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Posts: 6

Governor

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Q: Changing working visa to family visa

Hi

This is my first question on here in a long time, I'm a newb to forums so please be gentle!

Got an issue with my previous employer. I worked 10 months out of a 12 month contract, did my job

professionally, gave 30 days notice to leave - as was required in contract but school are refusing to 

give release. 

I have changed cities already and started at a new school, but I need that damn release letter and FEC cancelation letter to change over my residence permit. Seeing as the school are holding on to it and SAFEA are not much use,

I am wondering since i have been married in China for 3 years, could I change my visa to the spousal one?

If so, what do i have to do and what do i need?

Any help greatly appreciated.

 

**In addition - I am in Qingdao, RP is for Weifang (both in Shandong) wondering if I could just go to PSB here, cancel my work visa myself and change over to marriage visa here as, my wife's hukou is for here.

Cheers

 

***Do I still need the Release Letter to change the working visa to family?

8 years 40 weeks ago in  Visa & Legalities - China

 
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Comments (3)
Posts: 1845

Shifu

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You can change your work visa to a family visa. I am planning on doing this next month. I talked personally with the head of the PSB in my wifes hometown and he said it is fine. I don't wven need to leave China to do it. This is Liaoning though and in China every province has slightly different rules. I feel I must point out that I shall not be working whilst I have a family visa as it is illegal. I highly advise that you don't work on a family visa too as it is against the law.

Lord_hanson:

I should clarify my answer. It won't be changed but canceled and a new one will be given to me.

8 years 40 weeks ago
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icnif77:

That's new rule in China that RP must be canceled, if Contract isn't completed for whatever reason. It happened to me last year first time.

I think, good part is you don't need to exit China to change to 'family' visa/RP.

8 years 40 weeks ago
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8 years 40 weeks ago
 
Posts: 19850

Emperor

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Tell me how SAFEA is useless? My experience with SAFEA is opposite than yours.

 

1. Enter 'SAFEA' in search above for address and contact no. in your Province. This isn't same SAFEA, where you were before you got your FEC. Addresses and nos. on the web link are Provincial SAFEA Headquarters.

2. Chinese law state, your employer is required to give both documents (Release letter and FEC Cancel Cert.) to you (or your new employer) in 30 days after your last working day.

3. Once, SAFEA's agent answer your phone call be polite. Ask for advice and help. Don't argue with them, but follow advices and suggestions they'll give you. I usually ask for agent's email address and offer detailed explanation of the problem through email. 

4. If what you wrote is true (Resignation notice), SAFEA will dial your last employer, and make them give you both documents ASAP (I had same trouble as you described in Liaoning in 2012).

 

I'm talking out of my experience, and I dialed nos. from above web link many times (5 different Provinces at least). I've never got anything useless out of SAFEA.

 

If you'll follow my directions, please return to the Board with feedback on your experience from SAFEA. Thanks!

icnif77:

I'm not sure about changing RP to marital visa. I'd say, if you stop in PSB and ask about, you'll get all guide there. SAFEA will also advice you on that matter.

8 years 40 weeks ago
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8 years 40 weeks ago
 
Posts: 4424

Emperor

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A last chance option you have is get a new passport number if your passport number changes, this trick still works today, my mate did this before, but he's American and new passports get new numbers, but a tricky thing some people don't know is that the working visa should and has to canceled than changed to a new type of visa of any kind so that new passport sees the old visa that can still be used when you register it at the PSB.

 

I still see thousands of guys working on a Q and Shenzhen for some reason ( maybe family at heart.) doesn't bother them, unless they are from south east Asia.

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8 years 39 weeks ago
 
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Answer of the DayMORE >>
A: No, it's not allowed to work under RP at 2nd job! I'd say, Z visa
A:No, it's not allowed to work under RP at 2nd job! I'd say, Z visa/RP sponsor can have an objections to your part-time job. I did the same at my English teaching in China and elsewhere, butT ... I casually mentioned at my prime job, some kindergarten or another school asked me to work with them part-time. Then, my Q: "Is that permitted?" ...  Answer from RP sponsor was always "Yes, but you can't be late or miss the classes at our school ..." with my reply: "No, our work schedule has a priority, and I'll arrange classes at kindergarten only in my free time." When I cleared that, I was undertaking any extra teaching hours at other schools and private students in my free time.Sometimes, teachers at my prime job asked me if I'm willing to have some extra classes elsewhere.I accepted after the talk with School's principal. I suggest, you test the felling at your Z/RP sponsor and once you see they don't object, you can work at 2nd job. Keeping your 2nd job as a secret from your employer won't work, 'cause you're laowai and Chinese know exactly what you do in your free time. However, despite your employer's agreement for extra work, you are still in violation of Chinese Labour law, and even if your sponsor agrees to your extra work, you can still get in trouble, because it's clearly written (somewhere ... ) that under Z/WP, one can work only at the Z-sponsor and nowhere else. Penalties ... I'd say, there won't be any warnings and you'll be required to exit China in short Exit time.It never happened to me, so I can't really advice how is when manure hits the fan ...  -- icnif77