Reform Proposal On The Chinese Migration Legislation

This research raises the issue of the right to freedom of residence of migrant students and workers in China after the expiry of their study or work period. In fact, by the Exit and Entry Administration Law of the People's Republic of China, foreigners who stay or reside in China shall leave China prior to the expiry of the prescribed duration of stay or residence. This measure also applies to migrant students and workers to leave Chinese territory before the expiry of the prescribed duration of residence linked to the duration of their study or work period. This is how the student and work visas granted to migrant students and workers are issued to expire after two weeks to a month counting from the date of the termination of the study or work period. This situation does not allow migrant students and workers who have just completed their study or work period to have a reasonable time to stay in Chinese territory legally to seek a job or a new job, or to create a startup to continue residing in China, causing insufficiency of conformity to Article 13 of the Universal Declaration of Human Rights.

Autorentext

Jonathan Gsell Mapa is a Doctor of Law and post-doctor researcher at the Law School of Wuhan University, China, researching International Human Rights and International Migration Law.