Crazy Visa Situation – Help!

[reej115]

Hi all, I have a residence permit which will finish in 4 weeks time and I stopped working for my former company 3 weeks ago, now I have a new employer and they want me to get a release letter & a cancellation of my current work permit with my former company, for getting me a new residence permit with my new company. The former company people are so bad and don’t want to give me the release letter or cancel my current work permit. I don’t know what to do in this situation and has anyone gone through a silmilar situation? Thanks in advance for any info you can provide.

[Ian]

Did you give them notice that you were leaving?   They can not refuse to give you a release letter if you gave them full notice.  My last company tried to do the same thing I just contacted the head office in Beijing and threatened them with legal action…

[reej115]

Thanks Ian, for the reply, Yes, I gave them a one month notice. I really don’t know what to do in this situation?  Do I have any legal right in this country being a la wai?

[Ray]

I just got my z visa processed. Something which hasn’t been publicised much is the crackdown on people breaking their contracts. I know a few guys in this situation, and one was interrogated strongly by Chengdu PSB recently. If you can’t get a release letter you need to provide evidence of wrongful conduct or breach of contract by your former employer. If you just reply that you found a better job, the PSB will come down on you. I was told that breach of contract by a foreigner is technically grounds for refusal of further work permits, so tread carefully and good luck…

[Ian]

If you gave a full months notice and it’s written in your contract.  They have to give you a release letter.  Also some Chengdu companies have a lot more guangxi with the PSB so be careful… What kind of company? Training school?

[Charlie]

If you can’t resolve the situation with your previous employer (perhaps you will have to threaten them to get them to acquiesce), you might have to go to Hong Kong and come back. The only two problems with the Z visa is that initially it’s a pain to establish, and that if the relationship with your visa sponsor falls through, it puts you in a difficult situation. I think the worst case scenario is you go to Hong Kong and come back though, so it’s workable, just a bit of a hassle.

[ratatoee]

the point is thats , even  go HK would work out , even years later , why? because he as no clearance letter and this will follow him always . so the only options its i know not so good but its works well ! lost passport make a new passport new number and on cv delete your position you was then you can processing for new Z ,if you have new passport and leave on cv the position you was psb wont granted you a permit all the best ..

[Ian]

Don’t listen to Ratatoee, throwing your passport away is not a good idea.  Try to sort it out via negotiation.

[reej115]

Thanks everyone for the reply. I don’t want to throw my passport and do it that way. I am gonna try it either like what Ian, said via negotiation or Charlie, going to HK.

I will let you guys know how it’s gonna end up

 

[Charlie]

ratatoee wrote:

the point is thats , even go HK would work out , even years later , why? because he as no clearance letter and this will follow him always . so the only options its i know not so good but its works well ! lost passport make a new passport new number and on cv delete your position you was then you can processing for new Z ,if you have new passport and leave on cv the position you was psb wont granted you a permit all the best ..

I don’t think this will follow you always – it will follow you until you enter on another visa.

[Rick in China]

If you do something like that you’d also likely have a “previous passport stolen” marker on the passport, and occasionally it will turn up on security checks at numerous entry/exits around the world and you’ll get pulled out of the standard stamping to a manager of sorts for ‘extra verification’, enjoy the hassle rat…

Agree with sentiments above, throwing away passport is a terrible idea.

[Shuangmian]

Ray wrote:

I just got my z visa processed. Something which hasn’t been publicised much is the crackdown on people breaking their contracts. I know a few guys in this situation, and one was interrogated strongly by Chengdu PSB recently. If you can’t get a release letter you need to provide evidence of wrongful conduct or breach of contract by your former employer. If you just reply that you found a better job, the PSB will come down on you. I was told that breach of contract by a foreigner is technically grounds for refusal of further work permits, so tread carefully and good luck…

I previously left a company before the end of a contract, handed in the resignation notice, paid a penalty etc in the past, are they likely to hold this kind of thing against you?

I’m likely to change jobs in September. Although I have no intention of breaking my current contract, I wonder about anything that happened previously.

Or are they referring more to teachers that do midnight runs and stuff?

 

[Author]

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