Question

Asked by SINOFAGUO | Nov. 24, 2019 22:51

About:China Visa

Work visa / Spouse visa / Residences permit renewal dilema

Hi, I am JO. I was forced to resign from my company last month and got my work permit cancelled since it is linked with the company but my residences permit is still valid for another 2 months. Despite intense search I haven't been able to find a new job yet and I need to consider my residence permit renewal.

My wife is Chinese so I may apply for a spouse visa but this visa will not allow me to work and also I am based in Guangzhou now but my wife is from Ningbo and all her documents (Hukou, insurance, registration etc.) are still there which might be a challenge. Also if I get a Residences permit based on spouse visa will I be able to convert it back easily to a work visa/permit after I find a potential employer? Would it be necessary to find exit China?

Another option I was thinking is the permanent green card. I have been married for 8 years now and lived/worked consecutively in China for more than 5 years from 2011 to 2016 but I left to Macao then France in 2017-2018 and just returned to China this year January so I do not know wherer I can apply for it...

I would appreciate your suggestion/assistance based on my situation.

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Answers (3)

Answered by John Doe | Nov. 26, 2019 11:31

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Family-based residence permit is usually tied to the hukou of your significant other so the processing will most likely be done in Ningbo rather than Guangzhou. Permanent residence is now out of the question as everytime you change to a new type of residence permit, your total period of residency that counts toward permanent residence will reset to zero (at least this is the case in Beijing), not to mention that there is already a years-long backlog of applications through family reunification (the employment-based application is shorter but may still take up to a year and half).

If you are already in China on a family-based residence permit then local EEAs do have the discretion of issuing a employment-based residence permit on the spot (of course all employer petitions will have to be done from scratch and the points recalculated), however this is done on a case-to-case basis. Technically speaking there is no way to tell if it's "easy" or "hard" to push a petition through as it depends on a variety of factors, including the connections your potential employer has.

Also at least in Beijing you are supposed to change your residence permit to a family-based one within 10 business days of leaving your old job (or get a 30-day exit visa so you can leave the country in a month), or the EEA may use this against you and potentially calculate this as unlawful residence. Not sure whether this is the case in Guangzhou, though.

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Answered by Sinogaguo | Nov. 26, 2019 18:21

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Thank you very much John Doe!
I will have to plan a trip to Ningbo as soon as possible but that probably won’t be possible prior next week due to other commitment here in Guangzhou.

You mentioned that the family residence permit should be applied within 10 days of leaving the old job but my HR told me they would not cancel my working residence permit in order for me to be able to stay over and travel within China until it’s expiration or renewal through new company employment.
Anyhow the 10 business days are well overdue since I resigned almost 2 month ago while my residence permit is still valid for another 2 month.

Should I expect any complication due to this situation?
Also which documents do I need to prepare for the family residence permit application in Ningbo?

Thanks again

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Answered by John Doe | Nov. 27, 2019 10:48

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If you have a good relationship with your previous employer then don't worry too much about it. When asked just say that you still work there but is planning to quit (you technically still do). I forgot to mention that if Guangzhou has a residence permit system for Chinese nationals like Beijing does then you may be able to finish your application in Guangzhou on the ground of your wife's residence permit if the EEA there allows it, so be sure to run this by them before you leave for Ningbo.

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