Every beginning of the year, the Chinese government makes many new plans and issues new policies and rules to improve its management. The immigration bureau issued many new policies this year, which aim to quicken the China talent visa (R Visa) approval, reduce the requirements needed to apply for a China permanent residence and improve the work permit system by simplifying the application process (even though it is still very complicated).
The government is taking steps to simplify all the application processes however, as a result the management and inspection of foreigners’ work permits and visas has become a lot stricter than before.
Shenzhen started to implement a new policy on May 13th to encourage people to report “Three-Illegals”(三非外国人), referring to foreigners who have committed one or moreof three main illegal activities in exchange for a monetary reward from the police.
The “Three-Illegals” refer to the following three illegal activities:
1. Illegal residence: People who have an illegal visa (expired visa or no visa)
2. Illegal work: People who work here without a work permit or a wrong work permit
3. Illegal entry: People who enter China without any legal documents or didn’t enter through a legal Chinese port of entry
The punishment for the “Three-illegal” foreigners in China?
Here is an example
(This example is from the police news):
Miss Zhang hires a foreign housekeeper (say her name is Lisa) through a housekeeping service company, Lisa doesn’t have a legal visa, what’ll be the punishment for Miss Zhang, Lisa and the housekeeping service company?
To Miss Zhang, an employer who hires a foreigner illegally, based on the Chinese immigration law will be detained for 5-15 days, with a fine of RMB 5,000 –20,000
To the housekeeping service company, will pay a fine of RMB 5,000 per each illegal person they have introduced to an employer, the representative or people who are in charge of the business will be imprisoned for 2-7 years and will have to pay a fine, if it is a case of gross violation, it will be life imprisonment
To Lisa, illegal entry, based on the China immigration law will be detained for 5-10 days and will have to pay a fine of RMB 2,000 –10,000
For anyone who is working illegally, in accordance with the Chinese immigration law, you are subject to being detained for 5-15 days and will have to pay a fine of RMB 5,000 – 20,000
This is a very serious situation and we suggest that you always apply for the right work permit and work visa.
Shanghai will also increase the inspection and checking of foreigners and their work permits, apart from the “Three-illegal” foreigners, the below situations will also be monitored more severely:
1. Working in Shanghai while holding a tourist, business or student visa
2. Working with a work permit issued by A company but working in B company
3. Working before having obtained your work permit (if you are in the process of applying for a Chinese work permit, please DO NOT start to work before you have received it)
We have been receiving much news from people as well as several reports from the immigration bureau that confirm the number of cases that have already occurred. We urge the people who want to work in China to apply for a work permit and work visa within the recommended time, and do make sure that you apply for the work permit for the exact position you wish to hold in the future.