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What if one be deported from China?

What if one be deported from China? HACOS瀚客企服
2022-03-25
4

Foreigners entering China shall follow the relevant laws and regulations of China. Therefore, improving our legal awareness is very significant, for it not only helps us to protect our legitimate rights and interests from infringement, but also tells us the boundaries of crime. Foreigners in China who seriously violate Chinese laws will be deported. 




What Is Deportation?


Deportation refers to the deprivation of foreigners' residence qualifications in China, forcing a criminal alien to leave China. For foreigners who commit crimes, deportation may be applied independently or additionally. 

Independently, it is aimed at foreigners whose crimes are relatively minor, and it is not necessary to be sentenced to principal penalties(control, criminal detention, fixed-term imprisonment, life imprisonment, death penalty), but he or she can be sentenced to deportation independently.

Additionally, it is aimed at foreigners whose crimes are more serious in nature and who have been sentenced to the principal penalties or other additional sentences, and he or she needs to be deported after the principal penalties have been executed.


Under What Circumstances Will It Be Deported?


According to Law on the Administration of the Entry and Exit of Foreigners, aliens may be deported under any of the following circumstances:

1️⃣ Those who have been ordered to leave the country within a specified time limit and fail to leave within the specified time limit;

2️⃣ There is no entry;

3️⃣ Illegal residence or employment;

4️⃣ Those who need to be deported in violation of this law or other laws and administrative regulations.

Other overseas personnel who are under any of the circumstances listed above may be deported according to law. Even if a foreigner with residence qualification in China commits an international crime abroad, after the foreigner enters the territory of China, it can still impose deportation.

In China, deportation is more flexible. The provisions of criminal law can be applied, not should be applied. Which is to say, it is not necessary to apply deportation to foreigners who commit crimes, but to consider not only the facts, nature and circumstances of crimes, but also the relations between China and the host country and the needs of international struggle.
Foreigners who enter or leave China illegally or reside in China illegally, travel to areas closed to foreigners without valid travel documents, forge, alter, falsely use or transfer their entry or exit certificates, may be warned, fined or detained for no more than ten days by public security organs at or above the county level. Foreigners who commit any of the above acts and the circumstances are serious may be ordered by the Ministry of Public Security to leave the country within a time limit.

How long can one enter the country after deportation?


Generally, after being deported, he or she is not allowed to enter the country within 10 years from the date of deportation. After 10 years, he or she can apply for entry again, but re-entry will not be so easy and may be refused forever.




HACOS provides free consulting services for exit and entry and Chinese visa. 
If you want to know more about coming to China or doing business here, please contact us! 


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