On September 28th 2018, Police from of Ping’an Changyuan, Xinxiang City, Henan Province, issued a notice announcing the cancellation of residence permits for two foreign teachers.
According to the announcement, on September 25th in the same year, a kindergarten in Changyuan County requested the Entry-Exit Management to cancel the residence permits of the two foreign teachers.
It had been verified that the two foreign teachers were absent from work on September 3rd to September 25th, and moved out of their apartment.
The kindergarten contacted them, and both of them made it clear that they would not return to work.
The police released their personal information, including: name, nationality, date of birth, passport number, residence permit number, and the validity of the residence permit.
Both were Ugandan with residence permits valid until June 18th 2019.
It was also required that the two foreigners go through the formalities at the relevant entry and exit within ten days.
Otherwise, their residence permits would be declared invalid and all the legal consequences would be shouldered by them.
The legal provisions the police took were based on Article 33 & Article 67 of the Exit and Entry Administration Law of the People’s Republic of China, and Article 34 of Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners.
According to Article 33: The registered items of a foreign residence permit shall include name, sex, date of birth, reason for residence and duration of residence of the holder, date and place of issuance, passport number or other international travel documents number.
Where the registered item in a foreigner’s residence permit has changed, the holder shall, within 10 days from the date of change, at or above the county level in the place of residence for going through the formalities for alteration.
According to Article 67: In such cases that the exit/entry documents such as visas or foreigners’ stay or residence permits are damaged, lost or stolen, or that after the issuance of such documents, the holders are found not eligible for being issued such documents, the issuing authorities shall declare the aforesaid documents void.
Exit/entry documents which are forged, altered, obtained by fraudulent means or are declared void by issuing authorities shall be invalid.
According to Article 34: In one of the following circumstances, the visa, stay permit or residence permit held by a foreigner shall be declared null and void by the issuing authority:
1. His or her visa, stay permit or residence permit is lost, damaged, destroyed, stolen or robbed;
2. The time limit for his or her exit, repatriation or deportation from China has been decided, and his or her visa, stay permit or residence permit has not been confiscated or cancelled;
3. The original purpose of residence has been changed, but he or she fails to report to the exit and entry administration authority of the public security organ within the prescribed time limit and fails to do so even after the said organ has given a public notice thereon; or
4. Circumstances in which a visa or residence permit shall not be issued as prescribed by the provisions of Article 21 or Article 31 of the Exit and Entry Administration Law.
Where the issuing authority is to declare a visa, stay permit or residence permit null and void in accordance with law, it may do so on the spot or through a public notice.