New Laws to Tackle Foreign Worker Issues in the Country

New Laws to Tackle Foreign Worker Issues in the CountryTop legislatures are planning to draft a law  aimed at tracking down foreigners that are working, entering or staying illegally in the country. The legislators are also discussing implementation of fines and deportation for foreigners staying in the country illegally.

A law is also being drafted that will offer residency to qualified foreigners and information on how they can secure permanent residency legally. Furthermore, to settle all arguments on the issue of illegal aliens, the national People’s Congress Standing Committee is also planning to create a law that will allow local law enforcement agencies to detain suspects and check their cases.

The decision to draft this type of law was the result of cases wherein foreign suspects that are caught usually hold fake documents and refuse to give any more information. The only set back is that this type of investigation takes time; but  the drafted law gives the police the power to repatriate repeat offenders.

Foreigners that are caught working illegally will be fined between 5,000 to 20,000 yuan and will be detained up to 15 days depending on the type of violation. Those who provide job placement services to foreigners or those employing them will also be fined by the law. Foreigners that are deported will be banned from entering the country for five years.

Foreigners that make significant contributions to the economy and the social development of the country will have the chance to get permanent residency. This draft law is a sign that the country is working to improve its immigration management. The draft law will show foreigners the right way to work and earn a living in China.

The drafted law is also a way to attract foreign talent into working in the country and improve relationship between China and other countries as well.

5 Comments for “New Laws to Tackle Foreign Worker Issues in the Country”

  1. David,

    There are not really any valid informational sites better than the
    Hong Kong government sites. And if you are going to be hiring
    on with someone as an employee, I’d be very surprised if they
    did not take care of these issues for you in their HR department.

    So, you might find the employment in Hong Kong first and then
    worry about the steps towards a permanent resident card later,
    unless you are going to be making a rather substantial set of
    investments in Hong Kong and starting your own firm there.

    And yes, Sylvester & Associates has done a lot of executive
    compensation agreements in Hong Kong and/or China over the
    years especially in the areas of stock options, double taxation
    and the like.


    Michael Sylvester

  2. David,

    Residency in Hong Kong, under a valid work permit for a duration of at least seven (7) years, leads to a permanent residence card / right of return / etc and is more like most Western countries immigration procedures. You live there, you pay taxes there, and eventually are allowed to stay forever if you want.

    Residency in China, unless one is married to a Chinese National, is on the basis of a formal working relationship with your employer or through a company you own only – is annually renewed and will never have a permanent right to stay in or return to China if you do not remain a tax paying registered foreign worker.

    There are a lot more details to both options so it really depends on what your long term goals are to say which will suit your particular circumstances better.

    Michael Sylvester

    • Thanks Michael,

      Fills in a few blanks – appreciate you taking the time to post that!! Sounds like HK ID is the way to go. Know any good sources on the web I can read into? Are you in the business of consulting foreign professionals on matters of residency in China/HK?

  3. Hey Michael, what are the pro’s and con’s of obtaining residency in Hong Kong vs China. I’m not clear on the limitations / advantages one can expect going one way or the other. I’ve been debating which to begin the process with + looking for an experienced had to point me in the right direction!

  4. Well, like anything else here there is a little good, a little bad and a little that plain does not make sense.

    But, in general, if you are here doing more or less what you are supposed to be doing, you’ll be fine. If you are not sure, give us a call and we’ll try to point you in the right direction.

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