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Posts: 1198

Shifu

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Q: Changing employer, changing working visa

Hello,

 

I am now in a changing situation... I am currently still working for my company (non teaching) and my plan is to quit in january. I got already a new job and they will take over my working visa but since they do that over an agency i prefer to check it by myself since i dont wanna leave the country again.

 

my question now is how does it work and how long they have time to get a new visa for me?

 

my new company hasnt applied a working permit yet because i just signed the contract and now they start doing that. My new contract says I will start at the 1.2.2014 and now the question for me is: do i have to work till end of january or can i quit in the beginning of january without losing the change to renew my visa? (i would like to quit immediatly and enjoy a longer new year rather than taking this BS anymore here)

10 years 21 weeks ago in  Visa & Legalities - China

 
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Emperor

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If your present Co. didn't 'break the Contract', you should quit with Resignation notice. You must respect that, because your employee can deny issuing RL and other documents necessary to extend your RP (if you just walk away).

 

If you respect your present Contract, your old employer must submit all necessary documents for RP extension in 30 days after your last working day, .

 

If present employer cause you any troubles, you can turn to SAFEA for help.

 

First renewal of RP (changing employer), then holidays with new employer. 

dom87:

sure i do respect the 30 days leave notice, but maybe they just fire me after i quit immediatly... (you know the chinese lol)

10 years 21 weeks ago
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icnif77:

Co. is in Contract breach, if they fire you after you hand RL. You should get SAFEA's address and phone no. If your old employer cause you any troubles, contact SAFEA.

10 years 21 weeks ago
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icnif77:

Make few copies of Resignation notice. You'll might need one for SAFEA. 

10 years 21 weeks ago
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dom87:

alright, thanks

10 years 21 weeks ago
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10 years 21 weeks ago
 
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Posts: 4422

Emperor

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I'll make it simple for you:

 

What you'll need:

 

1. A release letter & Recommendation letter..

 

2. Canceled copy of your working permit.. (Little red book)

 

3. Your Degree, the original one, not a copy.

 

Next, the rest is up to your new company..

 

It's that simple. Good luck

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10 years 21 weeks ago
 
Posts: 19814

Emperor

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If your present Co. didn't 'break the Contract', you should quit with Resignation notice. You must respect that, because your employee can deny issuing RL and other documents necessary to extend your RP (if you just walk away).

 

If you respect your present Contract, your old employer must submit all necessary documents for RP extension in 30 days after your last working day, .

 

If present employer cause you any troubles, you can turn to SAFEA for help.

 

First renewal of RP (changing employer), then holidays with new employer. 

dom87:

sure i do respect the 30 days leave notice, but maybe they just fire me after i quit immediatly... (you know the chinese lol)

10 years 21 weeks ago
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icnif77:

Co. is in Contract breach, if they fire you after you hand RL. You should get SAFEA's address and phone no. If your old employer cause you any troubles, contact SAFEA.

10 years 21 weeks ago
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icnif77:

Make few copies of Resignation notice. You'll might need one for SAFEA. 

10 years 21 weeks ago
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dom87:

alright, thanks

10 years 21 weeks ago
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10 years 21 weeks ago
 
Posts: 2488

Emperor

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Does your company know your leaving? If they are ok with this then the process is very easy. You can kind of transfer your old visa into a new one relativly simply, then a copy of degree is ok and you dont need to leave the country. It took me just 7 days.

But if you screwing your current job over, then its not easy. If your not a teacher then they probably dont know how to screw you over like teachers get. Most non teaching positions ive seen just want you gone if you dont wanna be there.

Youll grt your current visa stuff cancelled and have to start again, but you still shouldnt have to leave as your not changing types of visas.

Whatever u do, dont get a business or travel visa in the meantime to sort yourself out. Then your definatly going back.

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10 years 21 weeks ago
 
Posts: 1330

Shifu

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u should be aware that if they really want to screw you up, there is a website where they are going to publish ur name, passport number on line, open to everyone including ur next employer

belle_watson:

Not quite what you write.  Please be precise.  

10 years 21 weeks ago
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10 years 21 weeks ago
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dom87:

well i dont think they will be that bitchy. my last employer was the devil but not even the devil did that.

nevertheless my new employer said they give a rats ass on a recommendation letter of my old company

10 years 21 weeks ago
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donnie3857:

What is the website; I'd like to check it out.

10 years 21 weeks ago
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10 years 21 weeks ago
 
Posts: 1198

Shifu

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to clarify the situation:

i will hand in my resignation letter on tuesday so my last working day would be 31 january (new year holiday anyways). Actually i am still befriended with my company and they dont expect that i quit (i guess) but i dont know how they react, so i m worried they kick me out immediately after i quit (i dont really care of personal reasons, but i do care if that troubles my visa due to the fact that i start the new job 1 month later and not immediately)

 

so what i need is:

 

-release letter (how does that look like? my company only has 2 foreigners and i m sure i m the first who leaves there

 

-recommendation letter, do need it for the new visa or just for personal stuff? I am afraid they are pissed and write only bad things...

 

-canceled copy of my red book, i guess i have to give the book to my company and they will go to psb or whatever, but if they do that after my last working day i have no chance in getting the copy because i will move to another province. So how is the procedure there?

 

-my degree, so i have to hand in all these stuff after i already started to work for the new company or do i have to do that during january when i start working in febuary?

 

thanks for the help so far

 

icnif77:

Make sure your new Co. knows about your last working day. Release letter is written in Chinese with red (Chinese) official stamp on the bottom. You can skip Recommendation letter. Hand them your FEC booklet, which they must cancel it. They must give FEC Cancellation cert. to your new sponsor with RL (in 30 days). Old employer will hand all documents to your new sponsor by the 'Edit:' end of Feb., 2014.

 

Talk about vacation with your new Co.

10 years 21 weeks ago
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dom87:

yes my new employer knows my last working day is 31.01 and my starting date is 1.2.2014, never the less its not set in stone because i told them it might delay a week or whatever.

 

so i have to make them cancel my red book before the 31 january?

10 years 21 weeks ago
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icnif77:

No, they must give you FEC Cancellation Cert. in 30 days after your last working day. That's on Mar 1st. (I) Try to make new employer contact your old employer for release documents. If troubles, call SAFEA.

10 years 21 weeks ago
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mike695ca:

dom, while everything they have said are POSSIBILITIES, it is highly unlikely. You havent done a single thing wrong, you have done everything right,and your here doing some research so you dont go in blindly. All thumbs up. The fact is that these people are working with schools who have to deal with foreigners all the time and deal with crappy teachers on occasion so yeah some are spiteful. Your situation is completly different, just remember that when you ask your questions. Although they technically could try some shitty things and blacklist you the far more likely scenario are A your a good employee, you found a better position, theyll wish you could stay, maybe make an offer, wish you the best and gladly help you on your way. or B your not the best for that position so you leaving is probably best for everyone, so they will wish you the best and gladly help you on the way. Unless your ignorant to the real situation or less than honest here, what reasonable reason could they have to study a way to fuck you on your visa when you have already stated they dont know what theyre doing with foreigners anyways. Your fine, and good luck in your new job!

10 years 21 weeks ago
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dom87:

thanks. I know they would like to keep me and i never did anything bad in the company.

the point is just that i dont trust chinese in making no trouble ^^

i also hope everything works out smoothly.

the actual reason i looked for a new position was because i cant take the frequent travel all across china anymore. they lied in that term in the very beginning to me.

10 years 21 weeks ago
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icnif77:

Chinese 'negotiate' with you! They don't pay attention to such 'trivial' thing as 'lie' and 'dishonesty'. Good luck!

10 years 21 weeks ago
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dom87:

hehe ya thats true the guy who employed me was no chinese but the big boss is :/

10 years 21 weeks ago
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10 years 21 weeks ago
 
Posts: 201

Governor

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You already signed the new contract before handing in your resignation with your current employer?  ...and your new employer knows you haven't formally resigned yet or confirmed your last working day?

 

I was going to give advice, but the train already looks like it's going off the tracks.

Iron_Monkey:

oh wait, I can still give advice...

 

pray.

10 years 21 weeks ago
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dom87:

of course you sign a new contract before you quit your old job, whats that for a stupid comment?

i got a better opportunity in my new company. i have 30 days to quit and thats it. if they make trouble my new company will still send my back home or to hk to make a complete new visa, i just dont wanna go through all this stress again

10 years 21 weeks ago
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mike695ca:

whats wrong with that? His new company is ok to wait and hes giving his current company a full month. Only an idiot would quit a job and lose a visa without having another job lined up. Its not a teaching gig, so they probably would care about honoring his contract more than a school would. If its a crap new place and not what he signed on for he can not start the new contract without any reprocussions untill the visa stuff kicks in. Hes handling it much better than you would obviously.

10 years 21 weeks ago
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Iron_Monkey:

Well, so much for professional courtesy, I guess.

 

When I resign, I have a meeting with my boss first to discuss my situation, plans, and negotiate a last working, and then hand over a formal resignation within 24 hours of that meeting.  I do this because a) it's more professional then just surprising your boss with a letter or resignation (especially if you're on good terms) and b) I am much more flexible with my last working day since I have always been on good terms with my employers I often have given anywhere from 45 to even 60 days notice.

 

I have worked for company A, resigned in this manner, and then gone and worked for company B, only to have company A call me a year later asking if I would be interested in coming back at a much more attractive offer.  

 

Been employed in China (non-teaching) for over 7 years straight now.

 

 

10 years 21 weeks ago
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Iron_Monkey:

I should also add when I have changed employers, because I exit gracefully and professionally, I have even had the HR departments of my old and new employer working together to send/receive the release letter and transfer the work permit without my assistance (just need my signature).

 

And you will never see me posting this type of question on this forum because I know how to handle it very well, thank-you.

10 years 21 weeks ago
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dom87:

i tried to change the situation already 3 times and complained to my former boss about the reason why i am unhappy and he kept replying me: "will get even worse"

 

since they lied to me in the very beginning and they seem to forget that i dont really have big regrets to hand in just a resignation letter

10 years 21 weeks ago
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10 years 21 weeks ago
 
Posts: 1

Governor

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How about for switching from a student visa to a work visa? Easier?

dom87:

as far as i know you have to leave the country to obtain a work visa as long as you are not already on a working visa

10 years 21 weeks ago
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10 years 21 weeks ago
 
Posts: 1198

Shifu

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small update:

after a talk, my foreign boss is ok about my leave and everything going its way. i asked for my release letter and recommendation letter before the 31.1.2014 (last working day) and they will provide it for me.

 

my HR just told me they are not sure about the cancelation of the foreign expert certificate (the brown book?). They said you can just go to your new employer in the new city and let them change the name of the employer. So just let the working permit run out of date in shanghai.

 

Is that possible or do they have to cancel the FEC? seems my HR doesnt really know how to do this (first foreigner that leaves :/)

icnif77:

As I know, they must cancel FEC. I gave them my FEC week before my last working day. 

Dalian SAFEA told me about 'in 30 days after my last day, they must give to my new employer all docs. for RP extension'. RL, Cancel FEC cert., and (voluntary) Recommendation Letter. You can ask for more info at SAFEA. Gov. might call your employer with 'directions', as it happened in my case. No problems with my last pay, either.

10 years 20 weeks ago
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ironman510:

I call that a Lazy HR, yes you MUST get your FEC canceled, if not you'll have to go back to get it canceled, so tell that lazy HR to do her job and tell her your new company needs it, print out the law and show it to her, the the recommendation letters optional but it's good to have

10 years 20 weeks ago
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ironman510:

Tell her: well HR where do you get FEC's? Then of course that's where it needs to be canceled....

10 years 20 weeks ago
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dom87:

well she is not lazy, it is just the first time that she has to do this. They will also provide me a good recommendation letter. i definitely leave on good terms. I will ask my new employer as they use an agency for all their visa stuff how exactly the procedure is going and probably call the SAFEA for exact information

10 years 20 weeks ago
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10 years 20 weeks ago
 
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