Recently, Hongkou District Court of Shanghai sentenced two defendants to 8 months in prison, 1-year probation, and a fine of 10,000 yuan, and confiscated the illegal proceeds returned to them for the crime of selling immigration documents.
It is reported that the two people were arrested because they helped foreigners provide application materials to help them obtain work permits and residence-type work permits in China, but the foreigners usually did not have any work contact with their companies.
They just let the foreigners attached to their company and provide them with the materials to apply for work permits and residence permits so that the foreigners can stay and work in China.
According to the Regulations of the People’s Republic of China on Entry and Exit Administration, foreigners who work in China without obtaining work permits and work residence permits in accordance with the law are illegally employed. They let two foreigners attached to their company to apply for work permits, and each time they were successful, the foreigners would give them a service fee ranging from 2,000-5,000 yuan, while they fictitiously created jobs and salaries for the foreigners for verification by the relevant authorities.
After hearing the case, the Hongkou Court held that the defendants had both committed the crime of selling entry and exit documents in violation of the entry and exit (border) regulations of the People’s Republic of China. The two can truthfully confess the facts of the crime, and withdraw the illegal income and voluntary prepayment of fines, there is repentance, according to the law can be a lighter punishment and apply probation.
With the increasing standardization of China’s immigration management, the crackdown on the three non-permanent people (illegal entry, illegal work and illegal residence) will only get bigger and bigger, and the risk and cost of illegal employment will become higher and higher.