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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 updated on Apr. 22, 2024 -
Questions & Answers on Overstaying in China & Penalty
Asked by Justin seem | Apr. 21, 2024 01:56Reply
Overstayed and cleared
I went China in 2011 first time & I studied till January 2017. Then I got business visa & at the end work visa. But in COVID pandemic I lost my visa and I got overstayed. I cleared the overstayed I left China without any jail . I paid fine for my overstay . Now I want to ask , am I able to get another visa to go back again ? I really miss China because I lived there for 13 years.
Answers (1)
Answered by Joshua | Apr. 22, 2024 02:31
00Reply


How long did you overstayed? If not over one year, then you still have a chance to get a visa after a certain period of time (may be one year) considering the pandemic is irresistible and you did't mean to overstay. If over one year, then you may be not allowed to apply within 5 years. You can consult the consulate-general for policies.
Asked by Atria from PHILIPPINES | Mar. 16, 2024 20:32Reply
Report an illegal worker
How can we report an illegal worker in china so the person can be deported in the Philippines
Answers (2)
Answered by Marcy | Mar. 19, 2024 01:37
00Reply


You can try to contact the National Immigration Administration of China by calling 12367.
Answered by H | Mar. 21, 2024 16:41
00Reply


Why report your own country mate , you must be evil to the core to do so !
Asked by elis from PHILIPPINES | Feb. 21, 2024 01:10Reply
My cousin overstayed for a day
Hi, my cousin overstayed for a day with a X2 visa. Can we still apply for an extension visa?
Answers (1)
Answered by Emma | Feb. 22, 2024 18:43
00Reply


It is better to confirm with the local entry and exit administration bureau.
Asked by Melvin from MALAYSIA | Jan. 23, 2024 05:09Reply
How and where to extend free visa if hospitalised during the visit?
Would like to seek assistant. My brother was admitted to hospital for surgery during the free visa period. How could we extend and get assistant on this matter?

Your help is really appreciated
Answers (1)
Answered by Jessica | Jan. 23, 2024 18:24
00Reply


Hi, it is suggested to get a temporary visa at the local entry and exit administration bureau.
Asked by Yaseen from SOUTH AFRICA | Jan. 16, 2024 13:57Reply
Hi, i am currently in china with an S2 visa which expires very soon. I have found a job in beijing a
Hi, i am currently in china with an S2 visa which expires very soon. I have found a job in beijing and they already started the work permit application. Thereafter, i still need to apply for Z visa. Would this be possible since my current visa is expiring in a few days time?
Answers (1)
Answered by Lisa | Jan. 16, 2024 21:56
00Reply


Some cities ruled that Z visa needs to be applied in your home country so you'd better confirm with the local entry and exit administration bureau.
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