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Annual Report on Chinese International Migration(2015)

Tuesday,Mar 24, 2015

By Wang Huiyao

 

Abstract

Our “Annual Report on Chinese International Migration (2015)” investigates and elaborates on the latest trends and characteristics of Chinese migrants in order to obtain a thorough understanding on the current status of international migration from 2013 to 2014.This book consists of five major parts: General Report, Special Issues, International Cases, Domestic Cases and Comprehensive Issues.

Taking a global perspective, the General Report focuses on the current conditions and characteristics of international migrants. The scale and distribution of Chinese international immigrants in 2013 - 2014 are also analyzed, with this review serving as the foundation of our research on the makeup of Chinese immigrants and general trends regarding their movement to foreign countries. Suggestions are put forward for making the fullest use of international migrants and the talents, along with ways of better enforcing and developing China’s international migrant system.

Several special “hot” migration topics receive special coverage in the Blue Book in order to enhance understanding of immigration, especially with respect to China. These include making China’s visa application procedure more convenient, attracting skilled migrants to China, life quality of international migrants, the current situation and future trends of Chinese property investor immigrants, and entry and exit management under the perspective of the State Action Doctrine.

The Blue Book’s review of foreign countries experience introduces the new immigration policies recently implemented by the U.S. to attract foreign entrepreneurs and investors. The Blue Book also introduces Norway as a destination for Chinese immigrants, while also discussing immigration laws in several important developed nations.

Focusing on how the Shanghai Free Zone can better utilize its strengths to attract international talents, the “Domestic Cases ” chapter of the Blue Book discusses in detail several highly salient issues, such as administrating and serving foreigners according to the law, improving Shanghai’s port visa legal system, establishing a special residence permit mechanism and “Free-trade Zone Pass” system. We provide a variety of suggestions for dealing with the politics of free trade zones, while offering academic support for their establishment.

By introducing four key aspects of contemporary migration-related problems and issues, namely the cultural identity dilemmas faced by new Chinese returnees, the experiences of overseas cities in managing and serving foreigners, certificate application procedures for foreigner experts, and the establishment of China’s skilled immigrant system, an in-depth investigation is conducted to identify a reference point for the government officials and department, scholars, experts and immigrants to deal with immigration-related issues.

Contents

BⅠ General Report
B.1 The Current Status of Chinese International Immigration and Suggestions on Establishing a Talent Immigration System

B Ⅱ Special Issues
B.2 Extend Visa Facilitation to More Countries, Making China’s Visa Application Procedure more Convenient
B.3 Chinese Skilled Migration and Its Introduction of Foreign Talent
B.4 An Investigation on the Life Quality of International Migrants
B.5 The Status and Trends of Chinese International Investment Migrants
B.6 Act of State Doctrine Regarding Exit and Entry Administration

B Ⅲ Interantional Cases
B.7 New Policies in U.S. Immigration:  Attracting Foreign Entrepreneurs and Investors
B.8 An Overview of Chinese Immigrants in Norway
B.9 A Comparative Research on the International Immigration Laws of Selected Developed Countries

B Ⅳ Domestic Cases
B.10 On Legal Administration of Aliens in China during the New Period
B.11 The Consummation of Shanghai’s Port Visa Legal System
B.12 A Perspective on the Special Residence Permit System of Shanghai Free Trade Zone
B.13 “Free-Trade-Zone Pass” System with Strategic Value

B Ⅴ Comprehensive Issues
B.14 Research on the Cultural Identity and of Overseas Chinese Returnees and Measures for Integrating them back into China:  A Sociological Perspective
B.15 Experience Analysis of Management and Services of Aliens in Foreign Metropolitan Areas
B.16 An Investigation on the Application Procedures for Obtaining a Foreign Expert’s Certificate
B.17 Building China’s Skilled Migration System-Experiences from the European Migration System and the Pionts System in Kukou Reform
B 18 Postscript

B.1 The Current Status of Chinese International Immigration and Suggestions on Establishing a Talent Immigration System

Henry Wang, Zheng Jinlian, Miao Lv

1. The Current Status and Characteristics of International Migration

2. The Distribution and Current Status of Chinese International Immigrants in 2013-2014

3. The Characteristics and Trends of Chinese International Immigrants in 2013-2014

4. Suggestions on the Establishment of China’s International Competitive Immigration System

Abstract: In recent years, international migration has taken on new characteristics.  For example, the outflows and inflows between developing countries have become more prevalent, Europe and Asia are emerging as the most popular immigration destinations, while immigration regions tend to be relatively compact.  In addition to these trends, international immigration is being fuelled by the 2008-9 global financial crisis and its after-shocks.  With the growth in the number of international immigrants and the increasingly clear benefits in the areas of science and the economy, issues like immigrant integration have attracted growing attention.  With an overall population of 60 million, Chinese immigrants can be found everywhere in world, but are concentrated mainly in the U.S., Canada, Australia, Japan, and other European countries. During 2013 - 2014, new changes in the development of Chinese international migration have arisen. The number of overseas Chinese immigrants is continuously increasing, while the influence of foreign migrants on China’s internationalization is rising as well. As the number of immigrants coming to China has gone up, China has become the largest source country of foreign travellers. This paper concludes by providing suggestions on establishing a globally competitive migration system that can attract international talents to China.

Keywords: Chinese international migrants, foreign migrants in China, migration system with global competitiveness

B.2 Extend Visa Facilitation to More Countries, Making China’s Visa Application Procedure more Convenient

Deng Ying, Dong Qingqian, Miao Lv

Abstract: China and the United States have both agreed to extend their visa validity to 10 years during 2014 Asia-Pacific Economic Cooperation Meeting (APEC), which is expected to effectively enhance the exchange of talent between the two countries.  Such simplified talent visa application procedures should be promoted by China with other developed nations, such as Canada, which have already granted a 10-year visa validity to Chinese citizens, in order to remove the barriers for global talent to come to China.

Keywords: Visa, entry-and-exit administration, convenient policy

B.3 Chinese Skilled Migration and Its Introduction of Foreign Talent

Liu Guofu

Abstract: The global movement of skilled people is now recognized as a crucial worldwide trend.  But in the case of foreign talent entering China, the number of individuals from overseas entering, exiting,working, and living in the country have been relatively small in the past and are now even declining a bit.  The main obstacle to the introduction of skilled foreign workers into China is that foreign migration into China has yet to gain widespread acceptance.  Thus China has so far failed to establish a skilled migration development program, while its system for administering foreign talent is not very advanced.  In order to lure more foreign talent, China needs to positively explore skilled migration.  It then must carefully devise a skilled migration development program, improve its skilled migration administration system and mechanism, and push governmental authorities to manage skilled migration through legislative and service-related measures.

Keywords: Skilled Migrant; Foreign Talents; Foreigner; International Movement; Exit and Entry

B.4 An Investigation on the Life Quality of International Migrants

Zheng Jinlian, Yang Wei

Abstract: Most current immigration research is focused on the implications migration poses for the macro economy and society of source countries and recipient nations.  By contrast, limited attention has been paid to the quality of life enjoyed by migrants.  Focusing on this aspect of the global migration phenomenon, the paper summarizes the current situation of migrants living abroad, focusing on their quality of life and problems.  This discussion is based on  a recent Gallup World Poll of migrants.  This article also elaborates on the potential difficulties international migrants face in the areas of employment, entrepreneurship, and family life.

Key Words: International migrants, life quality, Gallup World Poll

B.5 The Status and Trends of Chinese International Property Migrants

Zou Hengrui

Abstract: As the number of immigrants from China continually increases, the country is now undergoing its third wave of emigration.  Chinese investors have been especially prominent among global migrants when it comes to taking advantage of immigrant investor programs offered by major immigrant destinations like the United States, Canada, Portugal and Australia.  Chinese people’s outbound investment in real estate has fueled the prosperity and growth of the housing market in these foreign countries.  This paper reviews the current features of and pros and cons regarding real estate and other investment-based immigration policies in countries that have served as major international migration destinations.  In so doing, it also analyzes the status quo and characteristics of international real estate and investment immigration among Chinese investors, seeking to highlight future trends with respect to overseas property acquisition and migration by such individuals.

Key Words:
Overseas property investment, EB-5 Investment immigration policy

B.6 Act of State Doctrine Regarding Exit and Entry Administration

Lin Yicong

Abstract: Legal theories have two general explanations for an act of state.  One is act of state in a general sense, the other is act of state under the remedy law.  Exit and entry administration is an act by which the state exercises its sovereignty.  It can thus been seen as an act of state in a general sense.  But at the present moment, whether or not exit and entry constitutes an act of state under the remedy law is a contentious issue in academic circles.   In terms of exit and entry administration, we need to analyze its subject  and nature of behavior and draw conclusions on a case-by-case basis.  The most controversial acts are issuing visas for aliens and deporting aliens from the country.  However, these two acts are not absolutely involved in the act of state under the remedy law according to theoretical analysis, legislation, or juridical practice.

Key words: exit and entry administration; act of state; visa issuance; deportation; remedy law

B.7 New Policies in U.S. Immigration:  Attracting Foreign Entrepreneurs and Investors

Liu Zongkun

Abstract: As part of the U.S. government’s efforts to grow the American economy and boost job creation, he U.S. Citizenship and Immigration Services (USCIS) has recently initiated a series of new policies, known as “Entrepreneurs in Residence,” to attract and retain foreign entrepreneurs and investors.  Although the U.S. government is aware that immigrant entrepreneurs are among the most successful job creators, the existing immigration framework and USCIS policies do not serve immigrant entrepreneurs well or reflect the business realities they face.  By re-interpreting existing laws and amending government regulations, the USCIS is trying to provide immigrant entrepreneurs with clearer and more consistent pathways that are better aligned with modern business environments.  This article analyzes the existing avenues for immigrant entrepreneurs provided by the U.S. immigration laws and the recent changes brought about by the new USCIS policies.

Key Words: USCIS, Entrepreneurs in Residence, Alien of Extraordinary Ability, National Interest Waiver, Immigrant Investors

B.8 An Overview of Chinese Immigrants in Norway

Xia Xue

Abstract: There are more than 9000 Chinese immigrants in Norway, which include Chinese nationals living in the country, Chinese with Norwegian citizenship, and second generation immigrants.  These individuals have organized numerous community activities and groups, including fellowship parties, religious associations and professional organizations in order to help each other, enhance personal development and bring about greater communication between China and Norway.

Key words: Chinese Immigrants; Norway

B.9 A Comparative Research on the International Immigration Laws of Selected Developed Countries

Li Qirong

Abstract: Being a traditional immigrant country, the legislative principle of Canadian immigration laws is to attract more immigrants, whereas the U.S. immigration laws have thrown up set a great many barriers for new immigrants though it is a country of immigrants as well.  British The U.K. immigration laws were in the beginning highly inclusive, but have recently become  used to be inclusive at the very beginning but developed to be more exclusive.   within the recent years. While Germany is commonly seen as a country lacking immigration policies, the Federal Republic actually issued its first “Immigration Laws” over a decade ago, in 2004.  , while commonly perceived as a country without immigration policies, issued its first in 2004. French immigration laws have been described as both In France, immigration laws are characterized as both inclusive and exclusive. Australia has established a complete system of immigration institutions and is continuously softening the restrictions on entry into the country in order to promote its national economic development.   for national development. Similarly, New Zealand includes immigration laws as part of its fundamental population policies.  Comparative study Thof the immigration laws of developed nations, then, is of vital theoretical and practical significant for China, as such work will help it better e investigation on developed nations’ immigration laws is of vital theoretical and practical significance for China to better communicate and interact with foreign countries, while also improving Chinese as well as improve China’s entry and exit regulations and immigration laws with the aim of boosting the country’s economic development , in order to facilitate Chinese social economy..

Key words: International Immigration Laws, Comparison

B.10 On Legal Administration of Aliens in China during the New Period

Weng Li, Pei Lu

Abstract:
The creation of the Shanghai Free Trade Zone reflects the significant deepening of the Chinese economic reform policy.  An open China will attract increasing numbers of foreigners wishing to invest in, study, or travel around the country.  To improve the services provided to and state administration of aliens residing n China according to the law, the Chinese  Government issued in 2013 the new Exit and Entry Administration Law of the People’s Republic of China and the Entry and Exit Administrative Regulations for Aliens of the People’s Republic of China.  Regional legislation through pilot programs is recommended to grapple with the potential issues involved in  proving services for and the administration of foreigners  that may emerge during the establishment of Shanghai Free Trade Region.  The government should further divide the visa classification, simplify entry and exit procedures, reform China’s green card system, distinguish work visas from non-work visas, and deal with criminal violations by foreigners in accordance with existing laws.

Key Words: Shanghai Free Trade Zone:  Exit and Entry Administrative Law, Administration of Aliens, and Visa System

B.11 The Consummation of Shanghai’s Port Visa Legal System

Li Yin, Yu Di

Abstract: Since the establishment of the Shanghai Free Trade Zone, greater numbers of foreigners have been coming to China for business purposes, causing the demand for port visas to soar.  This trend has highlights the need to recognize and address the existing problems in Shanghai’s current port visa legal system.  Several suggestions are being proposed to improve Shanghai’s port visa legal system and promote the legal framework of the Shanghai Free Trade Zone.  But a number of problems exist in the current law system of the Shanghai port visa, which does not comport with the status of Shanghai free trade zone.  This article is based on China’s relevant laws on port visas and analyzes the specific defects of Shanghai’s port visa legal system, along with the relevant provisions of the existing Shanghai port visa, to analyze the particular problems existing in the Shanghai port visa law system.  These include the lack of supporting local regulations regarding the port visa, a flawed e-government platform system, and lack of regulations regarding the legal liability of the inviting units.   Several suggestions have also been put forward for improving the legal system of Shanghai port visa to upgrade the legal framework of the Shanghai Free Trade Zone.

Keywords: Port Visa; Foreigners;Immigration;Shanghai Province

B.12 A Perspective on the Special Residence Permit System of Shanghai Free Trade Zone

Ye Qing

Abstract: The Shanghai Pilot Free Zone is a testing ground for China to promote the reform of its economy by making it more open to the outside world.  One advantage of the Shanghai Free Trade Zone is its innovative institutional features, which can play an important role in attracting talent to China.  In particular, the zone is an effective economic measure aimed at building a special residence permit system, while also innovating the Shanghai Free Trade Zone’s population management on the basis of the current ordinary Shanghai residence permit.  Immigration law which serves as host law can provide the corresponding legal protection.

Keywords: Shanghai Free Trade Zone, special residence permit, system conception, legal protection

B.13 “Free-Trade-Zone Pass” System with Strategic Value

-Based on the Logical Close Relationship Between Free Trade Zones and Entry or Exit Convenience for Foreigners

Jing Changling

Abstract: Throughout the world, a close logical relationship exists between  free trade zones or regions and entry/exit convenience for aliens.  China’s (Shanghai) pilot free trade zone, as well as the Chinese cities and regions that are vying to become free trade zones and will probably soon achieve this status, all occupy small and fixed areas, have multiple functions, and the  right to establish their own systems.  These free trade zones are marked by high concentrations of aliens who may enter or leave China frequently and reside permanently or stay for short periods of time.  Their main activities take place in the cities where the free trade zones lie or in other metropolises where they can do business.  Given these features of current and future free trade zones, China needs to create a new management system on the entry and exit of aliens, namely “free-trade-zone pass” system.  Having received a free-trade-zone pass, a qualified alien can go through a special expedited entry/exit self-service port and enjoy visa-free or long-term visa treatment, the right to reside for a long time in the city where a free trade zone is situated, and be able to travel freely throughout the Chinese Mainland.

Key words: free trade zone; strategic significance; aliens; entry and exit convenience

B.14 Research on the Cultural Identity and of Overseas Chinese Returnees and Measures for Integrating them back into China:  A Sociological Perspective

Liu Yimei

Abstract: The structural transformation of living conditions, transition mechanisms for coping with a new environment, along with accompanying adjustment of ideas and interests, clearly change the behavior, life-style, and value systems of individuals choosing to migrate.  Chinese returning from overseas have often found themselves caught in a cultural identity dilemma after undergoing baptism in an exotic foreign culture.   The cultural identity problem makes it necessary for newly returned overseas Chinese adapt and integrate back into the society of their mother country.  With aim of helping Chinese overseas returnees overcome this difficulty, the paper analyses the influential factors underlying  cultural identity problems and puts forward some specific measures to strengthen the cultural identity of such individuals on a variety of fronts in order to speed up the pace of their social integration back into China.

Keywords: Returned Overseas Chinese; cultural identity; dilemma; countermeasures

B.15 Experience Analysis of Management and Services of Aliens in Foreign Metropolitan Areas

Li Li

Abstract: With increasing numbers of foreigners coming to China, the total of illegal immigrants residing in the Middle Kingdom is also on the rise.  This trend underscores that the  legal system of managing and providing services to aliens needs to be improved.  This paper takes the heterogeneity of alien legal rights in China as its starting point, highlighting the strong points in this area of conurbations in the United States, Britain, France and Japan, so as to provide practical suggestions for optimizing the Chinese system for managing alien residents and providing services to them in Beijing.

Keywords: international metropolitans other than Beijing; foreigner’s administration and services; Beijing city

B.16 An Investigation on the Application Procedures for Obtaining a Foreign Expert’s Certificate

Feng Yetao

Abstract: Application of the Foreign Experts Certificate should be operated according to  prescribed conditions and procedures.  Application procedures for a Foreign Experts Certificate in the economic and technological categories differ from those of the cultural and education category.  The implementation mechanism for Qualification certification procedures used in employing  cultural and education foreign experts differ by varying degrees from the regulations of normative documents.  Certifying that foreign experts working in China have no record of past criminal activity continues to play a tentative role, while reform of the visa notification letter system for authorized mechanisms has yet to be undertaken.  I conclude that meeting the requirements of the Party and Government with respect to deepening reform and rule of law, application procedures for Foreign Experts Certificates need to be changed to make them both more scientific and humane.

Keywords: Foreign Experts Certificate (Economical and Technological Category), Foreign Experts Certificate (Cultural and Educational Category), Certificate of no criminal, visa notification letter

B.17 Building China’s Skilled Migration System

-Experiences from the European Migration System and the Points System in Hukou Reform.

Wang Hui

Abstract: This paper investigates the policies and regulations on residence and work permits employed by the European Union migration system, as well as the points system, which has been adopted in reforming the Chinese Hukou.  The former category is related to the work and skill labor migration policies commonly used by the European Union and its member states to recruit highly qualified individuals to work in Europe.  The latter is an instrument to attract domestic talent through a points evaluation applied by local Chinese Governments.  I argue that both foreign and domestic approaches serve as useful reference points in building China’s skilled migration system.  Constructing a skilled migration system requires an evaluation mechanism, combined macro- and micro-labor market analysis, as well as an integrated migration policy encompassing both independent and skilled denominated migration policies.

Key words: European Union Migration Law, European Migration System, Points System,China’s Migration System

B.18 Postscript