SOS: Visa problem V.2

[SeekerOfPeace]

Well to make a long story short, I’m thinking of leaving my job. Seriously thinking about it.

I do feel like I should like I should tell you why and justify myself but I really can't be bothered. I hope you'll trust me that I have good reasons.

My contract stipulates that I would have to pay a penalty to the school of 500$ US to 2000$. How do they determine just how much money I'm supposed to pay as a penalty? Can anyone clarify this for me?

My residence permit is valid until December 31st. Could I just travel on that, without getting a tourist visa?

I'm in Sichuan at the moment. Could I just stay in China and live off my salary until December? Could I be arrested for doing that? Would I have trouble at the airport when I left if I did that?

If my employer decides to revoke my resident permit, can he do that? If so, what should I do next? Do I have to go all the way to Hong Kong to get a tourist visa so I can travel and just have a good time?

If I do have to get tourist visa, how long does it last? It's 90 days isn't? How many times can I renew it? If so, is there anywhere nearer than Hong Kong to do the procedure?

What is the worse my employer can do if I break the contract?

What would be the consequences of leaving without telling them anything? I would rather not to that, but if worse comes to worse, what would the possible consequences be?

[johnd]

Could I just stay in China and live off my salary until December? Could I be arrested for doing that? Would I have trouble at the airport when I left if I did that?

If you overstay past the valid date of your visa, there is a cumulative daily fine - can't remember what that is, but it's quite high - I suppose they would collect before they let you leave. Don't know about being arrested though.

But if your stay here on your valid residence permit, without getting another job, I suppose there wouldn't be a problem. Maybe others can comment.

[SeekerOfPeace]

Sorry I wasn't clear.

My VISA is not really relevant right now as I have my residence permit.

My question remains (among the other ones), can my employer revoke my residence permit?

[Rincewind]

SeekerOfPeace - Your employers can't revoke your residency permit or the expert cert. Only the PSB can do that. However, if your employer fires or you quit your job then you have to tell the PSB and/or leave the country. Your residency is contingent on having work. If you stop working then you are no longer entitle to stay. If you get a new job in short order then you can probably roll things over with just updating the paper work. But you can't hang around doing nothing.

Could I just stay in China and live off my salary until December? Could I be arrested for doing that? Would I have trouble at the airport when I left if I did that?

Yes you could be arrested. I know one teacher who's school didn't do the residency paperwork on time and he found himself woken by the police at the door at 6am. Likewise, they would't let you through at the airport. I believe the fine is $50 for each day

To change to a tourist visa, Hong Kong is the place of choice because it's well connected to china and people there speak English. Also getting the visa dealt with is simple there. But any Chinese embassy in any foreign country would do. So go to Korea, Japan or where you want.

As for breaking your contract. If you quit and you are at fault then your due to stump up the $500. Your employer has outlaid money and resources getting you here and finding you work. You are going to seriously mess up their business if you just disappear one day at no fault of theirs.

[roddy]

The breach penalty is part of the standard foreign experts bureau contract (and has been copied from there into some schools' own contracts). I've yet to hear of anyone actually having to pay it - has anyone else? I suspect it's used more as a threat than anything else.

Theoretically you could get away with sticking around on your residence permit if your employer is happy for you to do so (unlikely) or lines of communication between your school and the PSB, or your local PSB and the actual guy standing at the immigration desk, are flawed (more likely). Personally I wouldn't risk it - get yourself another visa one way or another.

Fines for overstaying a visa / residence permit are, last I heard, 500Y per day, 5000Y maximum. I'm not sure if going AWOL from your employer and trying to leave the country six months later with a healthy tan and a suitcase full of souvenirs would fall under that or not.

[SeekerOfPeace]

Thanks for your replies.

Yeah, even though the situation here is really tough, I can't leave without saying a word.

My contract should finish in June. I actually get along well with my boss, so I'm sure he wouldn't have a problem with me staying in China on my residence permit after my contract is finished.

If my boss agrees (like he says he does), would it be safe for me to remain in China and not work until December?

Thanks for all the replies. You really helped me at a critical time. Good Karma.

[badr]

as long as the residence permit and your passport are in your possession, there is nothing to worry about.

The only possible issue that could arise is that of needing a end-of-contract letter to get a new visa/resident permit if you try and get one before your current one expires. One way to get around that is just timing...

disclaimer: I don't advocate running out on a contract...

[SeekerOfPeace]

Thanks for the info.

I've decided I would finish my contract after all.