On July 17, China introduced 12 new entry-exit measures to make the immigration process easier for certain types of applicants, which you can learn more about by clicking the link above.
But apart from this news, what other immigration issues should foreigners be particularly aware of when moving to and living in China?
Below are three examples of cases that border patrol officers hope to bring to the attention of foreign travelers and visa applicants.
Case 1
Q: I want to come to China on an L visa and work as a foreign teacher in a language training institution so I can make a decent living and start traveling all over the country. Is this possible?
A: No! Employment in China, requires all foreign professionals to apply for and enter with a Z visa in order to obtain a work permit and a residence permit for work.
According to Article 43 of the Exit-Entry Administration Law of the People's Republic of China:
Foreigners who commit any of the following acts shall be regarded as illegal:
(1) Working in China without a work permit or a work-type residence permit as required;
(2) Working in China past the expiration date of his or her work permit;
(3) Foreign students working in China beyond the prescribed job scope or time limit, which violates administrative regulations of the work-study program.
Case 2
Q: If I enter Mainland China with a one-time valid Chinese visa and then leave Shenzhen to go to Hong Kong, can I return to Shenzhen again?
A: No! Leaving mainland China to travel to Hong Kong or Macao counts as one exit, which will then render your visa invalid upon your return to the mainland. If you would like to come back to Shenzhen or any other city from a territory like Hong Kong, you will need to apply for a new Chinese visa.
This is in accordance with the one country, two systems which considers Hong Kong and Macao as special administrative regions and stipulates that both regions have control over their own immigration policies operating outside of mainland China.
Case 3
Q: I took my child with me to travel to China, but found that he had overstayed his visa when I went abroad. Hes still quite young Can his parents get away with it exceptionally?
A: No! Guardians are responsible to look after foreigners under the age of 16. Should they be in China illegally, those guardians will be facing necessary consequences. If a guardian helps a minor evade border inspection, it will be deemed an illegal exit and their assistance will be subject to charge.
According to Article 78 of the Exit-Entry Administration Law of the People's Republic of China:
Foreigners who reside illegally are to be given a warning. If the circumstances are serious, he/she shall be fined RMB 500 per day overstayed, with the total amount not exceeding RMB 10,000, or facing detention for 5-15 days.
If a foreigner under the age of 16 is living illegally in China because his/her guardian or other people responsible for guardianship has failed to fulfill their obligation, the guardian shall be given a warning and may be fined up to RMB 1,000.
Source: National Immigration Administration
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