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Author Topic: Transferring jobs with lots of time remaining on resident's permit  (Read 1954 times)

fullricebowl

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Transferring jobs with lots of time remaining on resident's permit
« on: September 22, 2011, 10:21:47 AM »
In a little more than a week, I'll be moving up to Beijing from Shanghai. My contract with my company was flexible enough that I was able quit my job at anytime as long as I gave enough notice. In a lot of ways I feel guilty because the company invested a lot in my visas, shipping me down to Hong Kong, ect, and I only worked for them for 10 months. Anyway, my residence permit is actually still valid until February.

My new employer seems really nonchalant about changing anything too quickly because it still has several months of validity. Do you think it will be a problem when I register at the police station if I have a residence permit issued in Shanghai instead of Beijing? Does anyone have experience continuing to work on a residence permit from a previous employer?

Raoul F. Duke

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Re: Transferring jobs with lots of time remaining on resident's permit
« Reply #1 on: September 22, 2011, 10:42:42 AM »
You need to get an official Release Letter from the old employer before you can move on to the new one in terms of Residence Permit, etc. There's lots of discussion around if you search it up. bjbjbjbjbj
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The Local Dialect

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Re: Transferring jobs with lots of time remaining on resident's permit
« Reply #2 on: September 22, 2011, 12:25:15 PM »
I don't think registering should be a problem, since technically you're supposed to register even if you're just traveling through. You will also need your police registration before your new job can apply for a new residence permit for you, so that shouldn't be a problem.

Lots of employers will take the attitude that there's no rush on the new permit as long as your visa isn't expiring like, tomorrow. They also sometimes are not in a hurry to process papers for someone who may not work out (this obviously should only apply to those of us already in China). If they drag their feet a bit and you end up leaving or not being what they were looking for then at least they haven't invested too heavily (in terms of money as well as time spent actually working rather than chatting on QQ). I would let them know that while you're happy to have some breathing room with regards to your visa you do expect them to process it asap.

fullricebowl

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Re: Transferring jobs with lots of time remaining on resident's permit
« Reply #3 on: September 23, 2011, 10:31:58 AM »
In order for them to "change my visa" wouldn't the previous one need to be cancelled so they could re-apply for the same document that says it's issued in Beijing? Is there really any reason they would do this while my current permit is still valid?

I'd certainly like to think they aren't dragging their feet so I'll be cheaper to dispose of aoaoaoaoao

old34

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Re: Transferring jobs with lots of time remaining on resident's permit
« Reply #4 on: September 23, 2011, 01:08:05 PM »
In order for them to "change my visa" wouldn't the previous one need to be cancelled so they could re-apply for the same document that says it's issued in Beijing?

The visa has already been cancelled ... when you got your current Residence Permit. So it's the Residence Permit that still has time on it.

Quote
Is there really any reason they would do this while my current permit is still valid?

Yes, because "the permit" is a RESIDENCE permit. AND it's tied to the employer. So your Residence PERMIT is valid as long as you are living in Shanghai and working for your original employer. If you're no longer living in Shanghai and/or working for the school/company named in the Residence Permit, it needs to be changed. Unlike obtaining a new Z visa (which is not what you need), obtaining a change in Residence Permit is easily done within China and between provinces AS LONG AS you get a Letter of Release from your current employer and present it to the PSB (along with the other usual documents necessary in your new location to get a new Residence Permit.

Or your next job can fake it and hope they or you don't get caught working on a Shanghai company/school's RP whilst living and working in Beijing for another company. But that only delays their obligation for two months, so why wouldn't they just handle it now?

Quote
I'd certainly like to think they aren't dragging their feet so I'll be cheaper to dispose of aoaoaoaoao

I'd like to think so, too. They're going to have to deal with it two months from now (unless you/they) get caught out sooner, so why not now? Or...are they even authorized to hire a foreigner now?  And...where are they housing you? If it's on a campus, they might be able to get away with this. But, it sounds like a company in which case they'll house you (or you will house yourself) in the general streets of Beijing. Where you must register your residence with the LOCAL police station. Which will ask to see your passport. Which will show a Residence Permit from a Shanghai company. Which may raise questions.

So yeah, it sounds like they're dragging their feet, because: (1) it'll be cheaper to dispose of you if they don't like you, (2) they want to push a necessary expense a mere two months down the road, or (3) they don't (yet) have the necessary chops to hire a foreigner.

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xwarrior

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Re: Transferring jobs with lots of time remaining on resident's permit
« Reply #5 on: September 23, 2011, 01:32:17 PM »
Quote
In order for them to "change my visa" wouldn't the previous one need to be cancelled so they could re-apply for the same document that says it's issued in Beijing? Is there really any reason they would do this while my current permit is still valid?

old34 said it better - but I spent so long tapping out a reply that I am posting it anyway

The problem is that your 'visa' (Residence Permit) is neither 'current' or 'valid' from the time you terminate a contract.

Your Residence Permit was issued against a Foreign Expert Certificate, which was derived from the Work Permit issued following an application made by your previous employer.

In other words, you were granted a Residence Permit on the strength of your having an approved job with a specified employer. Once you have finished working for that employer the Residence Permit is no longer valid.

While an employer is duty bound to notify the PSB of the contract's early termination not many do so. If, however, an employer is pissed off, and does notify the PSB, the Residence Permit will be cancelled.

A new set of documents are required before you can legally start work for another organisation - Work Permit/FEC/Residence Permit. The starting point for that is a Leaving Clearance document from your previous employer, which specifies the date of your termination.

I would be really concerned if the new employer is baulking at doing that; any good employer who has authority to employ a foreign expert would not take the risk of operating outside the law.

Without new documentation you are at risk. I have no doubt that if the PSB did check and find that you are working on a Residence Permit derived from another employer there is every chance that you would be asked to leave the country.

I think it is best if you ask the new employer to start making arrangements for your new documents once you have forwarded the Letter of Clearance from your old employer. You could point out that it protects both you and the company from any problems in the future.    

 
« Last Edit: September 23, 2011, 10:56:13 PM by xwarrior »
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old34

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Re: Transferring jobs with lots of time remaining on resident's permit
« Reply #6 on: September 23, 2011, 01:50:53 PM »

old34 said it better - but I spent so long tapping out a reply that I am posting it anyway

Not so...and thanks for posting yours "anyway." You filled in a lot of other blanks on this issue and reinforced some of my concerns.



Knowledge is knowing that a tomato is a fruit; wisdom is knowing not to put it in a fruit salad. - B. O'Driscoll.
TIC is knowing that, in China, your fruit salad WILL come with cherry tomatoes AND all slathered in mayo. - old34.