Denied Z visa but granted foreign expert permit?

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CharlieLoves Original post #1
I have a problem that has become a major issue with my visa for China. Any advice on who to contact or what to do would be very helpful. My ex employer handled my application for my Z visa. After a trip to Hong Kong, I was told that one of the papers needed for my application to be processed was not dated. Because I couldn’t make another return trip within such short notice; I asked the agent at the Embassy there if I could have someone else bring my application in for the visa. The agent said that was fine, but the person had to have a Hong Kong address. I returned to the mainland on a tourist visa, and my ex-employer went to handle the application again. Apparently, my visa was mailed to a relative in Hong Kong and was processed. I received my passport back with the 30-day Z visa. The company then applied for a Foreign Expert Certificate and began the process for the residence permit. The visa office, however, declined the residence permit because I didn’t have an entry stamp for the 30 Z visa. I had to then get another tourist visa while in the mainland. Due to the unprofessional manner of handling my visa, I decided to change my employer. Upon finding a new job, my current employer says I need a release of contract from my old employer. Is this necessary, since my ex-employer never provided me a working visa? I do have the foreign expert certificate(book), but I have been told that it’s not valid without a work visa. Now, the ex-employer is saying we have a year contract and they will not release me from the contract; however, it’s been two months and I haven’t had a work visa or employment with them. Advice Please

2 Replies

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KenXu #2
I am not a lawyer by any means, but I think since you have signed an employment contract with them, you do need a release letter. Without this letter, you can’t work for another company. You need to refer to your contract and see what it says regarding early termination. For example, in mine, it says that if I want to quit, I need to give a 1 month early notice. So, once I want to quit, I will still have to work for them for a month. You might have something like that as well. Maybe you will have to give up your bonus… Also, since you don’t have a residence permit, the company cannot legally employ you. so, you do have some leverage. Also, might be a good idea to seek professional legal help.
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CharlieLoves #3
So, after a meeting with the old employer; I have a release of contract; signed, stamped, and dated. However, a possible new problem is arising: because the 30-day Z visa has never been activated, I may not be able to process a visa with my new employer until it has expired or is activated. I’m being told that allowing it to expire is the best way; because if I activated it, ‘there will be a shed load of paperwork’. I’ll update you as I get more information. It should be fast too; my tourist visa expires next Wednesday!

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