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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 Jun. 07, 2020 -
Questions & Answers on Overstaying in China & Penalty
Asked by HOPEFOREVER17 | Jul. 07, 2020 06:06Reply
60 day automatic visa
today I went to the immigration office PSB in Beijing, and they told me there is nothing we have to do as well. Everyone is getting an automatic 60-day extension. My WORK and RESIDENT permit is valid on July 14. I want to return home, but because there are no flights in the epidemic. The government is arranging some charter flights The plan is July 29, but it has not yet been decided. It should be around the 29th. I have a registration form for accommodation opened by the local police station. It is valid until September 6. Do I need to extend or apply for a visa 60 day visa because of the epidemic? what kind of application do I need to apply for and what information do I need to prepare? I'm sort of stranded with legal issues. I don't want to get into any trouble in Beijing.
Answers (6)
Answered by MC from CANADA | Jul. 07, 2020 20:36

Hi just want to confirm you went to immigration office on July 7? and 60 days visa automatic extension is still valid?
Answered by HOPEFOREVER17 | Jul. 07, 2020 21:38

Yesterday I went to Public Security Bureu. And I got ticket to wait to talk to the visa officer. He said that after 14July I get automatic extencion visa for 60 days because of the epidemic. They said they won't put visa in my passport. Because it's online automatic visa. I want to confrim it with the airport if it is true. Because i don't want to be illegal and face any problem with my online automatic visa. Can you please help me to confirm with the airport of it is true.
Answered by MC from CANADA | Jul. 08, 2020 01:17

Thanks. I'm not in Beijing but you may call this phone number to double check: 010-56095400
Please let us know what answer you get
Answered by HOPEFOREVER17 | Jul. 08, 2020 17:25

Sure I will let you know.
Answered by HOPEFOREVER17 | Jul. 08, 2020 17:28

By the way what government number is it PSB or Beijing international airport number. Thanks
Answered by MC from CANADA | Jul. 08, 2020 19:49

It is the number of Beijing Exit & Entry Frontier Inspection Station, the place where your passport gets checked at airport
Asked by L from TRINIDAD | Jul. 05, 2020 20:33Reply
Permit & Passport
I'm a student and was supposed to go back to my country but due to COVID-19 borders are closed and I can't enter the United States where I have family because of the entry ban so I'm sort of stranded with legal issues. My temporary residence permit is going to expire soon but another problem is my passport is going to expiry by September as well! The embassy in Beijing isn't even open and I really want to go back to my country. What can I do? I don't want to get into any trouble here.
Answers (1)
Answered by Amanda from USA | Jul. 09, 2020 00:06

You need to leave as soon as possible, or contact the embassy of your country in Beijing to see how they can issue you a new passport.
Asked by Helen gadnanan from PHILIPPINES | Jul. 04, 2020 01:04Reply
problem about visa
mam im a student here in beijing my visa expire on july 30.i want to go home in the philippine and no flights also going in my country.can.u help me what can i do...

Answers (1)
Answered by Sandy from UNITED KINGDOM | Jul. 05, 2020 19:28

Helen, you can see if you can transfer the flight in another country in order to go back.
Asked by Angel | Jul. 02, 2020 03:29Reply
Extension period and work permit expired
Hello, my 2 month visa extension will expire on July20th, 2020. During these 2 months I got a new job but they have taken too long to process the new work permit as my last one expired due to my ex employer failed to cancel it within the time limit. Now I need a criminal record from my home country which will take forever. Now, There aren't available flights to my country. Can my visa be extended again? What can I do about it? I am quite worried!
Answers (1)
Answered by Gill from AUSTRALIA | Jul. 05, 2020 19:42

You can go to the local exit and entry bureau to try to apply for another visa extension.
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