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Q: Cancelling F visa
I was working on an F visa for the last month, but the employer treated me badly (wrong hours, over worked, underpaid, bad apartment etc).
So I have left my job, and am currently in Shanghai. My problem is my boss now wants to cancel my F-visa, or as she said "Please let me know when you leave the country then I will ask my manager to cancel your visa". Is this possible? If so, what alternatives do I have other than going home?
9 years 28 weeks ago in Visa & Legalities - China
No, it's not possible without your passport.
Imagine what your boss is saying is true. Boss will go to PSB, and cancel your visa today. You're away from the city, and you don't have contact with your boss. How could you know (when) your F is canceled, and you must exit China?
Some Schools want to keep your passport, while you're working with F visa. Reason is, you can walk away from the School to another School anytime you desire. No repercussions or bad records anywhere. Both, your School and you are against the Chinese law.
I walked away from the School in 2010 or 11 with F, and nothing happened to me or to my passport.
I found Z visa sponsor, and get Z visa a month later on the next page of expired F visa.
Your alternatives: 'You can probably get another F from different employer. However, I suggest you find Z visa sponsor, which is only legal visa for work in China. You must exit China, and get Z visa at your home Chinese Embassy. You could get Z in HK, but your employer must write on Invitation letter 'Z visa pick-up in HK', which must be approved by SAFEA (Foreign Expert Bureau). Working permit and Invitation letter (originals) will be send by mail to your HK Hotel. After you receive both original docs., you can apply for Z visa. Same procedure, if you return home, and get Z in your home country's Chinese Embassy.'
shonacamm:
What if they have a photocopy of my passport? (I don't think I ever gave them a photocopy of my visa)
icnif77:
Photocopy doesn't work. That's why School wants to keep your passport, when you're working with F. That's illegal by most countries in the world. There's note in your passport about 'it's against the Law to give your passport to somebody else...'.
If photocopy would be sufficient for cancelling visa at PSB, then Schools would just make photocopies, same as Banks do.
But, School wanted/did keep my passport in 2010. I had to ask my Embassy in Beijing for help to get my book back.
How will you know, your F is cancelled, if School can use photocopy of visa for cancelling? You must be informed about visa expiration/cancellation, either by the date on the stamp or your presence at the PSB.
shonacamm:
Okay, yeah this makes sense. Have you got a link or something I could check this out by myself, just for researches sake?
I have written an e-mail to the embassy visa office here in Shanghai, saying I have finished my business and asking about an L visa etc, but obviously I won't get a reply until after the holiday.
Thanks for the help!
icnif77:
No, I don't have any weblinks and I don't search the Internet for the Chinese visa matters. I can't read Chinese Law books either.
I'm writing out of my own experiences (and 'common sense'). I learned loads about it from eChina, too!
I'm not sure, if your Embassy can help you with L visa. Maybe they can advice you, but you could also just ask straight at Public Security Bureau (Exit Entry Police) in your city.
I'm sure, you'll probably need to apply for L at PSB. However, I'm not sure how that works. Me thinks, you can't do L after expiration of F. You can get new sponsor for another F, but L I don't think so.
If you hold Residence permit, your sponsor must/will get you 30-days L at the expiration of RPermit.
loganwenger:
There are resources available for foreigners - Labour Law of the People's Republic of China http://english.mofcom.gov.cn/aarticle/policyrelease/internationalpolicy/200703/20070304475283.html
Like icnif said. Keep your passport/visa. (of course) leave before it expires. (or change it). Yes your ex-employer could cancel it if you hand them your passport. If you give your ex-employer your passport/visa they will cancel it immediately. So keep it.
Maybe change to a tourist visa if you want to stay longer. Or if you're looking for other work, start applying. (more obvious advice!)
As said above they can't do anything without your passport because it needs to be stamped by the immigration officer to cancel your visa.
This applies for any type of visa (tourism, business, working, short-term work, ...) as well as residence permit. In any case they need your passport (not a copy) to cancel it, for the residence permit (that you obtain when having a working visa) they also need the original alien employment permit (small booklet) to cancel it.
Without it they are completely powerless, all they can do is calling (if they find it) your new employer and telling bad things about you, but they can't give you troubles with immigration because considering that they are not allowed to hire foreigners (can't process working visas) it's like shooting themselves in the foot.
Can you still get F visas?
I thought they had been replaced by the M visa about a year ago. Or were the catagories just split?
Anyway, I had a look on a Chinese consulate website and found this:
(3) F visa: Issued to those who intend to go to China for exchanges, visits, study tours and other activities.
Seems a bit grey to me. But one thing is for sure, you are not allowed to work on it.
But this is an interesting question, because since early 2012, even a tourist visa requires an invitation letter from someone in China before it can be granted.
I suspect this is a reciprical thing. Anyone who has had to apply for a visa for a Chinese Citizen will know exactly what I mean. Basically the inviter has to take full responsibility to ensure the invited person goes home and has to ensure funds are adequate.
Can the named person who invites you get the visa canceled? I think they can.
If I invited a Chinese national to the UK for example, put my name on all the forms, and that person then done a runner, what should I do? Probably tell the immigration people. Then next time their passport or visa was flagged up in the system they would probably be detained.
But if I was sponsoring a non working visa for a Chinese national, so I could put them to work in my Glasgow sweatshop, I doubt very much if I would be daft enough to report them for not turning up to work.
It's called people trafficing. Enticing people with jobs, then trying to keep them in servitude by threats. You are the victim here. You might think you are being smart by beating the system, but basically you are a victim of criminals. Of course, the criminals probably see themselves as good people, but they are still criminals.
I should just go home asap, then apply for real jobs that offer the proper visa.
Good luck 
icnif77:
'You're not allowed to work with F', but what if your F visa sponsor/go-getter is Chinese school?
At my present Uni, there were around 10 subject FTs (USA, Oz, NZ) at my arrival two weeks ago, all lecturing with 3 months F.
Uni is getting authorisation for FTs hire at the moment, and I am left alone. Before holidays, all FT (had to) returned home.
Old Uni, never had an authorisation for FTs hire/sponsoring Z-RP.
TIC.
'add-it': Uni has authorisation, but Middle School I was hired doesn't have it. I have only one School's title 'Kaifeng University' with different levels of Schools affiliated with Uni.
shonacamm:
F and M are now different categories (although super similar).
I'm completely unsure how things are going to play out at the moment, but can't do much until after the Chinese holidays (much like the school) so for that reason have a few more days to enjoy myself (or at least try to).
I think the company would be foolish to go somewhere about the visa because the contract was a load of bull that went against a number of Chinese laws (I had someone check that out for me) and they have a number of others working on F visa too.
However, they are pretty angry/upset that I didn't change my mind and stay.
icnif77:
@shona: 'They're bluffing! They can't do anything, but they're pissed.'
Yes. They couldn't canceled without your passport but if you going to extend in future. Maximum only you can get 1 month for current rule. In big cities such like Beijing , Shanghai , Guangzhou. No matter what type of visa you carry to enter china. After expire , if you walk in yourself to PSB. Maximum they only can extend one time with 30 days. After that you have to leave China.
For my advice you can look for local visa agent to help you to apply another F type visa from other state. Try not to extend in big cities. This is my advice. Thank you.
sorrel:
The poster does not want another F visa as she is not legal, but her employers want her to stay working on an F.
Advising her to extend her F is not good, especially in some of your previous posts you were advertising for visa services.
You would not be advocating illegal behaviour would you?
I am actually more curious on why you do not want to go back home so badly. You sounded like China is the only choice for you.
