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anonymous
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Q: Residence Permit Transfer from one company to another - what's the process like?

How long does it take to "transfer" a residence permit from an old job to a new one? What happens during the "in-between" period when one has left the old job and is waiting to start at a new company? Can the person travel outside of China while waiting for the RP transfer to get sorted? What other documents are needed in order to transfer one's RP? Will the old company be notified about the transfer?

 

Please help! Thank you......!

11 years 37 weeks ago in  Visa & Legalities - China

 
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Posts: 3025

Emperor

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Basically, you will need a release letter from your old employer, and with that you go to PSB  to apply within 10 days of leaving your old place of employment.  From the new company, you will need the letter of employment, their registration and their authorization to hire foreigners, plus ID photos, your Registration Form of Residence for visitors from local Police, etc.

Please, be aware that you also must go to Work Bureau to transfer the work permit from old employer to new one, and they may or may not require you to renew your FEC and also a new health exam.

the_horror:

Where do you get that information from all the time... 10 days of leaving? PSB? Without the transferred work permit the PSB can only cancel the Visa... I seriously start thinking you just make scary stuff up for any Visa question posted here.

11 years 37 weeks ago
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HappyExPat:

You are certainly free to think as you may please. But I do bother to read Chinese LAws and Regulations as a hobby of mine, and also because I do value my stay in China. I have done this for well over 10 yeras, and have on my computer saved many details about different regulations and laws.

11 years 37 weeks ago
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ironman510:

@HappyExPat

 

I will get my letter of release soon too. I don't have an Employer lined up yet and with 6 months left on my Resident permit. So You said I should go with in 10 days and tell the PSB I have left my old job, before getting a new job?

 

Thanks man. Don't mind the USER ID the honor. I know the stuff you say is true.

11 years 11 weeks ago
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HappyExPat:

In theory you should, but be aware that PSB will give you a 10 to 30 days visa to either get another job or leave the country if you can not. I am not advicing any one on what to do, I do explain the law or regulation and you make the choices. And your choices are either to go to PSB and report you left your old employer within 10 days and comply, but run the risk of having to leave the country if no new job is found quickly, or wait until you do find one (thus breaking a small regulation), and go to PSB when you have an offer. If you are caught with a Z visa and not workig, you will have to leave the country.

11 years 11 weeks ago
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11 years 37 weeks ago
 
Posts: 75

Governor

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No need to freak out, but you have to reach agreement with your old employer, mainly  to get the "Release Letter". The Labour Bureau seems to process the transfer like any application, you may need all the documents again you used for your old work permit. Hand all the stuff in via your new employer with the new contract. In my experience, you can use the residence permit in your passport to leave for a holiday outside China and then re-enter on it for your next job. Would be nice to get confirmation if this is technically 100% legal.

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11 years 37 weeks ago
 
Posts: 3025

Emperor

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the horror:   please read at http://english.gov.cn/2005-08/29/content_27366.htm in chapter IV, article 20 for your information in the future.

 

And to anonymous :  besides your Release letter you should make sure you get also from old employer your health certificate (it expires after 6 months of issue), your FEC if they have the original, and if they have your diploma and CV.  You will need those to change your work permit at the Labour Bureau.  At PSB you will need to change your residence permit, since it is also tied to your work place and old work permit.

 

Technically, if your old employer has not notified the authorities of your departure, it should still be good for leaving and re-entering China.  Buy if they did, you may be allowed to leave, but not to re-enter afterwards.  And if you want to learn what the Law says, please visit the site indicated above.

the_horror:

The regulation you cite says you have to go the PSP:  "within ten days after obtaining the approval for extension of his term of employment in China or the change of his employment location or his employer".

That practically means, you have 10 days after you got the work permit transferred. There is no point showing up at the PSP without the new work permit - exept you want to leave.

The Labor Bureau now makes the decision about you, the PSB issues residence permits accordingly. That was the other way round in the past, maybe that is why the rules are confusing for some people.

11 years 37 weeks ago
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HappyExPat:

You are questioning from where I got the 10 days. I told you. Now, you try to interpret it. Fine, basicaly you are saying exactly the same thing now I said at the begining. You must be one of the re-incarnated ones.

11 years 37 weeks ago
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bat22:

what if your old employer gives you a bad review with the psp just so you can no longer work in china

11 years 37 weeks ago
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11 years 37 weeks ago
 
Posts: 4

Governor

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Thanks a lot for taking the time to get back to me on the issue......!

The process seems very complicated. And my case is more complicated because my "prospective" employer will only hire me if I'm able to extend my residence permit via my current employer, and obviously I can't tell my current employer that i intend to resign and move to another company - and that makes the other required documents such as FEC, release letter, etc difficult to obtain once i quit the old job.....

 

One of the reasons I wanna transfer to a new company is to grab the chance to live in another city (closer to Beijing)...... But with the residence permit transfer being such a pain of a procedure--- im seriously considering not to transfer to a new company :(

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11 years 37 weeks ago
 
Posts: 3025

Emperor

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RockistA :  What your new employer wants can not be done.  Maybe he wants it his way because he does not have the permit to hire foreigners, but if you do go and work for him, it will be totally illegal.

You only talk of your residence permit, and I wonder why you do not mention the other factors of the work equation, ie. the work permit, the FEC.  If you change employers. you definitively will need also a new work permit (they are good only for the original place of employment), and depending on local officials, maybe even a new FEC and /or health certificate.  sometimes the whole process is straight forward, and not such pain in you know where.  But sometimes  it could become quite tedious and frustrating.  but you never know until you try it.  

 

and for Bat 22:  IF OLD EMPLOYER GIVES YOU A BAD REVIEW at PSB, it is not PSB hiring you.  In China, most employers will not talk roses and peaches about former employees who left them for whatever reason.  Yet, many I know do stay in China and get other jobs with better pay, and working conditions.  Just remember, a Release Letter is not a letter of recommendation or about your performance. 

kapitan:

 

Hi HappyExPat,

Please help me understand your point,Release letter isn't a recommendation letter.I really need to know because I'm also planning on resigning from my current job.Then I've got a question.Do i also need a release letter from my employer even though my contract is by word of mouth(didn't sign any contract) ?

Regards

Kapitan

11 years 11 weeks ago
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11 years 37 weeks ago
 
Posts: 2

Governor

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A related question. 

 

Do you need to resubmit your old CV? If yes, does it need to be identical to the last? It has been two years and do not have the old one. 

 

Thanks all in advance!

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11 years 12 weeks ago
 
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