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where can an employer cancel a work visa?
Posted by: chinalog chinalog's Posts
Post time: 20-Jan-2010  8:16
Business, Passport & Visa

 If an employee leaves a job and is on a Z visa, can the employer cancel her  work permit? My reading of the posts is that the answer is yes. I was wondering where would the employer go and also, is the employer "required" to do so by law or regulations or just that an employer may do so because it wants to?

 

I also assume that her visa, which is in her passport, cannot  be cancelled by the employer?

 

Thanks for any responses.

 

 

[Last edited by chinalog on 6-Sept-2010  9:37]

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Post by: teacher098  Time: 29-Aug-2010  17:42
I wish I had some good advice for you...but your post has raised some interesting questions.
Can you tell me more about your last questions? I have quit my teaching job and my school is telling me that they are going to "cancel my visa" on Wed, Sept 1st. My flight home is on sept 11th. Can they do this? I am not at the school and they dont have my passport.
thanks....
Post by: Aimee Groo ...  Time: 30-Aug-2010  9:48
Hi teacher098

As long as you don't hand over your passport you should be fine. They can still go down to the PSB and try to cancel it without your passport but its a complicated process that is a big hassle for them and unless there's some real bad blood between you, I doubt they'll bother - especially seeing as you're flying out 10 days later. I believe also that even if your visa is canceled, the PSB still give you a 10 day grace period /tourist visa to get your stuff together and leave the country.

If you do decide to stick around for longer its probably a good idea to get yourself switched onto a tourist visa. You can check with any visa agency to find about how to do this.

Good luck!

Post by: drnofear  Time: 30-Aug-2010  14:26
hi i got z visa from 1 school and another school offered me high salary i want to go with them so can old school cancel my visa or can he put me in black list?can they cancel my visa without my passport?
Post by: Forum Edit ...  Time: 31-Aug-2010  12:01
This is a complicated one because it involves a lot of face for the school and they can use their guanxi to make life difficult for you.

As far as I understand, if you have already started working for them and have you got your residents permit in your passport then yes, they can (and probably will) cancel your work permit which they can do without your passport. However it is difficult and costly (but not impossible) to cancel your resident's permit without it and it's unlikely they'll bother unless you've really pissed them off.

With a current resident's permit, your new employer should be able to just reapply for a new work permit for you--though to get this you will need a release letter from your old employer (they are obliged to give this to you though they may try to withhold it out of spite if the relationship has soured).

I would advise going to the PSB within 10 days of quitting the school and informing them of the changes as well.

If you are really having trouble getting the release form or your school does manage to cancel your resident's permit, you'll need to leave the country (Hong Kong is good enough) and re-apply all over again. As long as you have all the correct documentation from your new school, you shouldn't have any problems.

Here are some threads on esl forums that give teaching/schools specific advice and experiences that you may find informative:

http://z-visa.com/faq_eslteachers.htm

http://www.eslteachersboard.com/cgi-bin/forum/index.pl?read=62881