Showers

Fri, May 25

19°C - 23°C

66.2°F - 73.4°F

Tornado

Sat, May 26

°C - °C

32°F - 32°F



























boss says he'll cancel my working visa

Just like it says.. a forum for discussion of these things.

boss says he'll cancel my working visa

Postby holly1980 » Wed Dec 27, 2006 11:14 pm

I want to change jobs but my boss says if I leave he will cancel my visa, can he or is it just an empty threat? My new job will apply for a working visa but only after Ive done a trial month. What happens if he cancels it before my new job applys for my new visa? Is there anyway to know if its been cancelled or not? Also my company wont give me the foreign experts certificate book - do I need this to change jobs? Can they legally keep it? Ive asked all my friends about this but no-one knows!!
Thanks so much for any help given!
holly1980
Newbie
 
Posts: 1
Joined: Mon Jul 17, 2006 4:47 pm

Postby yu888 » Thu Dec 28, 2006 2:50 am

If you have a Z visa, it is transferrable. I am uncertain why you let the company keep your certificate book though since i believe its actually yours. maybe contact an lawyer to ask how it works to be certain, but obviously your boss is an arse and deserves to be outed as soon as this is all over. Name and company would be nice ;)/ Good luck.
6 years of experiences, good, bad ugly... and survived.

My Blog
User avatar
yu888
Board Legend
Board Legend
 
Posts: 11050
Joined: Sat Jan 25, 2003 8:33 am
Location: lost as usual

Postby GetatGo1 » Thu Dec 28, 2006 8:22 am

Yes, try to get this as soon as possible because I think you need it
GetatGo1
Squeeker
Squeeker
 
Posts: 19
Joined: Sun Jun 19, 2005 4:09 pm

Re: boss says he'll cancel my working visa

Postby underh20 » Fri Dec 29, 2006 9:15 am

holly1980 wrote:I want to change jobs but my boss says if I leave he will cancel my visa, can he or is it just an empty threat? My new job will apply for a working visa but only after Ive done a trial month. What happens if he cancels it before my new job applys for my new visa? Is there anyway to know if its been cancelled or not? Also my company wont give me the foreign experts certificate book - do I need this to change jobs? Can they legally keep it? Ive asked all my friends about this but no-one knows!!
Thanks so much for any help given!


Unless you physically surrender your passport in order to have the PSB cancel your visa, it is all but impossible for your boss to have it cancelled, period. Of course, your work visa is tied to one specific employer so that means you can't legally work for another employer though your visa is not cancelled, but so many people do it anyhow and it's highly unlikely you'll get busted.

I'm not sure what you mean by FEC book, but I assume it's something like a work permit for teachers or something. If you have your work permit, it makes switching employers easier when you re-apply for a work visa, but it is not the end of the world if you don't have it.
underh20
Board Royalty
Board Royalty
 
Posts: 6820
Joined: Wed Sep 27, 2006 10:19 pm

Postby Shanghigh » Fri Dec 29, 2006 11:07 pm

Your Z working visa he can't do anything about. Even tought you aren't working in Shanghai anymore, you can still live and stay on your Z visa until it expires.

The other book he has must be your Ailien Working Permit... here I'm not so sure, because here he can cancel. What he can cancel is your working permit for his company. Which means you can't legally work for him anymore, i suspect you don't give a **** ;). However, you're gonna need to give this book to your new employer so he can add his company in there...

I don't think this book matters all that much. Just tell the visa people your old boss dosn't want to give it back and you need a new one for your new job and you're all solid. You don't need this book when you exit the country anyway.

What kinda job? Is the book you talk about a proof that you know something special or is it actually the ailien working permit?
Shanghigh
Seeker
Seeker
 
Posts: 45
Joined: Tue Jul 11, 2006 3:13 am

Postby kenkingdotcom » Sat Dec 30, 2006 4:37 pm

Alien Employment Permit. The little red book. I'm looking at it now. It just states then my employment at my current company expires. I guess the boss can cancel that, but of course you have possession of your own passport. If he keeps the Alien Employment Permit, I'm guessing that your new company would have to go through the entire process of applying for it all over again.
User avatar
kenkingdotcom
Talker
Talker
 
Posts: 87
Joined: Sun Jan 08, 2006 1:25 pm
Location: Originally from San Francisco

Postby underh20 » Sat Dec 30, 2006 5:05 pm

OP mentions Foreign Experts Certificate. This is usually an item additional to the work permit that authorizes the holder to work as an English teacher.

In any event, whether it be the work permit or FEC, they are not crucial to your continued stay in China. The key is not surrendering your passport for visa cancellation. A new work permit and / or FEC can be very easily obtained by your new employer.

A word of caution: some employers withhold your final paycheck unless you surrender your actual visa for cancellation.
underh20
Board Royalty
Board Royalty
 
Posts: 6820
Joined: Wed Sep 27, 2006 10:19 pm

Postby ggh » Thu Jan 04, 2007 1:50 pm

Assuming another scanario for discussion:

Job A: Contract 1 year, expires in 31 Dec 2006.
By 31 Dec 2006, decided not to renew the contract, thus, the Employer A does not renew the visa for you.
But u intend to stay in Shanghai and work for Emmployer B (Job B).

But the contract for Job B starts in 1st Mar 2007. (To start Job B in Jan 07 is not possible due to specific reasons.)

What are you going to do for your visa in Jan and Feb 07?

Any ideas?
ggh
Barker
Barker
 
Posts: 145
Joined: Sat May 13, 2006 2:13 pm

Postby dlaw » Thu Jan 04, 2007 5:58 pm

Use traveller's visa and go in and out of HK to get it renewed before March 1st?
I heard this is quite common... but still u might want to get more advice.
dlaw
Lurker
Lurker
 
Posts: 38
Joined: Thu Aug 31, 2006 5:25 pm

Postby Macaw » Thu Jan 04, 2007 6:17 pm

I don't think you need to go to HK. Just go to Shanghai Public Security Bureau with passport and one photo and fill out an application for L visa which is good for 30 days. Pick up visa and passport in 3 working days and pay 160rmb. Renew visa for another 30 days.
Macaw
Lurker
Lurker
 
Posts: 35
Joined: Thu Feb 02, 2006 11:38 am

Postby phrixus » Mon Jan 08, 2007 11:55 am

i opened this thread seriously expecting to read something like "unless i blow him"
phrixus
Talker
Talker
 
Posts: 124
Joined: Fri Sep 02, 2005 8:19 pm

Postby dragond69 » Mon Jan 08, 2007 3:33 pm

To be honest he can't cancel your visa period unless he has your passport. He CAN cancel your working permit but that doesn't matter. Retain the working book from the labour department and a visa company can help you switch over to another company. If you don't have a release letter from your current employer though you may n eed to start the whole process over.

As for the question from GGH, you can get a L visa in Shanghai for one month to cover the void.

Call some of the visa agencies and maybe they can help. I refer everyone to Dave at Hotsun because he seems to be able to fix all my friends problems. His number is 13818894237.
dragond69
Reacher
Reacher
 
Posts: 210
Joined: Tue Mar 18, 2003 2:54 am
Location: Vancouver, BC

Postby underh20 » Mon Jan 08, 2007 6:20 pm

^ What is the commission rate?
underh20
Board Royalty
Board Royalty
 
Posts: 6820
Joined: Wed Sep 27, 2006 10:19 pm

Postby cherry_chain » Fri Jan 19, 2007 1:02 pm

it could be an empty threat, but for sure that ur boss could cancel ur Z visa. so the best suggestion is u change ur Z visa to F visa. there're more info here: http://www.emoo.net/modules/icontent/index.php?page=28
u can check it out. and if there're any other questions, u can contact me and i'll reply u asap. or u can call me at my office number 51035456 exit 803
cherry_chain
Lurker
Lurker
 
Posts: 21
Joined: Sat Mar 27, 2004 1:45 pm
Location: around Gubei Area,Changning District

Postby underh20 » Fri Jan 19, 2007 4:00 pm

Another lie. Your boss cannot cancel your visa.
underh20
Board Royalty
Board Royalty
 
Posts: 6820
Joined: Wed Sep 27, 2006 10:19 pm

Postby cherry_chain » Fri Jan 19, 2007 4:45 pm

Well, lemme put myself clearly. You boss cannot cancel your visa if he doesn't have ur visa. But if u don't give him the visa that he'll not give u the certificate of leaving the job. So which means u cannot apply for another job to stay here. So what i suggested is to get a L visa(0) go abroad and went back and transfer to F visa.
If we could do that we certainly will help u. u won't lost any penny for inquiry,right?

All what i was trying is to help, is that wrong? or that everyone should keep quite and nobody got to be helped?
cherry_chain
Lurker
Lurker
 
Posts: 21
Joined: Sat Mar 27, 2004 1:45 pm
Location: around Gubei Area,Changning District

Postby underh20 » Fri Jan 19, 2007 5:32 pm

No. It's that when trying to "help" you don't need to sell your useless services, repeat what has been already stated a dozen times, write like a primary school student or otherwise be retarded. ;)
underh20
Board Royalty
Board Royalty
 
Posts: 6820
Joined: Wed Sep 27, 2006 10:19 pm


Return to Visas, Taxes, and Legalities

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 0 guests