China mulling stricter visa rules and shorter minimum stays for foreigners

A new law is currently being drafted that will shorten the minimum stay for foreigners who come to China to work to 90 days. Residence permits will range from 180 days to five years, reports Shanghai Daily:

For foreigners holding visas with a maximum stay of 180 days, the holders should hand in documents to government departments above county-level to apply for a longer stay.

The draft law also allows local governments of bordering regions to promulgate exit and entry regulations in line with agreements signed between China and neighboring countries.

The draft law was designed with the aim of curbing the illegal entry, stay and employment of foreigners and stipulating harsher punishments for people who enter or exit the country illegally.

Since foreigners need to go through screening again when they want their residency permits renewed, the new rule will raise the frequency of checks, legislators said.
…

As of the end of last year, there were about 220,000 foreigners legally working on China’s mainland, about 37 percent of the legal foreign residents. The number of foreign visitors to the country has been increasing by 10 percent each year since 2000.

The Ministry of Public Security said they seized more than 20,000 foreigners across the country last year who were illegally staying or working.

Here’s what experts interviewed by the SCMP said:

“By shortening the period a foreigner can stay in China, it is easier for the authorities to control foreigners here,” said Ong Yew-kim, a visiting professor at China University of Political Science and Law. “It will be easier for the authorities to send foreigners they don’t like out of the country.”
…

Liu Guofu , a law expert from the Beijing Institute of Technology, said the authorities were stepping up management of foreigners with the draft law, and stringent permit approval procedures might be introduced for foreigners deemed more prone to violating laws.

“But foreigners who are here for longer-term assignments can still apply for a longer permit provided that they have met the criteria.”

Liu said a foreigner needed to apply for a work visa first and then a residential certificate to be allowed to stay on the mainland.

The Shanghaiist

Well, if it helps rooting out the illegals, who am I to complain? No country likes foreigners coming to work illegally...but more stringent rules will definitely mean more bureaucracy and increased stampocracy....

You never hear about tougher penalties for people who employ the foreigners, I think that would help a lot. That is the problem everywhere for me, people who go to China (or Europe or America) to work illegally are usually already in a pretty deserate situation since they are prepared to commit a crime just to find a job so it makes less sense to punish them since if they can't get a legal work permit they are screwed whether they come or not
Employers on the other hand have a company in China which employs people so they can be given something to lose if the penalties for them become tough and they will lose their business by employing illegals

The laws are in place against the companies but laws don't matter much without enforcement.

A training centre I do some part time work for, has a floor in the most prominent Shopping Centre building in downtown Changsha. They run advertising campaigns every month in the Sheraton and Crown Plaza hotels. They only cater to the  upper-class of Changsha society. Half of the company is English training and the other half is visa procurement and university placement. Head office is in Beijing with branches here in Changsha, Guangzhou, Jinan and several other cities.

Not only do they not have a ticket to employ foreigners in Changsha, they don't have a license to do any business at all in Changsha. Payroll is all done normally as deposits, receipts for employees/customers, quality equipment, meeting rooms, offices, great teachers (but young), guest lecturers (foreign and Chinese) from well-known universities in and out of China. Everything looks and feels legit and posh.

The whole operation is technically illegal but this place isn't going away soon.

New China Law Targets Foreigners Working Illegally

China's national legislature adopted a new law Saturday that will target foreigners who are living and working in China illegally, the official Xinhua News Agency said, adding that the government encourages citizens to inform on suspected illegal workers.

The law approved by the National People's Congress Standing Committee now requires foreigners to obtain valid documents — including employment certificates — to work in China, Xinhua said.

It allows for employers to be fined 10,000 yuan ($1,580) for every foreigner they hire illegally, Xinhua said.

Authorities encourage Chinese citizens to report clues regarding foreigners who may work in China illegally and ask universities and language schools to share the employment information of their students, Xinhua said.

For at least a decade, foreigners on short-term visas have managed to live and work in China for extended periods of time by dashing to the border and renewing their temporary permits such as tourist visas repeatedly. Sometimes Chinese employers consider it a hassle to apply for work visas for their foreign workers.

Vice public security minister Yang Huanning was quoted in the Xinhua report as saying the number of foreigners working in China tripled in the last 11 years.

ABC News

10.000 is not much.

Well, that law just makes this shiny new Res permit and Z visa in my passport look so much nicer

...

My friend thinks that from next year uni teachers won't be able to work part time for lanuage schools. Is this true?

My friend thinks that from next year uni teachers won't be able to work part time for lanuage schools. Is this true?

They can't now.

You can only work part time if your visa sponsor contracts you out. Even if they know and are turning a blind eye, it's still illegal but many of us do it.

I jaywalk too.

China: New Exit-Entry Law Enacted by National People’s Congress
Posted on July 1, 2012 by Gary Chodorow


On June 30 the National People’s Congress Standing Committee enacted a new Exit-Entry Administration Law. This is the first overhall of China’s immigration law since 1986.

Xinhua News Agency reports that the overriding policy behind the law is to create harsher punishments for foreigners who illegally enter, live, or work in China.

The new law won’t take effect until July 1, 2013.

Here are my (very) preliminary impressions.

Key Provisions

Employer Sanctions: Employers may be fined 10,000 yuan ($1,574) for every foreigner illegally employed, up to a maximum of 100,000 yuan. Any monetary gain resulting from such employment will also be confiscated.

Residence Certificates: Foreigners’ work-related residence certificates will be valid for a minimum of 90 days and a maximum of five years. Non-work-related residence certificates will be valid for a minimum of 180 days and a maximum of five years.

Biometric Data: Foreigners applying for residence certificates must provide to the public security bureau (PSB) their fingerprints and “other biometric data.” In addition, the PSB and Ministry of Foreign Affairs may, with the State Council’s approval, promulgate regulations to collect such biometric data from persons exiting and entering the country.

Fines and Detention for Illegal Stay: Foreigners who illegally stay in the country may be given a warning before being fined. In severe cases, they will be fined no more than 10,000 yuan or detained for five to 15 days.

Voluntary Departure and Deportation: Foreigners who have violate China’s laws and regulations and are deemed “unsuitable” to stay will be given an exit deadline to depart voluntarily. Foreigners who commit “severe violations” that do not constitute crimes may be deported and not allowed to enter the country again for 10 years.

“Talent Introduction” Visa Category: The law for the fist time allows visas to be granted to foreign “talent,” but leaves further details to be set by agency regulations.

Green Cards: The law enshrines the current practice of granting permanent residence to foreigners. But the law remains at the highest level of generality, allowing permanent residence to be granted to foreigners who make “outstanding contributions” to China or “otherwise meet the requirements” for permanent residence as set by agency regulations. The law sets no targets or quotas for the number of green cards to be granted. By the end of 2011, just 4,752 foreigners had been granted green cards nationwide.

Restrictions on Residence and Work Locations of Foreigners: The Public Security Bureau and national security organs may restrict foreigners and foreign entities from establishing residences or workplaces in certain locations, if required for national security or public security. If already established, they may be given deadlines to relocate.

Refugees: For the first time, China’s domestic law reflects its obligations under the 1951 Refugee Convention and 1967 Protocol Relating to the Status of Refugees. Persons may apply for refugee status and remain in the country while being screened.

Reporting and Whistleblowing: Units or personnel employing foreigners or enrolling foreign students should report employment information to local police departments. Meanwhile, citizens are encouraged to “report clues” regarding foreigners who may be illegally living or working in China.

The NPC’s Deliberations

The draft law had three readings before the NPC since December 2011.

Yang Huanning, Vice-minister of Public Security reported to the NPC in April 2012 that the number of foreigners entering China “has been increasing by 10 percent annually since 2000.” He said that the number of foreigners employed in China rose from 74,000 in 2000 to 220,000 by the end of 2011, with many working as employees of foreign companies, teachers or representatives of foreign organizations.

The previoius law had failed to keep up with the rising trend of immigration. In particular, records systems are outdated. At present, the Ministry of Foreign Affairs is responsible for issuing visas. A foreigner’s information is then archived in different ministry’s files according to the purpose of a person’s visit. As a result, the current system is spread out across a number of agencies, making enforcement of visa regulations a difficult task.

One particular problem the new law tries to tackle, according to the Associated Press, is that for at least a decade, foreigners on short-term visas have managed to live and work in China for extended periods of time by dashing to the border and renewing their temporary permits, such as tourist visas, repeatedly.

Another problem the law addresses is companies that issue fake certificates or invitation letters to used by foreigners to obtain work visas on false pretenses. Such companies may be fined under the law.

Vice-minister Yang also reported that establishment of detention facilities for foreigners who have illegally entered or are illegally working in China is currently under consideration.


LawAndBorder.com