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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 Mar. 03, 2019 -
Questions & Answers on Overstaying in China & Penalty
Asked by rana from PAKISTAN | Mar. 15, 2019 00:07Reply
how much he need to pay to police
i am rana one of my friend living china last 3 years without visa now he want to go back home
Answers (1)
Answered by John Doe | Mar. 15, 2019 17:09

The largest amount that can be charged is capped at 10,000 CNY. However 3 years is a very long time, so he will be detained by the police and blacklisted from the country for a decade.
Asked by jj from SPAIN | Mar. 13, 2019 09:51Reply
Will they check for criminal record,how bad does it have to be?
Answers (1)
Answered by John Doe | Mar. 13, 2019 14:48

If you are talking about overstaying in China and wanting to leave, then yes, they do check whether you have any criminal record in China, including unpaid fines. Plus you won't be able to leave if you are blacklisted from leaving China, which usually happens when you are named in a civil suit that is not yet concluded.
If applying for a long term visa overseas (e.g., study/work visa or family-based residence permit) then police certificate is mandatory from your country of citizenship plus any other country you've resided in. Short term visa applications are rarely asked to provide such certificates.
Asked by mary from PHILIPPINES | Mar. 02, 2019 19:13Reply
overstay. can they still detain me in jail or not anymore?
hello .seek advise . i'm overstay for 4 months here in china if i surrender in local police and pay fine to go back in my origin
Answers (1)
Answered by John Doe | Mar. 03, 2019 07:51

Depending on where you are right now 4 months may or may not get you detention (the law only says that detention will be enforced when the period of overstay is long enough to be considered "serious"). You should do this ASAP because 6 months seems to be the bar in some areas.
Asked by belle from ZAMBIA | Feb. 28, 2019 23:27Reply
if you overstay in china for 6 months and you are detained for , do they tourture you and harm you ?
if you overstay in china for 6 months and you are detained for 15 days , do they tourture you and harm you while you are in their custody ?
Answers (1)
Answered by John Doe | Mar. 02, 2019 14:02

Haven't read any reports about that so far although the condition seems to be only marginally better than jail.
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