Illegal Immigrants in China - Part One: The Need for Immigration Reform.

I'd like to start with a disclaimer. I'm an English teacher in China, and much of this article is in reference to the situation as it relates to a large percent of China's foreign workforce... English teachers. Those who are here working for large corporations doing business as such do not have trouble obtaining valid working visas.

Here's the situation. Only the Z visa comes with a legal work permit. A Z visa can only be sponsored by an individual employer. Working, even part time, on any other visa is illegal in China. Many of the foreigners I know teaching English here in Beijing are working on an F visa, which is technically for those here on business, doing research, or attending conferences. The F visa does not permit a foreign citizen to work in China.

Recently, China has been raiding schools, detaining teachers, and denying attempts to renew F visas. There's debate about what prompted the current crackdown on "illegal immigrants". I think there are multiple reasons for this. I'll discuss one in this article. YES, many foreign nationals ARE working under the wrong visa. It IS a problem, the impact of which is not under debate here, however, it is one prompting the need for immigration reform not punishment and exile for "illegal immigrants".  

The media here in China often places blame on what I would call expatriates, not immigrants, casting them as greedy westerners who are out to cheat the government, getting paid under the table by working on the wrong visa. In reality, many foreigners lust after the coveted Z visa and would prefer it over other visas that require leaving the country as often as once a month. Several barriers exist, however, making it difficult for willing foreigners to obtain the proper visa.

I myself have only been offered a Z visa once in my four years in China. My previous employer confessed that they don't even have the proper license to employ foreign nationals. Without this license, a company can not sponsor a work visa. Such licenses are expensive and difficult to obtain for entrepreneurs without the proper connections and extra cash to "grease the wheels". The demand for English schools in China is so great, they're popping up everywhere to meet that need, but with barriers so high that employers are discouraged from following proper channels in obtaining legal licensure.

The job market is flooded with teaching jobs that, in Beijing, pay between $25 USD and $45 USD an hour! A quick glance at the local classifieds shows that only 1 out of 5 employers are offering to sponsor Z visas. Just this week I was offered a job by an agent who told me that the offer did not include sponsorship of a proper visa and was contingent on the fact that "we" be careful and lay low because "they" are cracking down workers with F visas.

Most employers are up front about offering jobs to F visa holders. Others prey on ignorance. I remember when I decided to come to China, I spent hours online looking for the best school. I chose one that offered to provide me with a visa. At the time, I trusted the company to supply me with what I needed to work here legally. I had no knowledge of the nuances between visas and was glad that someone else had offered to do all the work!  It was only after I arrived and my school was raided by the police (and several colleagues were caught and fined) that I even thought to question the validity of my visa. This happens in Beijing all the time. What's worse than being intentionally misled is that when the police show up, the employers are often given a choice between claiming responsibility and paying the fine themselves or giving up their employees and allowing them to pay the consequences instead, with no further action being taken upon the school itself. Just last month, a friend of mine was detained for two days because his company sold him out.

Does the abundance of available jobs being offered to F visa holders excuse the fact many expatriates are working illegally? No it doesn't. However, the existing job market makes it tempting to take the risk. I think China should recognize the demand for English teachers and respond accordingly by making it easier for willing and qualified individuals to obtain a suitable visa for working instead of hunting violators down like violent criminals. The proper licensure should be made more readily accessible to entrepreneurs instead of favoring those with government connections. Finally, school owners who refuse to offer Z visas and continue to employ workers with F visas should be held accountable and have to shoulder some of the consequences for their actions.

Now that we got that settled... let's get back to this crackdown. YES, foreigners are violating the law. That's bad. I get it. But I've been hearing the media and even people on the street vilifying "illegal immigrants" and worse, foreigners in general. With a mere 20,000 violators in a country with a population of what??? 1.3 billion? The numbers are staggering. So why is this such a big deal? Why now? Next... Illegal Immigrants in China - Part Two: A Historical Perspective.