you'll be forced to tell your embassy that company X has seized your passport illegally.
I doubt a sketchy school or recruiting company wants problems with an embassy contacting the local PSB.
diverdude1:
yeah,,, I remember years back in US passport there was even a footnote stating that it was ' Property of the US Government' or some words to that effect. I haven't looked closely at mine in years, but now I'm curious if they are still stating that in the document. I think I'll have a look...
philbravery:
Diver ...all passports beling to their country of origin you are just allowed to use it ...if someone tales your passport contact your consulate and they will deal wirh it ..Just tell them it was stolen
Stiggs:
The problem with telling them it was stolen is that they'll probably just go and cancel it automatically, which would also be a pain in the arse.
diverdude1:
@phil
I knew u were right,,, but I just still wanted to go look my passport closely, haven't done that in awhile... it's like reading the 'safety card' on an airliner...
anyway..... here it is in B&W,,, or maybe color...
(a) A passport at all times remains the property of the United States and must be returned to the U.S. Government upon demand.
(b) Law enforcement authorities who take possession of a passport for use in an investigation or prosecution must return the passport to the Department on completion of the investigation and/or prosecution.
Sounds like they have you by the short and curlies. Tell them you need your passport to catch the train/bus to meet your girlfriend's dying grandmother before she croaks.
diverdude1:
do peeps really 'croak' at the moment of expiration?? Perhaps we actually do share DNA w/ amphibians! 
Just got to the police. Let them help you.
Stiggs:
In theory that makes sense but I could see it backfiring too.
If there is anything sketchy going on and the OP is working on the wrong visa, which seems possible, then he's going to be deep in the crap.
Or if the school has guanxi - and everything that goes with that - with the local police which is almost certain and a teacher goes to them with a complaint it's not hard to see how the law will be interpreted.
Honestly, I'd consider the police to be the last resort.
How will you leave China without your passport? How will you travel anywhere without your passport?. The embassy of your country will have to send a diplomat to escort you back to Beijing so you can board a plane to go home on a temporary diplomatic pass. Shady schools, including the one I am at, are demanding to hold your FEC, Medical documents, and your passport. This kind of thing is starting to happen all over China. All of those documents are your property according to SAFEA. The passport is your government's property. I went to pick up my passport myself. I got my Medical book back, but the FAO insisted on keeping the FEC. I didn't mind so much because SAFEA has the original on computer. SAFEA informed me that it doesn't really matter who has it, but they will talk to the school, and the company that got me the FEC. I feel a little sorry for those who are conned into teaching in China and don't have the proper qualifications as pointed out by Beijing. But then again, I don't feel that sorry because those people now the laws in China. Go ahead and tell the school you have to leave because your primary ID has been stolen. Do not go to the local PSB. Phone your country's embassy.
