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Q: 'Five year rule', Henan.
I arrived in china April 2011 an Zhengzhou from 2012. I have been told I would have to leave this year then I was told it would be next year. Leaving seems harsh, I was hoping to be able to move province... Any up to date information regarding the 'five year rule' would be appreciated.
Thanks in advance
8 years 7 weeks ago in Visa & Legalities - China
Dial Henan SAFEA about it and update the Board with news, pls!
Henan Provincial Administration of Foreign Expert Affairs
Add: jinshui Rd.39,Zhengzhou city, Henan province
Tel: 086-371-66371379
Fax: 086-371-66366102
Email: hnswzj@126.com
icnif77:
As it looks, 5-years limit is about 5-y RPermit, and not as limit on extending RP.
http://lawandborder.com/faq-new-china-visa-law/#4_What_is_the_duration_of_stay_for_the_new_visa_classifications_andresidence_permits
4. What is the duration of stay for the new visa classifications and residence permits?
Stay certificates and “short-term” visas will be issued for a maximum stay of 180 days. (EEAL, art. 34; State Council regs, art. 36(4)).
An employment-type residence permit may be issued valid for 90 days to 5 years. (EEAL, art. 30). In contrast, a residence permit issued other than for employment may be issued valid for 180 days to five years. (EEAL, art. 30).
http://www.visainchina.com/visa2.htm
Notice 1: From 1st July 2015, if you have applied twice working visa continuously in shanghai for over 2 years, and haven't violated any immigration laws and local regulations, and then we can help you apply the 5-years residence permit instead of 1-year. (If you want to try with the 5-years option, please mentioned it clearly when you submit your application to us, because the service charge and the paperwork is different and for 5 years application, you need to show up with us to have a small interview, we also need to arrange it for you in advance)
Notice 2: 5-years residence permit service is not 100% guarantee (according to our experience, it's less than 20% success rate), the immigration office will make the final decision, if the government denies your application (for example, your company register capital is too small or some other reasons), you will get 1 year residence permit automatically, and we will charge the 1 year fee then.
Notice 3: Even you got the 5-years residence permit; you still need to renew the working permit every year. But anyway, it's really a big improvement, you can save a lot of visa cost and you don't need to worry about the visa expiring every year.
Notice 4: Even you got the 5-years residence permit, if you switch job, you need to give up your current 5-years residence permit and re-apply a new working permit and new residence permit through the new company, If you don't do that, it will be counted as illegal employment and you will face a huge penalty.
They simply look at the last entry stamp. So take a short trip to Hong Kong. God bless you for being able to survive Zhengzhou for so long (never been there but I heard horror stories from Chinese and expats).
icnif77:
ZZ is beautiful. 
Water parks and Metro 
.
I've never looked closely at that 5-years thingy. Does that mean, if FT didn't exit China in 5-years?
@icnif77, Each year I apply for a new RP. I have been told as I have now been in China 5 years I have to leave China for at least 6 months. My current employer said I was good till next year, so is it 5 yrs in Henan?.
I had a Chinese friend call SAFEA yesterday. The person they spoke to could not answer the question nor transfer the call, they suggested going to see SAEEA with my employer which is a joke, I just want to know if I have to leave China or maybe move province...
Also an agent trying to find me work said a uni in Henan said they couldnt offer me a job as having reached 5 years I have to leave China end of my contract this year....
icnif77:
I called the same no. (Provincial SAFEA) for different matter last May or June, and got prompt (48 hours) resolution of my problem. There was Chinese agent with fluent English answering my call.
I read here (I think!) about that 5-years limit/mandatory exit, but I can't find anything on web about it.
Shining_brow:
It'll be a provincial thing - and maybe even at city level.
Some will enforce it, others won't.
How about going home for vacation and returning with a new passport ?
@icnif77, Im also having a problem finding anything. @Shining_brow I dont mind moving province, just need to know its ok to do it
@Scandinavia, id rather not ;)
your fec certificate for teaching english is only good for 5 years, engineers, consultants no limit, but english teacher 5 years. you change provinces and get a new 5 year fec book and then move back. my 5 year cancelled in shandong last summer, i used an agent in another province and worked on the visa in shandong and got a new book for the other province, next summer i will give a release letter through the agent and supposedly move back to shandong, never left and start a new book for 5 years. its a crazy rule and in some small cities where they cant get teachers they will renew the book beyond 5 years but usually the big cities enforce the rule. we had a teacher that came from zibo shandong that had his fec renewed for 9 years there from africa, but jinan said no for his new school so he used an agent from another province.
i had a friend teach 4 years in jinan, move to dalian got a new 5 year book there, stayed in dalian 2 years, came back to a university in jinan, got a new 5 year book and started over again last summer, been here 7 years and has 4 left on his current fec book.. its a national law supposedly but the provinces dont share the information with each other, not surprised, probably still use windows xp from the last century for the computer system, change your bank account for a national bank and move provinces and you have to withdraw all your funds and open a new account in the new province. linked national networks in china for anything is a fairy tale.
the fec certificate is the problem, the resident permit you could get from being married or any other visa to be here long term, the work visa will not be approved by the psb without a current valid FEC certificate, ( this is the 5 year problem).
sometimes they will say we want new teaching ideas and teachers to have more training after 5 years, so leave and come back,
some say they dont want teachers staying at a university too long and getting annual raises and raising the labor cost too much.
some have told me now if you get a new passport and try to come in again they have a question on the visa "have you ever worked in china before" to stop people from returning for another 5 years, if you have a new passport number and arrival date they would not be able to pull your old visa record, but if you lie on the application that you have not been there before they can use it to deport you if they find out later, i have not been able to confirm if the question is indeed on the new work visa applications.
iWolf:
I have worked in the same company for 4 years. I get a brand new FEC book each year
ambivalentmace:
iwolf, wish that was true for me, would make things easier, in our fec book they just stamp a new renewal date on the next page in the old book, so the psb can see the years you have been here. maybe the schools can have a new book each year and they are too stupid to ask for it or to cheap to pay for it.
