Home / Embassy / Visa /

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 modified on Nov. 13, 2018 -
Questions & Answers on Overstaying in China & Penalty
Asked by Michaearlla from BURUNDI | Nov. 13, 2018 14:10Reply
Overstayed for 7 months
I overstayed in china for 7 months I paid my fine now am back home since 2016 till now I want to go back is it possible I can apply for visa
Asked by Eva from NIGERIA | Nov. 12, 2018 03:10Reply
If one overstayed for more than 2years what will be the penalty
Answers (1)
Answered by Tina | Nov. 12, 2018 18:07

You may need to pay the fine of CNY 10,000 and complete your detention for up to 15 days. Afterwards you'll be banned from the country for a while.
Asked by Orlando Pedro macamo from MOZAMBIQUE | Nov. 10, 2018 03:36Reply
after my over stay of two months I want to know when I can come back for business
Answers (3)
Answered by Emma | Nov. 11, 2018 19:45

If you can apply for an exit pass from the local PSB, you can use it to leave China.
Answered by Orlando Pedro macamo from MOZAMBIQUE | Nov. 11, 2018 22:25

I have already leave china, I was detented for seven months, I bought my ticket my self and paid registration
Answered by Orlando Pedro macamo from MOZAMBIQUE | Nov. 11, 2018 22:32

Those immigrants in yuetshu Guangzhou detention are criminal and they are very very wicked they are treating Africas very bad we never treath Chinese like that in our country
Asked by Jide from NIGERIA | Nov. 10, 2018 01:45Reply
How many years will they detained me for overstaying for 4years
Answers (1)
Answered by Warren from DENMARK | Nov. 11, 2018 19:43

It would be not more than 15 days, I suppose.
Asked by Linda from CAMEROON | Nov. 09, 2018 00:00Reply
To solve overstay problem which is better , is it to go to your embassy for help or to go to PSB
I Have overstayed in China for 2 and half years now, I want to surrender myself. I wish to go to my embassy first. Will this help me in any way?
Answers (1)
Answered by Wilder from RUSSIA | Nov. 09, 2018 01:51

You are advised to go to the exit and entry administration of the local PSB for that.
Ask a Question
Question Summary (100 characters)
Details (optional) (2,000 characters)
media recommendationfeatured on media