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Posts: 32

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Q: Changing job positions in short time. Cancellation of Work Permit to New Residence Permit.

 

My Residence Permit is set to expire January 14th. I have been hired for another teaching position which I want to accept.

 

The problem is that the job I have now (which I do not like) has me working until basically the end of January. It would be difficult to finish before this time.

 

My (hopefully limited) understanding is that the present employer has to offer a Letter if Release and a Cancellation of my Work Permit before the Foreign Expert Bureau will look at my application, and this will take longer than the time I have left. But I cannot get the cancellation of Work Permit until I finished my duties. I don’t see what the Foreign Expert Bureau just process my materials with a cancellation stating I will be finished at a certain date instead of having to wait for the date itself.

 

I had sort of a similar situation last year, where  as soon as the Foreign Expert Bureau approves of the application, the new school gets a receipt saying that it has been approved, then I get my new Residence Permit. So basically I get my Residence Permit while the Work Permit is being processed.

 

Any advice or has anyone gone through this? I am tired of the stress but I have a wife and a life here.

 

Thank you.

 

4 years 18 weeks ago in  Visa & Legalities - China

 
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Governor

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You can't work past the expiration date on your visa, so your employer will have to either renew your visa, or terminate you (with a release letter) on or before the 14th. Don't let them jerk you around on this issue. I know one teacher who was promised repeatedly by his school they would get a new visa, right up to the day his expired. Then they said "Sorry, no."

 

If you have another job lined up, your visa office should be willing issue you a new short-term visa so you can finish the papaerwork / work permit application process with the new employer... after which you wich you will get yet another visa valid through the term of your new contract..Talk to the visa office well before your current visa expires.

 

If there is a problem getting this done a much less appealing alternative is to switch to a spouse visa. That will let you stay here, but will then force you to go back to your home country to apply for a new z visa (when I did this I was allowed to get the new z visa in HK, but I don't think that is an option now). Again, the visa office can help you.

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4 years 18 weeks ago
 
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Posts: 62

Governor

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You can't work past the expiration date on your visa, so your employer will have to either renew your visa, or terminate you (with a release letter) on or before the 14th. Don't let them jerk you around on this issue. I know one teacher who was promised repeatedly by his school they would get a new visa, right up to the day his expired. Then they said "Sorry, no."

 

If you have another job lined up, your visa office should be willing issue you a new short-term visa so you can finish the papaerwork / work permit application process with the new employer... after which you wich you will get yet another visa valid through the term of your new contract..Talk to the visa office well before your current visa expires.

 

If there is a problem getting this done a much less appealing alternative is to switch to a spouse visa. That will let you stay here, but will then force you to go back to your home country to apply for a new z visa (when I did this I was allowed to get the new z visa in HK, but I don't think that is an option now). Again, the visa office can help you.

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4 years 18 weeks ago
 
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The problem is I have to work until the first week of January. I am trying to get it set up so I can finish my classes earlier, but maybe not. So I am sort of stuck in this situation. Can I get my Release Letter and then finish my work as scheduled? I don't know how many of you get to finish a contract one month before expiration of your Residence Permit.

 

The new employer wants all the paperwork by December 13th, but I won't be finished by this time. But again from recent experience, the Foreign Expert Bureau takes three weeks, and will give me a receipt after initial approval and I can get the Residence Permit while the Foreign Expert Bureau finishes the paperwork. This can be in a week after application. 

PulSartre:

Use the contractual time and inform your employer of your intention to leave. Ask for the documents. Should they refuse, there is SAFEA to call. Once upon a time, that was so useful. Lucky times when icniff used this Governmnet support to force the employer to grant him the rights he was entitled to. Today it may be risky. But, I would still call SAFEA in case they refused to support me to leave with all the needed doccuments. I hope you are legally employed in China. That will grant you the success to navigate this conflict and move to the new employer. 

4 years 18 weeks ago
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4 years 18 weeks ago
 
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The issue is getting the cancellation letter which I cannot get until I finish my work, which won't be until about the first week in January which doesn't give me enough time to go to another employer. This is the issue at hand.  Getting the required documents isn't the problem, time is the problem.

 

I may be able to stay with this current employer but I hate living and working there, and I don't know how well of a relationship I have there. I want out and it's a pain in the ass to get out.

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4 years 18 weeks ago
 
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Is it possible to extend the Residence Permit to take care of getting the required paperwork done?

PulSartre:

Look into your contract and see the conditions on which you can extend your Work Permit. Let us also know. It will be easier to tell you what's what from our experience. It is also important to know whether the employer wants to keep you employed. Whatever you do, do it peacefully and keep it prudent when you deal with them. 

4 years 18 weeks ago
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Scahtz:

I don't think you can actually "extend" the RP, but you can get a visa that lets you stay in China, process the paperwork for a new job, and not have to get a new Z Visa. What you seem to want, though is for your employer to give you a release letter before you finish the contract. That might be possible if you have a good relationship with the school. It seems unlikely, though, as the letter stating you completed your contractual obligations really shouldn't be issued until you do. Your new employer should be willing to wait for the release letter until you complete your current contract.

4 years 18 weeks ago
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4 years 18 weeks ago
 
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Hello.

The FAO will start my work permit cancellation around December 13 (I wish she would do it now or next week, since my job itself will finish around the week of Christmas) but the cancellation probably won’t come back until around December 27th. She won’t do it until the 13th because my Residence Permit expires the following month on that day.

I would like to know if I can get a short Residence Permit extension does my new employer can get the paperwork finished.

What gives me some hope is that last year it was around the same timetable. I didn’t get my cancellation back until the 30th of May, my RP expires June 14th but about a week later got the approval from the Foreign Expert Bureau and applied for the Residence Permit.

But this new employer wants my paperwork ready to go by December 13th.

Not to mention the FAO lady is not the friendliest person or the easiest to talk to, and she has her timetable and if I ask her to do it earlier will get mad at me. So I am stuck with this.

I have heard of a “Humanitarian” or “Stay Visa”, and want to know if there is such a thing and would this work for me.

icnif77:

Dial SAFEA and ask them about it. They will certainly help you by coaching your employer with right procedure.

 

It use to be mandatory 30-days RP extension after 1-year contract was completed. That provision was before Labour law changes in 2017.

As I finished my last contract in June 2017, I got 10-days "Humanitarian visa" extension. You cannot really read word 'humanitarian' on the visa stamp. I didn't have new sponsor and I just exited China.

4 years 18 weeks ago
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4 years 18 weeks ago
 
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Would I really need to wait until a month before my Residence Permit expires to cancel my Work Permit? The cancellation seems to take a long time.

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4 years 17 weeks ago
 
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77