On April 18, 2024, the National Immigration Administration held a regular press conference to report on immigration management data for the first quarter of 2024. In the first quarter, the National Immigration Administration launched a series of immigration and entry policy measures, continuously optimizing regional entry visa free, transit visa free, and port visa policies, implementing five measures to facilitate foreign visitors to China, and expanding visa free entry for some countries into Hainan
In the first quarter of 2024, a total of 13.074 million foreign personnel were inspected for entry and exit, an increase of 305.2% year-on-year. A total of 466000 foreign visa documents have been issued, a year-on-year increase of 118.8%. At the same time, in the first quarter of 2024, 23000 foreign nationals who entered, resided, and employed illegally were investigated and punished in accordance with the law, including warnings, fines, administrative detention, and time limits for leaving the country. Among them, 4551 individuals who met the legal requirements were deported.
Compared to the 14000 foreign nationals who entered, resided, and employed illegally in the first quarter of 2023, the data for the first quarter of 2024 showed an increase instead of a decrease. In recent years, China’s comprehensive national strength has been continuously improving, and more and more foreigners are coming to China to find jobs, which has led to a series of illegal employment problems for foreigners in China, which may lead to serious consequences.
What would be defined as illegal employment by foreign nationals? We will take you to learn more about it.
Illegal employment refers to the act of engaging in social labor without obtaining legal employment status in China and obtaining labor remuneration without authorization.
The criteria for identifying illegal employment
1. Those who work within China without obtaining work permits and work-related residence permits in accordance with regulations;
2. Working within China beyond the scope of the work permit;
3. Foreign students who violate the regulations on work study assistance and work outside the prescribed job scope or time limit within China.
Punishment standards for illegal employment
According to Article 80 of the Exit and Entry Administration Law:
Foreigners who engage in illegal employment shall be fined between 5000 yuan and 20000 yuan; Those with serious circumstances shall be detained for not less than 5 days but not more than 15 days and fined not less than 5000 yuan but not more than 20000 yuan.
2. For introducing illegal employment of foreigners, an individual shall be fined 5000 yuan for each illegal introduction, with a total amount not exceeding 500 million yuan; Impose a fine of 5000 yuan on the unit for each illegal introduction of a person, with a total amount not exceeding 1 million yuan; Any illegal gains shall be confiscated.
3. For illegal employment of foreigners, a fine of 10000 yuan shall be imposed for each illegal employment, with a total amount not exceeding 100000 yuan; Any illegal gains shall be confiscated.
In response to the prominent situation of illegal entry, residence, and employment of some foreign nationals in recent years, the National Immigration Administration adheres to the principle of “protecting legality and cracking down on illegality”, effectively strengthens the work of cracking down on illegal activities in accordance with the law, and insists on discovering and punishing cases together, expanding the scope of investigation, and thoroughly investigating to the end. Foreign nationals in China should understand and comply with Chinese laws and regulations on entry and exit management, and avoid touching the legal “red line”!
We would like to remind everyone that foreigners working within China should obtain work permits and work related residence permits in accordance with regulations. No unit or individual shall hire foreigners who have not obtained work permits and work related residence permits. No illegal employment or employment of foreigners shall be introduced.
