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Posts: 5

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Q: TRANSFER WORKING PERMIT AND RESIDENT PERMIT

Hi everyone

 

My name is Kevin and I'm French. I'm having some issues regarding my visa and need some advice : 1. I worked in Qingdao for 2 years (my previous resident permit was issued there). I left my previous company about 3 months ago.2. Now I'm actually working in Shanghai and already transfered my work permit to Shanghai (got my new working permit last week)
3. Now I need to apply for a new resident permit in Shanhgai and I have all the necessary documents. Yesterday I went to the PSB in Pudong and I was toldthat I should first cancel my previous resident permit (the one issued in Qingdao, which is still valid untill August 10). But yesterday I called the PSB in Qingdao and they said that they don't provide this cancellation service and actually there is no need to do it. According to them the cancellation will be done automatically in Shanghai while I apply for the new resident permit (to me it makes sense, the new permit cancels the old on. And if I cancel my current RP then my stay in China will be illegal). Currently I'm reaching a dead end. So if someone has encountered the same problem before I'd be happy to know how you dealt with it.

 

7 years 36 weeks ago in  Visa & Legalities - China

 
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Posts: 3868

Emperor

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Difficult situation! As far as I know the PSB in Shanghai are wrong. I transferred my job from Guangzhou to Shunde in 2014.....only thing I needed from old job was release letter and work permit cancellation reciept. Shunde PSB cancelled by Guangzhou RP and issued a new one. No questions asked and no issues.

 

Transferring back from Shunde to GZ was another story but not related to my RP.

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7 years 36 weeks ago
 
Posts: 7715

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I'm also fairly certain the Shanghai person is wrong!

 

Consider this - if Qingdao cancels your RP, then you'd be in the country illegally! No visa, no RP, nothing!

At least when you hand your passport to the SH Entry/Exit, you get a little yellow slip saying you're here legally until they give your passport back.

icnif77:

Cancelation of RP doesn't work that way! RP purge is either required, because of FT's gross misconduct and teacher gets 7-days L to prepare for China exit. 

Other RP cancelation can be also done by RP sponsor wish/demand. FT gets 30-days L/RP extension/S2, so new RP sponsor/employer has sufficient time to apply for new FEC and finally RP extension for the length of the new Contract.

I (almost) experienced both examples in Fujian: after I received Dismissal notice (for no valid cause!), School wanted to take me to PSB with immediate RP purge and 7-days exit visa, what is warranted for FT's gross misconduct.

However, our Contract stated 'either party can quit the Contract for any reason with 30-days Resignation/Dismissal notice', and after my complaint to SAFEA, I received 30-days S2 visa after RP cancellation, and I moved to Henan with new employer. I also received both required documents, and if everything would be c&d with my new employer, I wouldn't be required to exit China.

In the end, I had to exit China before S2 expiration, because my new RP sponsor didn't receive 'laowai hire authorization cert.' yet, while acting as my new RP sponsor (offered Contract for sign).

'However you turn, ur arse is always behind...' LOL.

So, at RP cancelation some kind of visa/extension is always granted.

7 years 35 weeks ago
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Shining_brow:

I very specifically asked about this at the Entry/Exit people last time my RP was expiring. The guy said 'no'....maybe Hangzhou is different...maybe he was wrong... maybe... TiC!

7 years 35 weeks ago
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icnif77:

'No RP extension' only if arrested for crime, but if your RP expire or if it is canceled by sponsor, extension is warranted. Length of extension varies, depend on cause for cancelation. 

I didn't read Law about it, but I am writing out of my experience.

Even if I would commit gross Contract violation in Fujian, I would get 7-days 'exit' extension, after RP cancelation. Since, I got Dismissal notice by provision (will) written in the Contract, I got 30-days S2 extension.

In Hebei (2010), I got 30-days L and in Xinjiang (2013), I got 30-days RP extension, after the completion of the Contract/RP expiration.

7 years 35 weeks ago
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Shining_brow:

I know dude! I'm just saying that when I asked about it in HZ, the guy said 'no!'

7 years 35 weeks ago
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7 years 36 weeks ago
 
Posts: 5

Governor

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exactly I also think the person is wrong. I have a list with all the steps to transfer WP and RP to a new city and it is no said that you should cancel your previous RP.

I guess I should go back there 30 mins before they close and see a new person. Maybe they won't pay attention this time.

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7 years 36 weeks ago
 
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If you must cancel your RP, Qingdao PSB must grant you 30-days visa (either 30-days L or 30-days RP extension), so your new employer has enough time for RP-transfer/new RP.

 

I am talking out of the English teacher experience. I am not sure, if it applies the same at other professions, but for new RP foreign teacher must supply Release letter and FEC Cancel cert. from previous employer.

With both documents your new employer can change records at PSB as new 'RP sponsor' and you can continue with work in new city till RP expiration.

When your present RP expire (a week before), your new employer should take you to PSB for new RP in length of the new Contract.

You could also dial SAFEA (Foreign Expert Bureau) and ask them for help and assistance. Enter 'safea' in search above for address and contact no. of Provincial headquarters in Shandong or Shanghai.

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7 years 36 weeks ago
 
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Governor

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I also think it only applies to foreign teachers cause teachers need to get a teaching certificate to apply for a WP if I remember correctly。I will go back there one more time and see. If still cannot get it done I will seek help from SAFEA.

icnif77:

Yeah, required documents for WP most likely vary for different jobs, but if you have valid RP and you quit your RP sponsor in terms, you aren't required to apply for new WP, at least not at foreign teachers.

Once, you have FEC, your WP is OK and for the transfer to other employer, English teachers must get two docs. from the old employer. Then, your WP with new FEC can be re-issued at another employer. In the same time your RP can also be transferred to the new job.

I did similar thing few months ago and few times since 2009 as an English teacher. I've always asked SAFEA for advice and help.

7 years 36 weeks ago
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77