I. Illegal entry into China
It refers to the illegal ACTS of aliens who enter China's borders without holding valid entry visas or legal and valid entry documents issued by the competent authorities of China, or who enter China without opening China to the outside world, entering China at designated ports, or entering China without inspection by frontier inspection stations.
II. Illegal employment
1. A visa or residence certificate obtained for studying abroad, visiting relatives, or traveling cannot be used as an employment certificate, but a work permit or a work-type residence certificate should be obtained to work in China in accordance with the relevant provisions;
2. Working in China beyond the limits of the work permit.
Illegal residence refers to the illegal ACTS of aliens residing (remaining) in China who fail to apply for visas or residence permit certificates within the period of valid stay specified in the visa or residence permit.
1. Regarding the illegal entry into China, the offender may be allowed to remain or deported within a certain period of time in accordance with the law of our country. Aliens illegally entering or leaving Chinese territory shall be fined no less than 1,000 yuan but no more than 5,000 yuan; if the circumstances are serious, the offender shall be detained for five to ten days and may also be fined no less than 2,000 yuan but no more than 10,000 yuan; if the circumstances are serious enough to constitute a crime, the offender shall be investigated for their criminal involvement according to law.
2. Article 80, Paragraph 1, of the Exit and Entry Administration Law of the People's Republic of China shall impose a fine of no less than 5,000 yuan but no more than 20,000 yuan on aliens who illegally obtain employment. If the circumstances are serious, he shall be detained for five days but no more than 15 days and shall also be fined no less than 5,000 yuan but not more than 20,000 yuan. Where an alien is introduced for illegal employment, a fine of 5,000 yuan shall be imposed on the individual for each illegal introduction, with the total amount not exceeding 50,000 yuan; to impose a fine of 5,000 yuan for each illegal introduction and the total amount not exceeding 100,000 yuan; the illegal gains, if any, shall be confiscated. Whoever illegally employs foreigners shall be fined 10,000 yuan for each illegally employed person and the total amount shall not exceed 100,000 yuan; the illegal gains, if any, shall be confiscated. Article 81, Paragraph 2, states if an alien violates the provisions of this Law and the circumstances are so serious that they do not constitute a crime, the Ministry of Public Security may deport them from the country. The punishment decisions made by the Ministry of Public Security shall be final. Article 81, Paragraph 3, Aliens who are expelled from the country shall not be allowed to enter the country for a period of 10 years from the date of deportation.
3.Aliens who reside illegally shall be given a warning; if the circumstances are serious, they shall be imposed a fine of 500 yuan for each day of illegal residence, the total amount of which shall not exceed 10,000 yuan, or be detained for no less than five days but no more than 15 days. Where a guardian or any other person liable for guardianship fails to fulfil their duty of guardianship, thereby causing an alien under the age of 16 to reside illegally, a warning shall be given to the guardian or any other person liable for guardianship and a fine of no more than 1,000 yuan may also be imposed.