Had ZVisa, didn't have residence permit, can I still work in China?

[JakeAdler]

Hello,

 

My situation's a little complicated, but I was wondering if anyone could help me out. I know that I made a foolish decision as part of it, so please don't remind me of that.

 

Short version: I had a Z visa in 10/2012 but never entered China on it. Later, I tried to get another job in China, but was denied the Residence Permit because my old Z visa was still active. I want to know, is it still possible for me to work in China? Do I have to have a release letter?

 

Long version:

 

In October 2012 I went through an unscrupulous recruiter for college jobs. The recruiter gave me tons of references for foreign teachers that worked in a college with great reviews, and I accepted the contract and received an invitation letter which I obtained a Z Visa with. The Z Visa specified the recruiter, not the college, as my sponsor.

 

Right before I left, I sensed evasion on the part of the recruiter. After demanding answers, they admitted that they had given away the college job to another teacher who could get there a week earlier, and were placing me instead at an elementary school in a tiny town.

 

I did not accept the position, and did not go to China on the Z visa.

 

However, in January 2013 I attempted to get another job in China, and was unable to receive a residence permit because they said my old Z visa was still active, so I needed to get a release letter from the company that sponsored it. Needless to say, they demanded 10,000 rmb for it and I refused.

 

Can I never work in China again, do I need a release letter, or will it become invalidated after 1 year/ a new passport?

 

Thank you in advance for any help.

 

[Sinofaze]

I'm guessing that you signed an actual contract with the recruiter before realising there was something wrong.

By law, here in China, once the contract is signed, you are legally-bound to that arrangement for the term. This is a necessary requirement for both parties when considering many working families are spending their life-savings on a promise of a college employing foreign teacher.

These contracts are an essential check against foreigners skipping from their obligations, once they have arrived in the country, which are extremely difficult to replace and very expensive.

Because of this, it is an ardurous task to leave the placement at any time before completion of the term. But it works both ways, where such contracts binds the school or recruiter to provide you with resonable conditions, which makes me curious as to what your concerns were before leaving.

Was it perhaps the accommodation? The standards of the college? The contract, even? It would help if you could provide the details.

It is not uncommon for recruiters to change placements once the contract is signed. You must understand, the demand for foriegn teachers is quite high, which the recruiter is under pressure to secure, going with the highest bidder. There is also the factor that the original placement may not have successfully enrolled enough students to warrant employing a foreign teacher. It could even be that the college has lost its license to keep a foriegn teacher (if you are employed by a school without a license, you're in trouble).

You have to be open to the idea that signing with a recruiter doesn't gauruntee you a preferred placement. You could very well end up teaching in three different high-schools at once. Even maybe a kindergarten. Its like that here in China.

Your main concerns should be-

-you are happy with the contract (It should state details on flight reimbursement, accommadation, salary, health-checks and insurance. ALWAYS ask for a specimen to examine BEFORE signing.)

-You understand clearly the pay (recruiters take a cut of your salary, which should be detailed in the contract. This is why it may be preferable for you to seek placements through the actual school, cutting out the 'middle-man.')

-You are happy with the hours (The acceptable rate is 20 hours per week and I would stick to that ardently. If you are new to China, you will want time to climatise to your surroundings, such as getting Chinese lessons. It is common to find yourself 'sequestered' into extra-teaching here in China. Its like that here).

-You are happy with the accommodation provided (the apartment should have ALL working amenities by western standards. A good recruiter/placement should be happy to send you pictures of said apartment).

-The placement/recruiter has a license to employ foreigners (You don't need to see a copy, just have confirmation in writing, either in the contract or from an email query).

If none of these concerns are satisfied, don't get on the plane.

It does sound that you may have misunderstood the contractual process. But unless more details of your concerns are provided, this is only a guess.

[Sinofaze]

....oh, and btw, you only get the residency permit ONCE you have arrived in China, in the city of where your placement employer is located.

 

What they will do is ask for your passport and take you to a local police station/government office and get you to sign a form. Then then the police station/government office will keep your passport for 1-2 weeks to process your residency permit before returning said passport.

[JakeAdler]

You aren't answering my question, but are instead simply lecturing. If you read my post, you'll see why I made my choice. I don't regret that choice.

I'm only really looking for answers to the question.

[Sinofaze]

(....oh, my lord. wha' a.......)

 

ummmm....yeh...here's the short version.......

 

You are legally-bound by the contract you signed (before you choked...sorry...had doubts.) This means you cannot be hired by anyone else in China until either your contract ends or you fork over the 10,000.0 penalty. Well done.

 

Good enough answer for you, mate???

 

When....sorry...IF you get out here, don't forget to pack that wonderful personality of yours.

 

You're welcome.

[roddy]

Sorry about sinofaze...

 

I would apply for jobs and see what happens - you're over a year away from the original visa now. If it's still a problem, explain what happened - the recruiter shifted the goal posts, you declined, and the recruiter is now attempting to extract money from you. Then see what happens...

[Sinofaze]

"Sorry about sinofaze..." (?!!)

 

Eerrr.....check yerself there, Roddy.

 

She's admitted she couldn't get out here in time and that she got cold feet. What's wrong with teaching in an elementary school or out in the country??? As long as the main concerns I listed above are sorted in the contract, no worries.

 

I was a little suspicious of the recruiter at first. However, the fact is they are acting WITHIN THE LAW. After witnessing collegues out here cutting out on agreements half-way through term because they want to move to a better school/salary/girlfreind or just simply getting home-sick or whatever, I am more clear on such a financial imbursement.

 

Also, I'm more inclined to side with people who don't make me feel I've taken a big **** on their Kashmere.

[JakeAdler]

Thank you Roddy. That's what I was thinking too, especially because I have a new passport number. It's a big risk to take, though. My current recruiter says not to worry, that it will be fine as long as it's not in the same province. But I don't want to get over there and have a rude awakening and then just end up on vacation for another month.

 

[roddy]

Any updates, Jake?

[MeiMay]

Sinoface might not have been polite or used nice language but I agree with him. Being picky about dates and then skipping out on a signed contract and then calling the recruiter unscrupulous because YOU broke the LAW doesn't get you my sympathies.