Ask Headmaster Ken

Hi,

For various reasons my university employer and I have mutually agreed to terminate the contract.

I am not very clear on what implications this has for the handling of the visa, FEC (foreign expert certificate), and residency permit, so I would like to ask the following question:

I now have a residency permit that expires at the end of July. When the contract is terminated does the residency permit get canceled? The FAO at the university said she is legally required to report to the PSB once the contract is terminated. What implications does that have for me? Do I have to turn in the FEC?

Here is what I want to do: I want to stay in this city and get a job with another university in July, because the universities are now closed and it's difficult to find a job in the middle of the academic year. Is it possible for me to not have another employer for the next few months and just live on my own?

If these questions have already been answered please point. I have looked through the Guide and this forum but have not found anything that relates to this issue.

Thanks,

Sridhar

As this involves university employment, I'll take a crack at it. In addition, I clarified a couple of things with Ken and I'm sure he'll comment later on if he has something to add.

From a strictly legal perspective, the school does need to close out your foreign expert certificate and convert your Z-visa and residency permit to an L- or tourist visa. In reality, however, the schools may have a lot of flexibility.

The FEC belongs to the school and, yes, they must surrender that to the PSB when either the contract expires (and is not renewed) or is mutually terminated, as in your case. The residency permit is another story though. Technically speaking, the current sponsor is legally responsible for you and your welfare in China for as long as that residency permit is valid or until it has been transferred to another employer. How much latitude they feel they have or realistically have in your particular city or province is another matter.

As you plan on staying in the same municipality, you have no choice but to treat this as a mutually-agreed upon negotiation with your current employer, assuming they have some discretion here (and they may not). As you do not already have another job lined up, I am personally doubtful that they will allow you to work part-time for other employers (licensed or not) on their residency permit for another six months. It's a long-shot I think, but it can't hurt to ask.

Depending on the interpretation and implementation of the law by the PSB in your municipality and/or province, if your university must close out your Z-visa and residency permit and convert you to an L-visa, this could pose anywhere from minor to major problems for you. Most universities seem either unwilling or unable to convert L- into Z-visas and a "visa-run" to Hong Kong, depending on the particular interpretation and enforcement of the relevant laws given your particular nationality, du jour, may or may not be a viable solution. In other words, it is possible that you may have to return home and reenter China with a new Z-visa in order for the next university to hire you.

You have some homework to do, especially in regard to sitting down with your FAO and ascertaining what they can and cannot do for you in regard to your current Z-visa and residency permit.

Best of luck.

I think Greg pretty much covered the waterfront in his answer.

I'd just like to add that it really is well above and beyond the call of duty for your employer to assume all the risks involved in keeping your residence permit open for six months after your parting ways.

It is possible, but when it happens, it is usually because of negligence on the part of the employer.

There are those who are either indifferent or unaware of the risks or just can't be bothered to close out paperwork properly and let such things slide.

They'll do that until they are presented with a whopping huge medical bill thanks to a long forgotten employee. And I've known that to happen.

But, as the saying goes in China, "You can try." It costs nothing to ask.

Best of luck.

Hi Ken and Dr. Greg,

Thanks very much for your input.

I had a talk with the FAO and she agreed not to cancel anything for at least two months. In the meantime, I have also found another position, so things are quite okay.

Thanks again.