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Q: Gap in Employment

If I leave Employer A in the next month (June 2016) and join Employer B in September 2016 will my documents be okay?

 

I'll have letter of release and cancel my Alien Employment Permit from Employer A.

My residence permit expires in March 2017. 

 

Reading forums, I or rather Employer B will have 30 days once my AEP is canceled to reapply under their name.  

 

Also, with the new employer I'll be working with a Foreign Expert Certificate vs my current employer did not go this route.

 

Essentially, I'll have a gap of employment from June 2016 to September 2016 where I won't be able to legally work.  Which I'm okay with as long as my documents are going to be okay.

 

 

 

 

3 years 40 weeks ago in  Visa & Legalities - Shanghai

 
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I don't follow the bit about you having a foreign expert certificate, then you say your new employer will issue get you a certificate as opposed to your old employer.

Sorry if I have misread your question. But this answer will bump your question onto the main board where the clever people lurk Smile

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3 years 40 weeks ago
 
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Posts: 7206

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I don't follow the bit about you having a foreign expert certificate, then you say your new employer will issue get you a certificate as opposed to your old employer.

Sorry if I have misread your question. But this answer will bump your question onto the main board where the clever people lurk Smile

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3 years 40 weeks ago
 
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Possibly... possibly not.

 

It will depend on how with it the new employer is! Technically, they can only give you a visa/RP for the length of time of your contract - whcih will probably start in September. You might get lucky though, and you get it done early on an 'understanding' (ie, not being paid for that period).

 

However... if the first employer doesn't bother trying to cancel your current RP then you'll be fine! You could ask them nicely (if you leave on good terms) If they don't try to cancel it, then yes, you'll have through until March. The new employer then gets the paperwork

for a new RP, with a new validity date, from when they take over.

The problem, obviously, is that' you want 90 days, when the PSB is only likely to give you 30 days.

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3 years 40 weeks ago
 
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You shouldn't cancel your FEC until you are nearly ready to start the new job. Try to negotiate this with your current employer.

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3 years 40 weeks ago
 
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Basically after your current employment contract termination you need to go Exit and Entry Administration Bureau and terminate your current residence permit - you will be issued temporarily visa (for some reason it's called humanitarian visa) which are usually valid for 30 days (at least in Shanghai you may negotiate a bit more but probably not 3 months).

If you do not do it so it will be found out for sure when you apply for your new residence permit - it can be then solved by reprimand or fine - in the worst case they can deny you new visa/residence permit and ask you to leave the country within 7 days.

Not cancelling your FEC is not enough. 

When applying for the new residence permit you will have to show the release letter from your current employer and there will be stated the date.

If you are in the good terms with your current employer and want to stay in China so simply ask them not to cancel the contract - cancel it in August only.

Otherwise there is no other legal way how you can keep your current residence permit without transferring it to another employer within 30 days after your current contract expiration.

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3 years 40 weeks ago
 
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