Editor's Note: The following article, which was pieced together by details posted on China News Web, outlines the current measures related to foreign employees in China that were decided by the 27th session of the 11th National People's Congress Standing Committee. After several deliberations, the standing committee decided that it was time to cut through the red tape and do something about all those job grabbing, language and culture class taking illegal foreigners. But foreign employees aren't the only ones who should be aware: companies who hire foreigners can suffer too and receive major financial or legal blows in the forms of fees and prison time. This is the first overhaul of Chinese immigration laws since 1986 and promises to include some of the most severe punishments for unwelcome foreigners to date. But don't panic just yet, these provisions won't go into effect until July 2013, plenty of time to think about getting legal and paying a visit to your local embassy, police station, or public safety bureau.
Source: fcpablog.com
Watch out! New measures for foreign employees
On June 30, a decision was made at the 27th session of the 11th National People's Congress Standing Committee to change the length of foreigner work permits. The current shortest time for non-employment residence permits has been shortened from 180 days to 90 days. Additionally, more extreme punishments for people who “accidentally” overstay their welcome face fees of up to 10,000 RMB (up 5,000 RMB from the original fee) or 5-15 days imprisonment. Employers of illegal foreign employees can also face similar charges (10,000-100,000 RMB for every illegal employee and imprisonment). How severe or thoroughly these laws will be carried out isn't too clear, but better be safe than sorry. So those of you who are still working on your student visas from 1999, it's time to stop partying like its 1999 and start getting legal like its 2013!
Who should be worried?
These measures will go into effect starting July 1 2013, giving you a heap of time to think of which school you've been studying Chinese at for the past 5 years. According to stated rules, regular non-employment visas shall be issued and regulated by the State Council. The Ministry of Foreign Affairs is currently responsible for issuing visas and keeping tabs on foreigners. But the system was so spread out over so many areas, that the state council decided it was time to get serious, and what time would be better than following the 100 day crackdown. Foreigners who plan on entering the country to work should plan on following the legal guidelines to obtain a worker's license and residency permit, so head on over to your local “alien examination” bureau today. All work units and individual employers are not allowed to employ foreigners without both of these items. The good news is that a new “talent” visa system will be open to foreign talent entering China. So what if you haven't played piano since 3rd grade, you've been meaning to get back into the music scene anyway, right? Or better yet, try to become the next big thing on Chinese television, like Da Shan or Cao Cao.
Long-term residency, talented foreigners and witch hunts
This law is related to the issue of whether foreigners who work or perform some other service that contributes to the development of China should, with the correct applications and approval of the Ministry of Public Security, obtain permanent or long-term residency status. So even if you have helped to build 100 orphanages, are the best English teacher in China, or are the funniest token “lao wai” on television, it may be wise to get the legal chops to back up your achievements.
According to current legal regulations, the Public Security administration and other national security authorities can restrict foreign companies or individuals from obtaining residency status and can restrict the movement of those companies and individuals who already have residency permits. Thinking about riding a gallant steed through the grasslands of Mongolia for your next holiday? Not without the correct authority's permission. Those companies who hire foreign employees and those schools who admit international study abroad students are very much encouraged to follow current regulations and report their actions to the correct authorities. Citizens have also been encouraged to “report clues” of any illegal aliens they may suspect. While we sincerely hope that this 100-day crackdown does not turn into the Salem/China witch trials of 2012, we do encourage you to get your paper work in order and adhere to Chinese law.
Oh no, you didn't?! Consequences for illegal residency
According to the current law, those foreigners who are working and do not adhere to the proper guidelines, or are in some other way in direct violation of the residency regulations can be expelled from the country at any time. While these actions do not constitute any type of serious criminal title, the consequences are serious. All decisions by the Ministry of Public Security are final, including those decisions to deport foreigners. Those foreigners, who are expelled from China, cannot enter the country 10 years after the original deportation date.
Furthermore, these laws also extend towards the entrance and exit of foreigners within border areas with other nations. Entrance and exit to these bordering nations are only allowed with the approval of the Ministry of the State Council and bordering nations' adjacent public safety authorities. Counties and autonomous areas of other nations can refer to public safety, visa, transit, and other related laws of China in terms of foreigner travel between the two countries. So, if your main strategy was to keep renewing your tourist visa at the border every few months or year, it may be time to start rethinking that strategy. Kazakhstan may not be there for you in the end, and we doubt North Korea will be of much help either.
Source: chinanews.com
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Keywords: New visa laws China new laws for foreign workers China new entry-exit laws China 2012
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I have been married and living in China 4 years I have a 1 year resident visa and was told when I am 60 I can apply for a 2 year resident visa I am not a Chinese national so will abide by their laws so I can live with my wife in her country The reason I am here is because of archaic laws in my home country so if you people don't like the way it is here then go home and stop bitching otherwise obey the laws however odd or hard to understand they are
Jul 03, 2013 23:05 Report Abuse
Maybe they just like to keep us all confused about who is right and who is wrong, feeding each other duff information. China bureau's seem to do as they like sort of, if your face fits attitude. I've been here [6] years and just been informed that I can only have a 6 month visa. Married have an apartment and work long hours like most. Maybe a shake up coming. Personally I not prepared to beg for any visa, and my wife will be left flying solo, simple because she does not want to reside in the UK, Ireland, France or anywhere in the west. Seems to me China likes to reap the benifits and give little or nothing in return.
Nov 02, 2012 00:30 Report Abuse
Do the Chinese authorities shoot a person dead when a would be illegal immigrant retreats over the border to a neighbouring country?
Jul 16, 2012 15:05 Report Abuse
I feel the rest of the world must wake up....china is no paradise for foreigners and for legal and illegal Chinese immigrants alike globally., the rest of the world should create "a living hell" for them. Why can chinese students abroad take part-time jobs legally but other nationals cant do the same here? Go to Ghana, Nigeria, Uk, I have met scores...yet none is constantly abused and harassed as for other immigrants in china. I'm only thankful that corruption has become a pandemic here and culminating in lack of rigid implementation of some of these laws. When can globalization take deeper meaning in china?
Jul 11, 2012 21:03 Report Abuse
China is not an immigrant country. If you are planning to stay here forever, be ready for surprises. Dont put your eggs in one basket. There are many things you can learn from here and become instant millionaire when you get back to Africa: sawmill, fishing, furniture making, restaurant, woodwork,ping pong, to mention but a few. Better read the hand writing on the wall.
Jul 11, 2012 08:00 Report Abuse
i love you what you have writing . lets go back home and make good use of what we have learned here in china .THERE IS NO PLACE LIKE AFRICA! HOME IS HOME!
Nov 10, 2012 19:17 Report Abuse
being married means you get a really long L visa. so its fine if you have an internet business out side the country, or if your wife has a business inside the country and can support you without you doing anything inside the country.
Jun 06, 2013 23:38 Report Abuse
what has Africans done wrong to you people . Are there no other national into crime in china? YOU KEEP WRITING BULLSIT ABOUT US WHY! you can not stop us we are moving in the world and making it to the top.
Nov 10, 2012 19:05 Report Abuse
Just a quick note about your article and post is a case in point about visa status and working on the side or at your chosen profession and contract arrangement of your employer. A friend of mine in Chengdu was hired to work at a restaurant as a type of manager and occasionally would perform on stage with the band. Even though she worked for the restaurant legally it was outside of her contract obligations and visa type to be a performer and the restaurant could be fined and she could be deported if reported. Another quick case was an engineer I knew said he had been reported for showing someone how to run a machine "by operating it" and not "explaining it". So in this case, just like our unions in America, you can "tell them how to do it" but not "do" the work. Technically any work you perform outside of your visa and employer contract "which is filed with the government and ok'd" is illegal. This is how they protect the homeland jobs and each employer must prove “a need or otherwise vacancy of talent" to fill the position with a foreigner. There was an inspector who would come and check the restaurant periodically to check on the workers and what they were doing (I think he called ahead or had a schedule for a free meal or something so they knew before hand). Therefore legally we can only do one job (technically) until someone complains. Much like the sidewalk salesmen today the police tell them to go and tomorrow they come right back again (as long as the money flows and no one complains) it is ok in China (even though the government collects no taxes from them). You are right and even in our own country’s the government’s main concern is tax money. Government is a business. Hence why we have to purchase a Z-visa just to change to a resident visa (and pay again) and why we must leave mainland China to go to Hong Kong China to renew our visa (duh).Why? Because, they said so. They will soon have higher unemployment (than they will admit to) for graduates who cannot find high skilled, higher paying jobs in a booming economy. So this is a step to free up some of the jobs and show some action beforehand. Just a reflection of my two cents worth. By the way good topic and great post.
Apr 22, 2013 01:49 Report Abuse
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