Exit and Entry Administration Law of China (Salient Points)

0

To our Kababayans in Fujian and Jiangxi:

The Philippine Consulate General in Xiamen would like to inform all Filipinos some of the salient points regarding the new Exit and Entry Administration Law of the People’s Republic of China, which was implemented on 01 July 2013.

  1. Introduction of New Visa Categories
  • Business visa for non-commercial purposes (F visa);
  • Business visa for commercial purposes (M visa);
  • Family visit (Q visa);
  • Highly skilled specialists/Talents visa (R visa);
  • Personal or individual affairs visa (S visa);
  1. Stay Permit vs. Residence Permit
  • Stay permit is issued to visiting foreigners who wish stay in China for less than 180 days.  Residence permit is issued to visiting foreigners who wish to stay in China for more than 180 days.
  1. Registration of Temporary Residence/Accommodation
  • Foreigners who stay in a hotel, the hotel shall be responsible in registering the foreigners’ residence at the local police station.  For foreigners who stay in residence other than hotels, the foreigners themselves or the person who accommodates them should register the foreigners’ residence at the local police within 24 hours upon arrival.
  • Foreigners with residence visa should register their residence immediately after they have been issued a new residence visa.
  • Foreigner who visits China for tourism purposes or visiting relatives or friends, registration at the local police should be done every time they enter China.
  1. Extension of Visas
  • Foreigners who are holders of residence working visas and wish to extend their duration of stay in China should apply for extension of visa 30 days prior to the expiry date of the visa.
  • Foreigners who are holders of stay permit visas (tourist visas) and wish to extend their duration of stay in China should submit their applicationseven days prior to the expiration date of visa.
  • Accumulated length of extension of visa shall not exceed the original duration of stay specified in the visa.
  1. Validity of Residence Visa
  • Work-related residence visa of foreigners shall be valid for a minimum of 90 days to maximum of five years while non-work-related residence visa shall be valid for a minimum of 180 days to maximum of five years.
  1. Capturing of Biometric Data
  • Foreigners requesting for a residence permit must submit themselves for fingerprinting and other biometric data capturing to the Public Security Bureau.
  1. Reasons for Denial of Issuance of Visas
  • Previous deportation;
  • Suffering from serious mental disorders, infectious tuberculosis or other infectious diseases that may severely jeopardize the public health;
  • May endanger China’s national security or interest, disrupt social and public order or engage in other illegal  or criminal activities;
  • Committed fraud in visa application or cannot guarantee expected expenditures during their stay in China;
  • Failure to submit relevant information required by the visa-issuing authorities; and
  • Other circumstances in which visa authorities consider a visa should not be issued.
  1. Denial for Foreigners to Exit or Leave China
  • Sentenced to criminal cases;
  • Involved in unsettled civil cases;
  • Currently paying off labor remuneration; and
  • Other circumstances as may be decided by competent authorities in accordance with the laws.
  1. Foreign Infants Born in China
  • The parents or agents of the child shall, within 60 days after the child was born, on the strength of the birth certificates, go through the formalities for stay or residence registration to the exit/entry administrations of the public security organ under the local peoples governments at or above the country level
  1. Deceased Foreigners
  • Relatives, guardians or agents of the decease foreigner shall, on the strength of the death certificate, report the death to the exit/entry administrations of the public security organ under the local peoples governments at or above the country level for the cancelation of the stay or residence permits issued.
  1. Visa Exemption
  • Exempted based on the visa exemption agreements signed by the Chinese government with the governments of other countries;
  • Holders of valid foreigner’s residence permits;
  • With connecting flights and are in transit to a third country or region by an international aircraft, ship or train via China, will stay for not more than 24 hours in China, without leaving the port of entry, or will stay in the specific zones approved by the State Council within the prescribed time limit; and
  • Other circumstances stipulated by the State Council in which visas may be exempted.
  1. Conversion of Visa to Another Type of Visa
  • The public security organ may change the foreigner’s entry visa to another type of visa provided that the foreigner submits the necessary documentary requirements to meet the purpose of the conversion of his original visa.
  1. Measures of Investigation and Repatriation
  • On-the-spot investigation.  Foreigners suspected of violating the regulations on exit/entry administration may be interrogated on-the-spot.
  • Continued interrogation.  Foreigners who are suspected of illegally exiting or entering China, suspected of assisting others in illegally exiting or entering China, suspected of illegally residing or working in China or suspected of endangering national security or interest, disrupting social or public order, or engaging in other illegal or criminal activities may be subjected to continued interrogation.
  • Detention for investigation.  Foreigners who cannot be cleared of suspicion after the on-the-spot interrogation or continued interrogation and therefore need to be further investigated; the foreigner may be detained for investigation.  The period of detention for investigation shall not exceed 30 days and for complicated cases, the period may be extended to 60 days upon approval of the public security organ.
  • Movement restriction.  When detention for foreigners is not applicable, movement of restriction would be applied. Examples given were: a foreigner suffering from serious diseases, pregnant women or mothers breast-feeding their infants under one year of age, minor under 16 years of age or seniors who have reached the age of 70, and other circumstances in which detention for investigation should not be applied.  The period of restricting the movement of the foreigner shall not exceed 60 days.
  1. Legal Liabilities
    1. Illegal Residence
  • Foreigners who illegally reside in China shall be given a warning.
  • In serious cases, the foreigner shall be fined RMBY500.00 per day to a maximum of RMBY10,000.00 or be detained for not less than five days but not more than 15 days.
  • If a guardian fails to perform his obligation and results in the illegal stay of a foreigner below 16 years of age, said guardian or other obligated persons shall be given a warning and may also be fined the amount not more than RMBY1,000.00.
  1. Harboring or Hiding Illegal Foreigners
  • Individual persons shall be fined the amount of not less than RMBY2,000.00 but not more than RMBY10,000.00.
  • In serious cases, such person shall be detained for not less than five days but not more than 15 days and fine of not less than RMBY5,000.00 but not more than RMBY20,000.00 and confiscation of illegal gains, if any.  Serious cases are defined as harboring more than three foreigners; person already charged of the same act three or more times; or harboring or hiding foreigners for 30 days.
  • Entities shall be fined the amount of not less than RMBY10,000.00 but not more than RMBY50,000.00 and confiscation of the illegal gains, if any.  The personnel involved will also be fined.
  1. Illegal Employment
  • Foreigners who illegally work in China shall be fined the amount of not less than RMBY5,000.00 but not more than RMBY20,000.00.
  • In serious cases, the foreigner shall be detained for not less than five days but not more than 15 days and fined not less than RMBY5,000.00 but not more than RMBY20,000.00.  Serious cases are defined as a foreigner working for more than three months; has an income of more than RMBY30,000.00; or has repeatedly worked illegally within one year after the original sentence was imposed.
  • Acts of illegal employment refers to foreigners who work without obtaining work permits or work-type residence permits; foreigners who work beyond the scope prescribed in the work permits; or foreign students who work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.
  1. Illegal Recruitment
  • Individuals who introduced work to ineligible foreigners shall be fined RMBY5,000.00 for each job illegally introduced to a maximum of RMBY50,000.00 and confiscation of illegal gains, if any.
  • Entities who introduced work to ineligible foreigners shall be fined RMBY5,000.00 for each job illegally introduced to a maximum of RMBY100,000.00 and confiscation of illegal gains, if any.
  1. Illegally Hiring Foreigners
  • Individuals or entities that illegally employ foreigners shall be fined RMBY10,000.00 for each illegally employed foreigner to a maximum of RMBY100,000.00 and confiscation of illegal gains, if any.
  1. Non Registration of Residence
  • Fine of not less than RMBY2,000.00.

With the implementation of the new immigration law which imposes stricter penalties for foreigners who illegally enter, live and work in China, all Filipinos are reminded properly obtain legal documentation even before entering China and refuse offers from illegal recruiters to work as household service workers with the promise of high salaries and legalization of their visas upon arrival in China.  END

Share.

Leave A Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.