Chinese Green Card and China's Tough Immigration Law

According to the International Organization for Migration (IOM), foreigners’ had constituted 1% of the Chinese population by the year 2008. In addition to keeping a family and leading a typical Chinese life, many of the foreigners in China can speak fluent Mandarin with Beijing accent, Shanghai accent or even Cantonese. However, the current regulations pertaining to alien management in China was introduced more than two decades ago, hence is obviously out-dated. Aiming to provide immigrants a more comfortable stay in China, the legislative body has put the first immigration law in the history of People’s Republic of China under deliberation.

Obtaining permanent resident status in China is no easy task.

Tough Immigration Law and Regulation in China

Ever since its promulgation in 1985, “Law of the People’s Republic of China on Control of the Entry and Exit of Aliens” has been the major legal document supervising immigration issues. Later in 2004, China began to issue permanent resident permits to foreigners. According to the “immigration regulation” implemented in 2004, the so-called “Chinese green card” can only be issued to foreigners who have made significant contributions to China, an overly strict and demanding criterion for most foreigners.

Famous scientists, scholars, athletes, artists and other talents, as well as investors, are eligible to apply for this permanent residence status.

Joan Hinton, a legendary scientist from the United States, was the first Chinese green card holder. Born and raised in Chicago, she was among the few female scientists working for the Manhattan Project. She followed her husband to China in 1948 and lived there ever since until her death on June 6, 2010.

German who “Warms” China has Left China

Eckart Loewe came from Germany and worked as a volunteer for six years in southwestern China’s Guangxi Province. He didn’t save a single dollar for his work; on the contrary, he spent all his earnings helping the poor and uneducated people in China. In 2006, Eckart’s story was made known to the public after his interview with China Central Television (CCTV) and he himself has been praised by the Chinese media as “a legendary that warms the whole nation” since then.

Regrettably, Eckart was denied Chinese green card in spite of the immense public support he enjoyed, because he failed to meet the application criteria set by the current law. He left China before his legal duration of stay expired.

Twenty Year Resident Not Qualified for Green Card

Mingna Wu came to China from Finland in the early 1990s. During the four-year study in Beijing, she polished her Mandarin with a Beijing accent. She was offered a position by a Finnish company after graduation and has been in charge of expanding the Chinese market ever since.

Mingna has lived in China for nearly twenty years. She is now based in Shanghai and regards the city as her second hometown. She spends most of her time in China and only goes back to Finland occasionally to visit her mother. Emotionally speaking, Mingna has already regarded herself as an ordinary Chinese. Legally speaking, on the other hand, she is still a temporary foreign resident in China on a working visa.

Mingna has a plan for her post-retirement life: traveling around China and writing some articles about the mysterious country for Westerners. However, since Mingna is not qualified for the Chinese green card, she may need to leave the country if she loses her job.

“I’ve been paying taxes to the Chinese government for sixteen years, and my company has created more than 100 working opportunities for China. Why can’t I become a permanent resident?” complained Mingna.

Another Example of China’s Outdated Immigration Law

Moving to Shanghai from his hometown Britain seven years ago, David Tang is now a senior manager in a global pharmaceutical company. He already bought an apartment in Shanghai and settled down in the city with his wife. His daughter was born in China and goes to school in Shanghai.

“I’ve got the impression that, we are not encouraged to stay. – David Tang”

During these seven years, David has to renew his working visa annually. Because his company was registered in a city other than Shanghai, David and his family have to drive three hours for a visa renewal. “I’ve got the impression that, we are not encouraged to stay.” said David. Prior to his visit to Shanghai, David had been working in Hong Kong for seven years. He has permanent residency in Hong Kong with the electoral franchise. Talking about her daughter, David is even more confused. Even though she was born and raised in Shanghai, she is still considered as foreigner under the current immigration law.

Immigration: A Sophisticated Issue

On developing a set of comprehensive and reasonable immigration laws, China still has a long way to go. Even for green card holders, they still need protection and clarity on issues related to their education, health care and social security. The current law and regulations make it difficult for foreigners to fully integrate into the Chinese society. Mingna Wu and her Finnish friends once hoped that their children could go to public schools in China and grow up like ordinary Chinese children. However, the Chinese law strictly limits the choice of foreign children to a few selected international schools.

China’s new law regarding the entry and exit of aliens has been listed on the agenda of National People’s Congress, China’s top legislative body. If the new law enjoys first pass, it can come into force as early as the beginning of 2011. However, it may have to wait for another three to five years if there are objections during deliberation process.

Sources
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news365.com.cn
baike.baidu.com
uschinapress.com
sohu.com

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