contract issues

Posted by msnglnk (507 days ago)

i was working as an english teacher for a orginization in shanghai. they helped me obtain a FEC (foriegn experts certificate) and a Z visa (work permit). but i learned that my visa was illegally obtained by my employer. meaning they forged legal documents in order to get me a visa. meaning they forged a "letter of employment", from a prevous employer, to give to the clinic that performs physicals for xpats needing residency permits ect... so the clinic can issue a document to give the psb so the psb can issue my Z visa.

the problem i need assistance with is; my employer withheld my FEC as leverage in case i broke or breeched the contract we had. which i did by terminating my employ prematurely and under the contractual agreement i must pay 7000rmb penalty under contract. and so they will not return my FEC to me until i pay this penalty.

correct me if i am wrong; if a visa is fraudulently obtained doens't that nullify any contract that involves a visa? meaning that i can not be made liable for anything agreed upon in the contract?

(I am based in Shanghai)

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Posted by douglaskoh (506 days ago)

What so great about holding on to the original copy of your FEC?

Coming back on the forged "letter of employment". Running through the facts again, it may not be relevant. The forged document is not presented to the PSB. The documents presented to the PSB are all real. The medical report was generated because you passed medical examinations, not because of the forged document.

You should be more worried if your employer tells the PSB that they are no longer sponsoring your visa.

(I am based in Guangzhou)

Posted by msnglnk (506 days ago)

my former employer isn't sponsoring my visa. they forged "the letter of employment" of my employer before them. and i have contacted them (the former former employer) about this issue and they got my back.

(I am based in Shanghai)

Posted by douglaskoh (506 days ago)

Do you mean the paperwork to the PSB is also forged? They even forged the company stamp in your application? Where did they get the company stamp?

(I am based in Guangzhou)

Posted by msnglnk (505 days ago)

that i don't know. anyhow, don't i need the fec to change my visa? my new employer wants to change my visa. i need to present the fec to the psb to do this right?

(I am based in Shanghai)

Posted by douglaskoh (505 days ago)

I believe the application is a completely new one. Just tell them you got a new job.

(I am based in Guangzhou)

Posted by msnglnk (505 days ago)

are you saying that just because they gave the clinic a forged letter of employment; they still could have applied for my visa and/or fec under their sponsorship?

as far as cancelling my visa...i don't think they will or have. under the contract i must pay them a pretty large penalty for early termination. if they cancel my visa they can kiss that money goodbye.

will the psb notify me of a visa cancelation? i am registered with the local police station.

(I am based in Shanghai)

Posted by douglaskoh (504 days ago)

You can choose to listen to hard facts or continue to with what you think.

If you don't know what documents your ex-employee had given to PSB, please do not jump to any conclusion. The clinic is not part of the government. Any forged document given to them does not really matter. It is the documents that is given to PSB that matters. Your medical report issued by the clinic is based on medical examinations. You didn't pass the examinations based on the forged letter, did you? So, why don't you have an open mind. If you don't even know what documents are presented to PSB, you cannot jump into conclusion that the application is irregular. In fact, you better hope that they are not all not forged. Otherwise, you may be implicated as well.

I believe you have already walked out from the contract. As you may be aware, the advice given from myself and other members of this forum is you should keep a low profile and walk out without creating a scene. Don't provoke anyone. Chances are your ex-employer is not going to do anything including canceling your visa. However, legally, your case is weak. You can find a million excuse to comfort yourself but the truth is excuses are at best excuses. If you keep a low profile, your ex-employer is not likely to go through the trouble.

PSB will not notify you anything. It is your responsibility to ensure that you have a valid visa.

(I am based in Guangzhou)