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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 Jan. 21, 2019 -
Questions & Answers on Overstaying in China & Penalty
Asked by Emma from FRANCE | Jan. 17, 2019 23:38Reply
Overstaying two times on student visa
Hey, I have a friend that studies in China, he already overstayed last year (less than 10 days), he paid the fines and got another visa which expired December 31st 2018, as of today he still hasn't renewed his entry permit while the university is urging him to do so (I don't know his reasons...). So he's been already overstaying for 18 days, my questions would be after his first record of last year, does he have a chance to get another entry permit after paying the fines? Or will he has a greater chance to get into detention and later deported back to his country (Ghana)?
Answers (2)
Answered by Williams from RUSSIA | Jan. 20, 2019 17:38
00Reply


Hi, personally I think he would has greater chance to get into detention and later deported back to his country. He is advised to renew the visa as soon as possible.
Answered by Emma from FRANCE | Jan. 21, 2019 18:08
00Reply


Well, I will post his story so maybe it will help some others in the group. Actually, my friend never renewed his visa last year (we all thought he did and just paid a fine for overstaying a bit). The school also thought so until the end of December where it was time to renew the visas again for all the students. Therefore, after urging him for some time, the university decided to report him to the police where we actually discovered he was not overstaying for 20 days but rather for 10 MONTHS! He was taken into custody for a whole day, where they called his parents to pay the 10k fines then got into detention for 10 days. He will be deported back to his country 5 days after he will be released, of course, he will have a police escort all the way and the expenses are taken care of by his parents: fines, deportation fees, plane ticket. Please follow the law guys!
Asked by Amor from UNITED STATES | Jan. 10, 2019 15:08Reply
Will I be able to re-enter if I have overstayed 5 days
My entry permit is multiple entry for 10 years, each entry being 60 days. It's my first time overstaying and I was told I need to apply for an exit visa. I was was wondering if I would be able to reenter china after a week in Hong Kong despite me overstaying 5 days
Answers (2)
Answered by Angel from UKRAINE | Jan. 10, 2019 19:30
00Reply


Maybe you would be able to re-enter. You can have a try. Good luck.
Answered by Amor from USA | Jan. 11, 2019 00:25
00Reply


All good went to the immigration office and I have to pay for an exit visa but my 10 year visa will still be valid
Asked by Jhay from CHINA | Jan. 08, 2019 21:20Reply
Visa expires the date of departure but got connecting flight
My M type expires on 25th and my departure date is on the same day but i have a connecting flight the next day in Xiamen to Philippines, is it considered overstayed?
Answers (1)
Answered by Jordan from THAILAND | Jan. 08, 2019 22:06
00Reply


Sorry I cannot guarantee that. You are advised to contact the exit and entry administration of the local PSB to inquire.
Asked by Karen from PHILIPPINES | Jan. 08, 2019 01:17Reply
Is there any option to come back china after overstay for 500 days? Is it totally blacklisted?
Answers (1)
Answered by John Doe | Jan. 08, 2019 05:32
00Reply


The maximum legal exclusion period is 10 years. However, as your information may be permanently recorded on file, there's no guarantee that you will ever receive a visa since the issuance of visa is solely the decision of a different country's, and unlike some countries, there is no requirement for the Chinese consular officer to ignore your overstay record.
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