Overstaying in China & Penalty
Overstaying, also called illegal residence, means that one remains in a country after his/her visa or residence permit has expired. If an alien’s total length of stay in China exceeds the appointed time on the visa, it will be deemed to have overstayed the visa. For instance, if a foreigner enters China on June 19 with a 30-day visa, he is supposed to leave on July 19. Since the stay length in China is counted from 00:00 the next morning following the entry date, if the foreigner leaves on July 22, he will have overstayed his visa by three days.
Note that if the scheduled time on your departure ticket is later than your visa’s expiration time, you will be regarded as having overstayed even if you go through the immigration inspection before the visa expiration time. However, if your scheduled departure time precedes the visa expiration time, but the carrier changes the schedule, you won’t have overstayed your visa.
According to the current policy, there is no grace period for illegal aliens overstaying in China, so overstaying your visa is not recommended. However, if you have overstayed your China visa for only one or two days, go to the exit and entry administration of the local PSB (Public Security Bureau) to apologize and explain the reasons. In this case, you might not need to pay the fine.
If you have overstayed your visa in mainland China, you should report your situation to the local police station as soon as possible, pay the fine, and then apply for an exit permit to leave the country.
In order to prevent unintentional overstaying, you should remember your date of entering the country and length of your visa. Moreover, you should learn how to calculate the stay length. Understanding that the stay length is counted from the next day is critical to prevent overstaying in China unintentionally. In addition, if you want to stay longer, you can apply for an extension 7 days before your visa expires.
Note that if the scheduled time on your departure ticket is later than your visa’s expiration time, you will be regarded as having overstayed even if you go through the immigration inspection before the visa expiration time. However, if your scheduled departure time precedes the visa expiration time, but the carrier changes the schedule, you won’t have overstayed your visa.
Do I Have A Grace Period?
What Are the Penalties for Overstaying in China & How Much Does It Cost?
Based on the current immigration regulations, there are different punishments to foreigners according to the length of the overstay.
1. Aliens overstaying the visa or residence permit for a short period will be given a warning and be required to pay a fine. Usually, the penalty is CNY500 per day not to exceed CNY10,000.
2. If one overstays the visa for a significant period, usually over one month, he might be put into a detention camp for 5 to 15 days and repatriated to his home country. It's possible he will be blacklisted, which will affect his re-entry to China, and he may be prohibited from entering the country for ten years. In addition to this, it might also influence one's visa application for other countries.
What Can I Do after Overstaying?
How Do I Prevent Unintentional Overstaying in China?
- Last modified on Jan. 21, 2021 -
Questions & Answers on Overstaying in China & Penalty
Asked by Naveen from INDIA | Feb. 16, 2021 04:52
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Does an overstay considered as criminal offence, if it was not intentional?
I overstayed one day because of a missing flight, I was given a hotel to stay in and the next day when I had to exit China Shanghai, I had to pay the fine for one day 500 yuan, is it going to be on my record? I was issued the letter stating illegal stay?
Asked by Charles from CHINA | Feb. 06, 2021 09:08
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What if I quit my job and stay on a residence permit?
I quit my job recently. Still have several months left on the resident permit. Can I choose to not get another work visa and only stay on a residence permit?
Answers (1)
Answered by Annie | Feb. 09, 2021 22:27
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It is risky to do this. You had better change your residence permit to a 30-day visa at the local exit and entry administration.
Asked by Morgan from USA | Feb. 04, 2021 21:57
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Visa expiration, waiting for documents to renew.
Hello,
I'm a teacher in Shanghai and finished my first job at a training center to work at a kindergarten. My Visa expired in January and I'm still waiting for my authenticated documents to come in from the USA in order to get my new work visa permit.
The PSB issued me my second and final 30-day visa extension as long as I have my documents in China within the next 30 days. Due to the state of the USA with Covid, there's a chance that my documents won't make it intime.
Is there any method to avoid deportation if my documents aren't delieverd to China intime? Thank you.
Best,
Morgan
I'm a teacher in Shanghai and finished my first job at a training center to work at a kindergarten. My Visa expired in January and I'm still waiting for my authenticated documents to come in from the USA in order to get my new work visa permit.
The PSB issued me my second and final 30-day visa extension as long as I have my documents in China within the next 30 days. Due to the state of the USA with Covid, there's a chance that my documents won't make it intime.
Is there any method to avoid deportation if my documents aren't delieverd to China intime? Thank you.
Best,
Morgan
Answers (1)
Answered by Mindy | Feb. 17, 2021 17:22
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Dear, if you can't get a visa extension before your current 30-day visa extension ends, you have to leave China, otherwise you will overstay in China.
Asked by Alex from NETHERLANDS | Jan. 24, 2021 23:47
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Denied boarding before arriving at the airport and saying 3 days over,
my original flight is jan 29 altough i can not fligh back due the transit errors in that country.
My visa experice 31. and the first flight that goes diractly to my country is Feb 3 is it able to make an exuse?
My visa experice 31. and the first flight that goes diractly to my country is Feb 3 is it able to make an exuse?
Answers (1)
Answered by Amanda | Jan. 31, 2021 22:34
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You can go to the nearby exit and entry administration, explain your situation, and ask for a visa extension.
Asked by Pauline from KENYA | Jan. 21, 2021 01:28
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Pu letter
Who qualifies for a PU letter? Can a kindergarten teacher qualify?
Answers (1)
Answered by Janet | Jan. 31, 2021 22:24
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Pauline, those who are in emergent cases may qualify for a PU letter. You can ask your employee to se if you qualify for the PU letter.