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Q: Residence Permit from Beijing and registration in Xi'an.
Hi there,
I posted a question regarding my Visa status almost a couple of week ago. My Residence Permit was stamped in Beijing and my school posted me in Xi'an to work in a school. Once,when Xi'an Exit and Entry Bureau paid an official visit then my school management hid me in a room and didn't reveal my presence to them. On my extreme aggression,my school took me to the police station where I got a manual registration paper but I am still not satisfied .I really want to know if my registration is authentic or just an other game to silence me.
8 years 51 weeks ago in Visa & Legalities - China
Was it a housing registration? It's not illegal to reside in a different city from where your residence permit has been registered, only to work in that different city. But who knows, Chinese are tricky, they might have told the cops that you are on a visit or something. Best way to make sure that you're 100% legal is to go to Xi'an SAFEA office with your passport and ask them about whether your RP is registered for Xi'an or Beijing, they can find out in their system by typing your visa number. They might be surprised to learn that you are not in Beijing right now ^^
Well. The problem can be a bit complex as you could have realized from the repliesto your initial question.
Basically the law says you are required to get your visa (RP) in the place of your work. If the place changes so you are required to transfer your RP.
BUT ...
What about when your work requires frequent long term biz trips? (by long term I mean several months). What then?
Chinese law does not have 100% clear reply to this.
Therefore last time I was telling you that it makes the impression you are in breech if the law but it cannot be decided without knowing the details.
As the problem apparently troubles you a lot so the easiest way could be to spend few hundreds USD and hire a lawyer who can study all your documents and then tell you what to do.
I recommend to go for the good lawyer and not any cheap one or even visa handling agent. You need a good analysis of your case and not just the "easiest kind of sort of" way...
sama.ej:
Thanks a lot ! I'll definitely work out this but you know very well that language is a barrier in China and I have seen that Chinese give favour to their own nationals .When I went for police registration then they asked questions from my school admin in-charge and I just received a manual A4 size paper presenting my name,D.O.B, and Passport Number.
Dial SAFEA (Foreign Expert Bureau) for the clear answer.
Enter 'SAFEA' in search above for address and contact no. in your city.
In 2011, I worked for Helen Group from Hangzhou, which sponsored Z. After I entered China, I was transferred and registered at Yingkou, Liaoning PSB. I worked for Yingkou kindergarten. Signed Contract stated place of work is Yingkou, Liaoning, but Z sponsor was based in Hangzhou, Zhejiang.
If your Contract state working place is Xian (but probably not!), everything is kosher.
If your Contract doesn't state you'll be working in Xian, it's Contract breach, and you can walk away from the School/RP sponsor and keep your RP intact.
gouxiong:
Actually it's not. If the contract states working place Xi'an so RP must be transferred to Xi'an.
In the extreme case RP can be canceled as a consequence to failing to comply with China law.
All this have nothing in common with accommodation registration at the police.
icnif77:
Yeah, that's why I wrote 'probably not'. If so, it qualifies in 'Contract violations'.
If you work in different place than RP/Contract, you can quit and keep your RP intact!
1. Find new employer/RP sponsor.
2. Give Resignation notice to your present employer. I usually/always respect 30-days Resignation notice on the Contract.
3. Submit one copy of RN to SAFEA, which will help you in further RP transfer. You need Release letter and FEC Cancel Cert. from the old employer.
4. As soon as you arrive to the new RP sponsor city, head to PSB, which will change their records about your RP place of work. With FEC Cancel Cert., your new school will be able to get new FEC.
5. Your present employer cannot cancel valid RP, because of the Contract violation-s.
I did that in Dalian in 2012, however Contract violation was different.
As soon as I arrived to Xinjiang, School took me to PSB, where cops did their things in the books. My Dalian RP wasn't canceled, and I continued working in Xinjiang. Two weeks before (Dalian) RP expired, we visited PSB again, and they extended RP till the new Contract expiration.
I'm talking out of my own experience. I didn't read Chinese labor law, and regulations might changed.
School can (will) cancel ones RP only at FT's Contract breach, i.e. 'drunk', 'no show for classes', and similar.
In Fujian, my RP was canceled, but our Contract stated 'either party can quit Contract with 30-days RN/DN for any reason...' I got Dismissal notice.
gouxiong:
Yes, that's correct.
Therefore I was talking about transferring RP.
Usually the police is quite supportive in this issue as long as you fulfill the legal requirements for employment.
I previously also transferred my RP without cancelation.
sama.ej:
Thanks a lot for the detailed reply! I am afraid if I directly call SAFEA for this issue and present myself then I might not be deported .I have already got a very good job in Shenzhen and my new employer wants me to join soon but my school refused to give me the documents (Release letter, Copy of FEC,FEC recommendation letter ) until my contract ends(August 31 ,2015) and they are saying that school in Xi'an had no license to hire foreign teachers but they have applied for the license and it will be settled soon.
I had never faced such a complicated situation in the past one year and everything seems a cobweb to me.
icnif77:
Get accustomed to "Chinese're 'adjusting' everything".
You won't get deported, because Co. violates Chinese law/Contract. First time I contacted SAFEA, I was working with F visa. Add 'Helen' in search above for some of my threads from 2011. I wasn't deported, and SAFEA didn't even tell me I did anything wrong. They went after 'Helen'.
You can call SAFEA anonymously, however I always tell them my name, and where I'm working. Ask them for an advice. Be polite, and don't demand anything. Best is to play stupid, as 'I think, this is wrong....', I'm not sure, if that's OK...' and similar. Don't patronise them! Behave, they are Chinese Gov.
Your Co. is wrong, that's why you should call SAFEA. If your working place in Xian doesn't have autorisation to hire foreigners, you shouldn't be working there. That's the reason, you must be in different room, when Gov. is checking the School.
If you don't get both documents of your present Co., you must exit China, and reapply for Z, most likely out of Chinese Embassy in your home country. SAFEA will make your Co. give you both docs. (and your last salary), and your new employer can just extend your present RP. You don't need to exit China.
Co. might also complain to SAFEA, you breached the Contract (if you quit), and you might have problems at new Working permit application.
If you'll call SAFEA, please update the Board, about 'did you get help out of the Gov.'. Good luck!
Thanks a lot for showing me a clear way.God bless you!
icnif77:
I had very similar happening at my present School. We signed Contract in Sep. last year, but School (wasn't yet) authorized for foreign hire.
I arrived to the School with valid (30-days extended) RP, but school couldn't extend it. I had to exit China (return to EU). School bought return ticket to EU (Beijing - Lon). I received refund for all EU tickets toward my home.
After 3M of waiting in my ''mum's wine cellar''
, I got new WP&Iletter ----> new Z. School bought return ticket Lon-Beijing, and fast train ticket Bj- Zhengzhou. They waited for me at the Railway Station (2am), and drove me back to the city.
Since Sep. (Contract sign), I earned one salary only. At my arrival, I received following holiday's salary. I missed salaries for Oct, Nov, and Dec.
School paid all three salaries, despite I wasn't in the classroom. It was school's fault for the lengthy (3M) WP&IL application.
I call that 'reasonable', so I didn't complain/seek help from the Gov.
I see. My RP is valid till July 17 ,2015 and I joined this company in September 2014. It was stamped from Beijing and they later sent me to Xi'an . I was extremely furious when they locked me up twice and I gave them a notice of one month w.e.f 1st May but they have handled the situation by paying us 15 % of our salary till school gets registered in a few months. The other foreign teachers are very happy for this salary raise but I am still seeking a peaceful solution. I have no interest in accumulating their money in my bank on the name of 'Compensation'. They currently have no foreign teacher who could replace me here in Xi'an .I have asked them to recruit my replacement as soon as possible so that I could give myself a little break before starting a new job.
icnif77:
If you won't renew Contract, School must get you 30-days RP extension after the end of Contract. It's either RP extension, or 30-days L visa.
Purpose of that is 'traveling' or 'arriving to the new RP sponsor job site'. Your new RP sponsor needs some time to apply for new FEC and extend your RP.
By the Contract, you should be in the classroom on the last day of the Contract.
Make sure, they'll take you to PSB a week before RP expiration. As soon as you'll get passport back with 30-days extension or L visa, you must depart your present school next day, and arrive to the new job site as soon as possible.
Explain that clearly to your present employer, as 'as soon as I get passport with 30-days L, I will leave'.
Ask them for Release letter and FEC Cancel Certificate at least a month ahead of your last working day.
By Chinese law, School must give you both docs. in 30-days after your last working day.
Your new employer can't extend RP without this two docs. As I see, you'll most likely need SAFEA for that, even in case you plan to complete your Contract.
Thanks for the explanation! My HR department told me that they will give me a 2 months extension on the same visa category i.e. Z Visa and in this case my FEC will also be extended. I am still confused if an organization can extend the work visa only for a couple of months?It sounds hilarious to me.I have been looking forward to the coming Monday as they would inform us about the status of school's registration process .
I am still not sure about that police registration paper of temporary residence .
I will soon contact SAFEA for the inquiry.
Thanks a lot!
Thanks for the explanation! My HR department told me that they will give me a 2 months extension on the same visa category i.e. Z Visa and in this case my FEC will also be extended. I am still confused if an organization can extend the work visa only for a couple of months?It sounds hilarious to me.I have been looking forward to the coming Monday as they would inform us about the status of school's registration process .
I am still not sure about that police registration paper of temporary residence .
I will soon contact SAFEA for the inquiry.
Thanks a lot!
icnif77:
As I know, 60-days extension isn't possible. I've never got one. It's 30-days, either L or 'extension of RP', so I'm guessing they want to stiff you: 'you'll get 30-days extension till the end of August, and your Contract finish in the same time. That's not OK.
Extension of RP is for 'traveling in China, before returning home' or 'traveling to the new job site', so your new employer has enough time for new FEC and RP extension. New employer might ask you for new Medical exam, too.
Point is: 'when you'll get an extension, you must leave your present school next day'.
