Draft law to crack down on illegal foreign nationals in China

[liuzhou]

Draft law to crack down on illegal foreign nationals in China

I actually thought this was already the law. Why would they need a new draft law, when all they have to do is enforce the ones they already have?

But if it is true that "In 2011, the police discovered some 20,000 foreign nationals illegally residing in the nation, who were sent back to their home countries" then I can see why they might want to get tougher.

Is the crackdown really coming this time?

[msittig]

One article I read on this topic said that most of the "sent back" illegal foreigners were south-east Asians living on/near the border, probably involved in smuggling or drugs. Recently in Shanghai there was a crackdown on foreigners working (teaching English) on non-working visas, but I'd guess that the upcoming crackdown will still concentrate on the former rather than the latter.

[liuzhou]

I think you are probably right, msittig. We get a lot of Vietnamese illegals here in Guangxi. But as China's economy continues to grow, I do think the overall employment situation for western foreigners will also change and they will become more strict. Which I have no problem with.

That said, I first heard about Shanghai deporting illegal foreign English teachers and fining the schools (and shutting some down) more than ten years ago.

[icebear]

That said, I first heard about Shanghai deporting illegal foreign English teachers and fining the schools (and shutting some down) more than ten years ago.

I think such laws give a lot of leeway in enforcement to locals - thus, local authorities may occasionally decide a crackdown is in order, perhaps to generate some fines. Kind of like the red-light hairdressers who operate regularly but every once in awhile are shut down for a week or two. I'm skeptical that it would escalate to a coordinated, nationwide crackdown, as it probably isn't an issue worth pursuing in many places, relative to other law enforcement concerns. (Also, like the red-light crackdowns, its bad for business.)

[imron]

On first glance I read that title as "Daft law to crack down on illegal foreign nationals in China"

[BigDave]

The article actually says;

"At present, foreign nationals are subject to a fine of 5,000 yuan (US$795) for illegal residence and 10,000 yuan (US$1,590) for illegal entry, plus a 10-day detention. Those illegally working in the country may be fined 1,000 yuan (US$159) and may be expelled from the country under grave circumstances."

So assuming that entry and residence were on legal visas then you could expect to be fined 1,000 yuan and possible deportation for working on a tourist or student visa.

Doesn't sound too draconian since deportation isn't mandatory...

Dave

[liuzhou]

I think such laws give a lot of leeway in enforcement to locals

No. In legal terms they give no leeway.

In practice local (and national) authorities do what they like or don't do what they like. This is called "operating under the principle of law" and includes imprisoning defence lawyers for the temerity to defend obvious criminals, defending thugs who illegally detain people, and ignoring every and any law from stupid laowai overstaying their visas to deliberate murder - in the interests of "operating under the the principle of law" or protecting the party as it is usually abbreviated.

[chinadude2006]

So assuming that entry and residence were on legal visas then you could expect to be fined 1,000 yuan and possible deportation for working on a tourist or student visa.

Yeah, but in the article foreigners working on a student or tourist visa can also be "expelled from the country under grave circumstances" - sounds like they will beat you, then deport you.

[roddy]

Foreign students who work beyond the scope or time limit of their permit will also be considered offenders.

Wonder if we might actually get a decent 'foreign students may work up to X hours' ruling.

[liuzhou]

BBC News - Beijing launches crackdown on illegal foreigners

Beijing authorities have launched a 100-day crackdown on foreigners who stay or work in the city illegally.

[msittig]

Coming back to eat my words. It looks like the current crackdown is also finding targets in Beijing and Shanghai.

[roddy]

I would separate out this new law, which won't even have come into effect yet, and the crackdown prompted by that tracksuited knucklehead.