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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 modified on Sep. 10, 2019 -

Questions & Answers on Overstaying in China & Penalty

Asked by Bruce from INDONESIA | Oct. 14, 2019 19:53

what happens if someone overstay their visa for more than 15 days?

Answers (1)

Answered by Howard from USA | Oct. 15, 2019 20:27

The person may face a fine, about CNY 500 for one day, but the totalled value is not more than CNY 10,000. Then he or needs to buy a return ticket to leave China.

Asked by Azm from MARS | Oct. 11, 2019 21:00

I was working with X1 visa then deportation

Hi,
I was working with X1 visa, then police said I am ok and I do not need to worry about anything since it was the first time for me, Suddenly after 20 days police file a fine on me by 10k and he signed on my name and duplicated my finger print. when i went to immigration office in Kunshan, I got shock because things was settle down at the police station and we agreed to not work again until i get my work permit which i was waiting for it. I told the police I do not have 10k this time and I am waiting for my work permit and things were ok. I got upset at him because he signed my name and duplicated my finger print. I told him this is illegal and you can not do that, he disappear for 30 minutes he came with deportation decision with 5 years banned , they took my finger print on A4 papers at the police station and sent to PVG and they deported me ,,, my question is that they did not stamp my passport at the exit or toke my finger print at PVG airport shanghai, Do you think I am banned for 5 years in the system because my visa still valid until 2020 May ? or they were threaten by me because I said I want to go to court and settle things there. I took photos of duplicated finger print and signature as well ? now I am planning to fly to china with my X1 visa and I already have business licences from shanghai and they want me to come back ,,,,

Answers (2)

Answered by John Doe | Oct. 12, 2019 20:14

The police already fingerprinted you twice and now you are hoping that border control (spoiler alert: also cops) won't find out? Time for a reality check. BTW it's always unwise to piss off cops in a place where they are the judge, the jury and the executioner.

Answered by John Doe | Oct. 12, 2019 20:17

If you insist on flying then at best you will be refused entry (this time with your visa cancelled), at worst you will be given administrative detention.

Asked by Zohaib from PAKISTAN | Oct. 09, 2019 05:34

Drunken drive

hello I had a drunken drive traffic accident in Chengdu and high court give me three month’s probation time , soon my probation will be finished but the office who is handing my case he told me I’ll be deported and then apply with a new visa . But I plan to marry here with my Chinese Gf and change my x1visa into spouse visa , will that work for me ? Is it possible for me to change visa without exit ?.

Answers (1)

Answered by John Doe | Oct. 09, 2019 20:04

If you are ordered to leave the country and already has an exit visa then they obviously will not accept your application.

Asked by Kevin from NETHERLANDS | Oct. 06, 2019 11:01

Visa overstay question

So i recently overstayed my visa in china for 2 months, and long story short they told me i need to go back to my home country to reapply... Can i go reapply somewhere like thailand instead? Or will they reject me for sure? Does someone know? 🙏 (i was not blacklisted due to the overstay, fine only)

Answers (2)

Answered by John Doe | Oct. 07, 2019 09:08

There were already a bunch for data points online that indicate CVASCs in Thailand not accepting applications from those without at least a work visa. HK is not an option either as many renewing Chinese work visas there were told to go home to do the paperwork.

Answered by Ryan from ENGLAND | Oct. 11, 2019 03:11

In Thailand they don't allow almost no one. I have a baby and they wont even give me a tourist visa