Recently, the Shenzhen Entry and Exit Bureau issued a public notice to state that they are cracking down on “three-illegal” (sanfei) foreigners, or those who enter, work or reside in China without valid paperwork. The management and inspection of foreigners' work permits and visas have been stricter than before. It’s necessary to know about the Chinese regulations and punishments on the “three illegal” foreigners.
In 2018, authorities punished 121,000 foreigners for illegally entering, staying or working in China, up 12 percent year-on-year, according to the Legal Daily.
What are "three illegals"
Illegal Entry 非法入境
A foreigner who does not have a valid entry visa or a valid entry certificate issued by the competent Chinese authorities, or who has not entered the country through China's territory at a designated port, or who has entered the territory of the People's Republic of China without being checked by a frontier inspection post, shall be deemed to have committed an offence.
Illegal Residence 非法居留
Refers to the illegal act of a foreigner staying in China who has not applied for a visa or residence permit during the valid stay period stipulated by the visa or residence permit.
Illegal Employment 非法就业
Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations. Illegal employment for survival will inevitably affect the labor market and the employment environment. At the same time, this may lead to increased crime and seriously disturb the stability of the social order.
Legislative measures on “three illegals” 法律措施
In accordance with the provisions of articles 40 of the Exit and Entry Administration Law of the People's Republic of China, foreigners who are illegal entry in China will face with a fine of 1000rmb—10,000rmb or a detention of 3—10 days and will be ordered to leave China within a definite time or be exported. On serious circumstances, criminal liability will be investigated if a crime is constituted.
In accordance with the provisions of articles 40 of the Exit and Entry Administration Law of the People's Republic of China, foreigner who confirm illegal residence in China will get a warning or be fined 500rmb/day with illegal residence (5000rmb max in total); or face with a detention of 3—10 days. On serious circumstances, he/she can be ordered to leave China within a definite time.
In accordance with the provisions of articles 44 of the Exit and Entry Administration Law of the People's Republic of China, foreigner who work in China without obtaining work permits will be ordered to terminate the employment and face with a fine up to 1000rmb; On serious circumstances, he/she will be ordered to leave China within a definite time.
Employers or agencies who illegally hire foreigners will be fined 5,000rmb—50,000rmb and ordered to bear all the expenditures on repatriating the illegally hired foreigner.
Types of China Visas 签证类型
Tourist (L) Issued to foreigners who are going to PRC for tourism.
Business (M) Issued to foreigners who are going to PRC for business and trade activities.
Student (X1, X2) Issued to foreigners who are going for study, furthering studies.
Work (Z) Issued to foreigners who are going for a post or employment. The only category of visa that permits foreign nationals to work is a ‘Z’ visa (with associated work permit).
Transit (G) Issued to foreigners who are going to a third country in transit of PRC.
Private Visit (S) Issued to family members of foreigners residing in China for work, study, etc.
Family Reunion (Q) Issued to relatives of Chinese citizens or foreigners with permanent residence permit residing in PRC.
Noncommercial Visit (F) Issued to foreigners who are invited to a lecture, scientific-technological & cultural exchanges, study tours, etc.
Talent (R) Issued to high-level personnel and much-needed highly talented people.
Crew (C) Issued to crewmembers involving international-based transportation by trains, airway and ships and their accompanying family members.
Resident (D) Issued to foreigners who are going to reside permanently in PRC.
Journalist (J1, J2) Issued to foreign journalists for the purpose of reporting from PRC.
In addition, to further improve the issuance and inspection efficiency of foreigners' visas and residence permits, and increase the security features of certificates, the National Immigration Administration decided to issue the new version of three kinds of certificates, including foreigners' visas, group visas, and foreigner residence permits, starting from June 1st, 2019. Click the link below to know more: