The illegal foreigners in China

As more and more foreigners integrate into our society, some foreign lawbreakers also take the opportunity to mix them, waiting for the opportunity to engage in illegal and criminal activities. According to statistics, the "three non" problems among illegal and criminal foreigners are more prominent. Most of these foreigners have no source of livelihood, stable residence, legitimate occupation, and some even come to China to engage in illegal and criminal activities.

So what are the illegal foreigners?

The illegal foreigners refer to foreigners who enter, reside and work illegally. Those who enter illegally are mainly from neighboring countries. Illegal employment is mainly concentrated in foreign language education, foreign-related performances, foreign-related housekeeping, labor-intensive industries and other fields, and most of them are illegal employment after entering the country on the grounds of studying abroad and visiting.

Legal definition

1.Illegal entried foreigners: Foreigners who enter the country without valid passports or travel documents, valid entry visas or other legal documents issued by the competent Chinese authorities, ports designated by the visa authorities, and border inspection authorities.

2.Illegal resident foreigners: Foreigners staying in China without valid Chinese visas and certificates; After entering the country with visas D, Z, X, J, Q, S-1, they fail to apply for residence certificates within 30 days; Foreigners who fail to apply for residence certificates within 30 days after entering the country visa free according to relevant agreements, or who reside beyond the specified scope of visas and certificates.

3.Illegal employment foreigners: Foreigners who has been employed in China with no "foreigner's working residence permit", "foreigner's temporary residence permit" or Z visa, "foreigner's work permit", "people's Republic of China's work permit for offshore oil operations" or "temporary business performance permit".

In order to effectively maintain China's foreign-related public security order, in recent years, the municipal public security bureaus have strengthened the rectification of foreigners who enter, reside and work illegally.

Treatment measures

1. Measures against illegal foreigners

According to Article 40 of the detailed rules for the implementation of the law of the people's Republic of China on the administration of the entry and exit of foreigners, foreigners who illegally enter and leave China's territory may be fined not less than 1000 yuan but not more than 10000 yuan, or detained for not less than 3 days but not more than 10 days, and may also be deported within a time limit or deported; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

According to Article 27 of the law of the people's Republic of China on the administration of the entry and exit of foreigners, foreigners who enter or reside illegally may be detained for examination, residential surveillance or deported by public security organs at or above the county level.

2. Measures against illegal foreigners

Foreigners who violate the provisions of Articles 16, 19 and 20 of these rules and illegally reside may be given a warning or fined 500 yuan for each day of illegal residence, with a total amount not exceeding 5000 yuan, or detained for not less than 3 days but not more than 10 days; If the circumstances are serious, he shall also be ordered to leave the country within a time limit.

Foreigners who violate the provisions of articles 21 and 22 of these rules may be given a warning or fined less than 500 yuan; If the circumstances are serious, he shall also be ordered to leave the country within a time limit. Foreigners who violate the provisions of Article 23 of these rules and do not implement the decision of the public security organ may be given a warning or fined not less than 1000 yuan but not more than 10000 yuan while forcing them to implement the decision; If the circumstances are serious, he shall also be ordered to leave the country within a time limit.

3. Measures for illegal employment of foreigners

According to Article 44 of the detailed rules for the implementation of the law of the people's Republic of China on the administration of the entry and exit of foreigners, foreigners who seek jobs without the approval of the Ministry of labor of the people's Republic of China or its authorized departments may be fined not more than 1000 yuan while terminating their posts or employment; If the circumstances are serious, he shall also be ordered to leave the country within a time limit. Units and individuals who hire foreigners without permission may, at the same time of terminating their employment, be fined not less than 5000 yuan but not more than 50000 yuan, and be ordered to bear all the expenses of repatriating foreigners who have been hired without permission.