On 30 June 2012, the Chinese legislature adopted a new Law of
the People's Republic of China on Exit-Entry Administration
("the New Law"). It replaces the PRC Law on
Administration of the Exit and Entry of Citizens and the PRC Law on
Administration of the Exit and Entry of Foreigners which were
issued in 1985. The New Law will take effect as of 1 July 2013 and
applies to the exit-entry administration of both foreigners and
For foreigners, the New Law will impose stricter control over
their entry, residence and work in China. Foreigners working in
China and foreign invested enterprises hiring foreign employees in
China may wish to pay attention to the following:
1. The New Law distinguishes between the categories of residence
of foreigners into two categories, i.e. residing in China for work
purposes or for non-work purposes. The validity period of a
residence permit can be 180 days to 5 years for non-work purposes
and 90 days to 5 years for work purposes. Foreigners working in
China shall obtain work permits and residence permits for work
purposes. No Chinese entities or individuals are allowed to hire
foreigners without holding work permits and residence permits to
2. The New Law, for the first time, expressly defines the term
"illegally working in China". There are the following
Working in China without having obtained a work permit and a
residence permit for work purposes;
Working in China outside the scope stated in his/her work
Overseas students working outside the scope or time limitation,
breaching the administrative regulations on taking part-time jobs
while studying at school. For a foreigner working China illegally,
the New Law will impose more severe punishments than in the past on
both the foreigner and the employer who hired them: A foreigner can
be subject to a penalty from RMB 5,000 to RMB 20,000. In severe
cases, the foreigner can even be detained for 5-15 days in addition
to the penalty. An employer hiring foreigners illegally can be
subject to a penalty of RMB10,000 per person with a cap of
RMB100,000 in total. Any illegal income resulting from their
employment can be confiscated.
3. In the past, PRC law did not specify the measures which can
be taken by the authorities in the case that a foreigner was found
to be working illegally. Now the New Law expressly provides that
the authorities (i.e. the public security bureau or the frontier
inspection office) can make an on-site inspection or continuous
inspection of the suspects, and even impose a detention if the
suspicion cannot be clarified after an on-site or continuous
inspection. If a foreigner is proven to work in China illegally,
the authority is entitled to repatriate such foreigner to his/her
home country. If a foreigner is repatriated, he/she can be
restricted from re-entering China for a period of one to five
years, depending on the decision of the authorities.
4. Further, the New Law stipulates that foreigners and their
Chinese employer are responsible for the authenticity of the
invitation letter and other documents for the application for visa
and residence permit. If they fail to do so, he/she will not be
able to obtain the visa and residence permit. If the Chinese entity
breaches the above regulations, a penalty of RMB 10,000 to RMB
50,000 can be imposed and the relevant illegal revenue can be
5. As provided by the New Law, different types of ordinary visa
such as visa for the purpose of work, business, study or traveling,
etc. as well as application requirements will be stipulated by the
State Council. We expect that the PRC State Council will issue the
relevant implementing rules and regulations in the near future.
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October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
The Skilled Migrant Category (SMC)is the category that most people use to apply for residence.
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