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Q: A friend of mine is in a problem coming here. It is beyond my knowledge of Chinese visa law
A friend of mine accepted a position in one city about seven weeks ago. She signed the contract and they apparently began working on her z-visa paperwork. She would send emails to them, but they were ignored.
Nervous, she applied for and accepted another position (better actually) in another province in China about three weeks ago. She likes the new one.
The paperwork for the visa has been put in and after seven weeks, the original school said that they finished. She told them that because of their slience, she went looking for another position. The school told her that the paperwork was done and being sent to her and if she legally wanted to work in China, she needed to accept the old school's z-visa paperwork because they "would not release her."
She doesn't know what to do. She wants to come, but found a better position. I told her that until she gets the visa, they cannot dictate where you go, considering that the two positions are in two different provinces.
Please advise. Am I wrong in my assumption or is she stuck in the first job? Can she legally work another job after the paperwork has been submitted, but the visa has not been issued?
8 years 31 weeks ago in Visa & Legalities - China
Has she signed any form of contract (probably - but be aware that the English version basically means nothing).
The first school has jumped through a lot of hoops - but nothing is actually set in stone. In theory, your friend could still get there (on the 30 day Z visa), and be rejected for the Residents/Work Permit.
By the sounds of it, anyway, your friend still hasn't applied for any visas yet, and so the school doesn't have a leg to stand on. All that's happened is the school has gotten the official ok to invite someone into the country to work for them - but it's only an invitation! Nothing says she has to accept such a thing!
How far into the application did she get? I am guessing she will now have the foreign experts certificate. She can try asking the HR department of the new company. They might know what to do. The Foreign experts can be cancelled but it might have to be done by the old company. It looks like your friend was a "back-up" teacher. They couldn't get the person they wanted so settled for your friend.
Stiggs:
If she hasn't arrived yet, wouldn't she be on the z visa still? Or maybe even just the letter of invitation.If she hasn't acted on the letter of invitation yet I would think she'd be ok.
GeoHistTeacher:
Signed the contract. They are sending her the paperwork for her visa, but is still back in California. Not visa has been issued.
Has she signed any form of contract (probably - but be aware that the English version basically means nothing).
The first school has jumped through a lot of hoops - but nothing is actually set in stone. In theory, your friend could still get there (on the 30 day Z visa), and be rejected for the Residents/Work Permit.
By the sounds of it, anyway, your friend still hasn't applied for any visas yet, and so the school doesn't have a leg to stand on. All that's happened is the school has gotten the official ok to invite someone into the country to work for them - but it's only an invitation! Nothing says she has to accept such a thing!
I think you are right.
Here is my thought, if she is in her own country she should be okay and pursue the other job, unless it is in the same city because that means the schools are using the same PSB(so might not work). Also if she doesn't have a z-visa she is not tied to any company. The school is not applying for the visa but the paperwork that will allow her to get one.
IMO, she's better off with first position, under condition she'll get Working permit and Invitation letter to her mail, and apply for Z at Embassy.
If WP had been issued, new school might not be able to secure new WP.
She'll be able to change jobs later, because school will most likely violate the Contract.
Problem as you described exist only in West, and it's not understandable as such in China/Chinese. Chinese explanation: 'Rep. who's in charge of Z administration was too busy', and that is the reason for delay in Z papers and no answering the phone/emails. I had to wait 3m at my last job to get new WP and ILetter with most of my belongings in school's apartment. Same thing, rep. stopped answering the emails, and after my threat to placement agent I will apply at different school, we continued with conversation through emails.
If you're in China, you could maybe get help and explanation from FEB.
If you decide to dial them, enter 'SAFEA' in search above for address and phone no. in your Province.
I got my fec (little brown book) after I arrived in China... the company can only send you the invitation letter, your friend do not have a visa or fec issued on her name yet.
I was needed to send my original qualification and past experience certificates, for process of company applying an invitation letter for me( with this letter you apply a visa, enter the country and then get the fec and rp after joining the company). In this case she obviously haven't sent any originals, or she couldn't apply for a different company. If she didn't, she should be okay to go through another company.
Shining_brow:
Maybe...
Or maybe because you didn't write 'JiaYou ZhongGuo!" or "I love Xi!!!" :p
Just presume it was the wumaos... If it was grammar, it'd most likely be a regular, who would (I'd hope) write something about it - instead of just the thumbs down).
Have a small re-balance :)
Tell them to f-off and and that they loose in court and have to pay her for nothing。。。 if they have the visa they have to send it to her... if not they are full of shiddd
