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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.
 

Do I Have A Grace Period?

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.
 

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?

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.
 

How Do I Prevent Unintentional Overstaying in China?

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.
 
- Last updated on Sep. 05, 2024 -
Questions & Answers on Overstaying in China & Penalty
Asked by Rozelle from SOUTH AFRICA | Sep. 10, 2024 05:15Reply
Unintentional Overstay
Hi. I have a friend who is in his 90day overstay in China. He was employed in China but got fired for no valid reason, not even a warning. The company he worked for scammed him, therefor he can not renew his Visa. He is currently unemployed with no financial assistance and no one in China wants to assist and yes the people in China are not very friendly. He desperately wants to go home to his family and children but no one wants to help. I desperately want to help him but am not financially equipped to do so. He also got in touch with the embassy there, but was told they can not help him. Can anybody help please. This man is on the verge of giving up on life, because he is alone in an unfamiliar place with no friends or family. We just want him to come home.
Answers (1)
Answered by Daniel | Sep. 10, 2024 23:54
00Reply


He need to go to the local exit and entry administration to pay the fine for the overstay, then he may be given a stay visa and then asked to leave China. I found no other solution for him. Sorry:(
Asked by Harris from LIBERIA | Sep. 05, 2024 07:48Reply
Visa overstay for 2 days
Please have 2 days overstay, I went to do a T. visa, I thought the immigration gives me 30 days but instead gives me 10 days , I left Nantong to come and do the T visa in Beijing, I sent my receipt to my friend to pick up my passport from the immigration when it reached me, I saws my visa got expired on September 4 and I was traveling to Beijing on the 5 and arrive on the 6 , can I be forgiven in this case because the expired date was not communicated to me , I am really worried now.
Answers (1)
Answered by Emily | Sep. 05, 2024 19:51
00Reply


You may be forgiven for the only 2-day overstay but may be warned and collected fingerprint as I know from other cases.
Asked by Akash from BANGLADESH | Sep. 03, 2024 06:37Reply
2 days overstay in china
Hi I'm Akash. I'm a x2 student visa holder in China. My teacher made a mistake she told me my visa will expire on 4 September but on 3rd September i went for visa extension but immigration officer said my teacher was wrong my visa has been expired on September 1. So i immediately went to police station and reported. Now is there will be fine for me? Or they will just warn me?
Answers (1)
Answered by Emily | Sep. 03, 2024 18:41
00Reply


Since you overstayed for only two days, perhaps you do not need to pay the fine, they may warn you and may take your fingerprints. But don't worry, there won't be a criminal record.
Asked by William Robert from TANZANIA | Sep. 02, 2024 08:04Reply
Overstay in China for 64 days
Hello I'm William i overstay for 64 day in China and paid fine of 10000 rmb now I'm applying Uk student visa overstaying in China for 64 day can cause my UK visa rejection
Answers (1)
Answered by Michael | Sep. 02, 2024 09:41
00Reply


Goodness me. I assume the buildup of time in this case constitutes a more serious case than others in the Q & A, and in your case I believe things are going to be quite difficult. Unfortunately there isn't many solutions that I can think of except if you claim you were applying for a temporary residence permit.
Asked by flo ang from MALAYSIA | Sep. 01, 2024 07:02Reply
hubby accidentally overstayed in guangzhou for five days
hi, my hubby has accidentally overstayed in guangzhou for an extra 5days and was declined to board his flight.. the official ask him to exit the airport & find some official dept for the extension.. can someone assist us on how & where he can go to get this done? none of the airport staffs can give us an answer.. please help
Answers (1)
Answered by Joshua | Sep. 02, 2024 02:17
00Reply


As I know, he needs to go to the local PSB to state his situation and pay the fine for the overstay, then go to the local exit and entry administration to apply for a visa.
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