Foreigners are Detained for Review for Illegal Employment. How Long is the Detention Review Period?

2020/1/16

Foreigners living and studying in China sometimes get into trouble for illegal employment. Some foreigners come to China with tourist visas but have found a job in China. Their illegal employment behavior was later discovered by the Chinese government, and after questioning, they were detained for review. How long will the detention review take? 

If he/she is suspected of illegal employment, the foreigner shall first go through the inquiry of the relevant department. If the inquiry cannot be investigated clearly, he may be detained for review. According to Chinese law, when foreigners are detained for review, the Chinese government will show them the written decision on the review of detention, which will specify the reasons for the review of detention.

After being detained for review, the foreigner should be questioned within 24 hours. The duration of a detention review normally does not exceed 30 days, but the period begins on the date when the foreigners' nationality and identityare ascertained. In other words, if the foreigner is vague and unable to report his home, and the relevant authorities are unable to find out the person's identity, the time spent before finding out his identity will not be counted as part of the detention review period. If the foreigner's case is complex, the detention review period may be delayed to 60 days.

We suggest that foreigners, whether detained for illegal employment, illegal residence or other reasons, should actively cooperate with relevant authorities in their investigations. Foreigners who refuse to accept the decision of the government agency shall seek the help of a lawyer and protect their rights and interests through legal channels.