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golddd2
Talker
Joined: Mar 08, 2004
Posts: 106
Status: Offline
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Oct 25, 2005 - 12:17 PM |
 
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| Post subject: Job gone, visa gone too? |
Hi all,
I've recently been blindsided by my employer in the midst of a one year contract, and have a visa worry I would love to get some help on.
I can't get any help from my former employer as the relationship has become acrimonious as he refusing to pay me out according to the contract terms (that's another issue for now). So, I am turning to the good folk of SHExpat for informed thoughts and advice.
My former employer was my sponsor to get my Z visa, although I've lived here with my family for a few years now. Now that my position is gone (being replaced by cheaper local) has my visa also become invalid?
Many thanks in advance.
golddd2 |
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golddd2
Talker
Joined: Mar 08, 2004
Posts: 106
Status: Offline
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Oct 25, 2005 - 12:45 PM |
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Hi willcom,
I'm not really looking for a commercial service, but if you have advice please to post it as it might also be useful to others.
Cheers
golddd2 |
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shanghaiceltic
Shanghai Royalty
Joined: Sep 20, 2005
Posts: 8134
Location: Perth WA
Status: Offline
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Oct 25, 2005 - 01:03 PM |
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I was in this position two years ago. I quit my job with my previous company and I was told that I had to hand over my passport to get the work visa cancelled.
In fact they stamped 'cancelled' on the thing. I had a job here setting up a new company and so I had to go to Hong Kong and try and get a new multi-entry visa but obviosuly not a Z one.
I was also told I had to do this within 30 days once my visa had been cancelled.
When I got to HK I took that passport to one of the CTS places where they do visas. They saw the cancelled stamp on the visa and promptly asked what I had done wrong to get it cancelled. There was no comprehension over the fact that people change jobs. cancelled to them meant I had done wrong.
I managed to get a mutli-entry tourist visa but this was limited to 30 days only at a time in China and had to be renewed every 6 months.
I also found out afterwards that the so called HR was being overzealous and should not have cancelled the visa.
My advice is hang on to your existing visa, dont let it be stamped 'cancelled' and just wait until it is due to expire, then leave the country and get a one year unlimited multi-entry visa in HK.
Unless your ex-boss is trying to cause trouble he/she will probably not know about the rights to the visa anyway. |
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I have parrallel bars at home, one for gin and one for whiskey |
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sinned69
Veejay
Joined: Sep 01, 2004
Posts: 1814
Location: China, Middle East, Asia Pacific
Status: Offline
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Oct 25, 2005 - 01:16 PM |
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dont hand over anything. keep your passport with the visa in it, and theres nothing your former company can do about it. dont worry, they can't force you to give your passport back or anything of that nature to cancel the visa so it remains valid until its expiry. |
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qing nin shao deng |
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ren
Lurker
Joined: May 20, 2005
Posts: 36
Location: Unknown
Status: Offline
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Oct 25, 2005 - 02:27 PM |
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I have to disagree with sinned69 on this. According to my (Shanghaiese) coworker who I asked to call the Exit/Entry bureau specifically for this question informed me that in fact if it is in the interest of said company to cancel your Z visa, they have the right to do so. If, however, they choose not to, then yes you are free to use it until date of expiration.
My recommendation though if you can swing it, is to get an F Visa in HK because then you don't need to leave every 30 days. Depending on country of origin F visa can (I believe) be up to 1 year; U.S. is at most 6 months.
HTH
-ren |
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sinned69
Veejay
Joined: Sep 01, 2004
Posts: 1814
Location: China, Middle East, Asia Pacific
Status: Offline
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Oct 25, 2005 - 04:16 PM |
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ren
it appears you are a little misinformed.
if you re-read what i wrote, you will note that i write, dont hand over the passport, and as such since it contains the visa, then in fact the visa cannot be cancelled. the passport with the visa in it would need to be sighted by the appropraite dept/officials and accordingly cancelled as per the sponsoring companies request. this cannot be done without the passport and the visa within it. in other words the visa itself cannot be cancelled in absence.
therefore golddd2 simply with-holds the passport, even if the company demands it, thats fine, there is nothing the company can do to force the handover of the same.
ofcourse it is in the interest of the company to cancel the visa, although its arbiturary since there is no penalty against the company for failing to cancel the visa. so its quite a mute point and a somewhat empty argument.
golddd2 as i posted earlier, simply dont hand over your passport and you can continue to remain here for the duration of your Z visa. i know this can be done for a fact.
incidently i have also clarified the position with those in the know, and my info is solid. i dont post what i dont know! |
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qing nin shao deng |
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GC
The Ginger Prince
Joined: Dec 01, 2003
Posts: 22189
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Oct 25, 2005 - 05:02 PM |
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I totally agree with sinned69. I was in a similar position and held onto my passport, employment and resident permit. There is no reason to hand it over and get it cancelled. |
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You turned on the lights, Fuelled U boats by night, That |
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crikey
Reacher
Joined: Nov 02, 2004
Posts: 311
Location: Jing' An District, Shanghai, P.R.C.
Status: Offline
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Oct 25, 2005 - 06:07 PM |
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visas are issued to the individual, not the company. GC and sinned69 are 100% right.
To my understanding your work visa (Z) is for work with a specific employer, so if you're looking to be employed by a new employer and work legally, you need to reapply for a new Z visa through the new employer (if that's the class you're looking at).
crikey |
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golddd2
Talker
Joined: Mar 08, 2004
Posts: 106
Status: Offline
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Oct 26, 2005 - 10:07 AM |
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You're all brilliant. Thanks for your feedback.
I've been quite stressed about this as the ex-employer has really turned out to be a vindictive swine. Knowing that he can't cause this sort of problem takes a lot of heat off me.
Thanks again. Very much appreciated!
Cheers
golddd2 |
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