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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 Dec. 30, 2019 -

Questions & Answers on Overstaying in China & Penalty

Asked by DT from CANADA | Mar. 29, 2020 21:03

Was granted a 人道 Visa because student visa was canceled, however flight was just canceled

My student visa was cancelled because I will be leaving back to Canada. Thereafter the local bureau granted me a 10 day 人道 visa. However, the day after this was granted, my flight was cancelled. Now the earliest flight departing China is one day after the 人道 visa expires, which I've rebooked.

- Do I have any options here?
- Can I extend the 人道 visa again? In another local bureau office from where I studied?

Answers (1)

Answered by Judy from USA | Mar. 30, 2020 00:06

Due to the special situation, I think you can extend the 人道 visa again at the local bureau office in the city where you live now.

Asked by Brian from UGANDA | Mar. 26, 2020 20:26

I have my friends whom they have detained for more than 15 in China because of over stay what could

Answers (1)

Answered by John Doe | Mar. 28, 2020 10:57

One possiblity is that the 15-day detention only starts after all investigations have concluded. Days detained during investigations are not considered a part of the 15-day period. Another is that he has been convicted of working without a permit which comes with another 15-day detention and a fine of 20,000 CNY.

Asked by john doe | Mar. 15, 2020 04:15

i would like to know if its possible for my school to cancel my residence permit in the system

so my school notified me that they are going to cancel my residence permit soI want to know if its possible for them to cancel it while i am the one in possession of the passport,and while my permit expires in July 2020 am I at risk if i leave China beofre then though the school claims to have cancelled it

Answers (1)

Answered by Henry from UNITED KINGDOM | Mar. 15, 2020 18:50

The school is able to cancel your residence permit at the local exit and entry administration if it founds out that you did not abide by the immigration laws of China.

Asked by Abood from JORDAN | Mar. 13, 2020 15:53

Visa

My friend had a visa for 30 days and he stayed in China for 226days , i mean 7 months he was imprisoned for 12 days and the police was given a T visa and it was written deportation on the visa for 10 days and he got out of China can he go back to China

Answers (1)

Answered by John Doe | Mar. 13, 2020 22:01

It is likely that he is banned from entering the country for at least a few years. He should not apply for a visa in the next 3-5 years.

Asked by Roby from CHINA | Mar. 10, 2020 21:17

Overstay of a baby with Indian passport due to crona virus mother is Chinese citizen

Overstay of a baby of 10 months with Indian passport due to emergency situation of cronavirus in India and China
mother is Chinese citizen
We are currently at hometown in guangdong province
Chinese passport is not allowed to enter India
When we having valid ticket and visa to fly but on reaching guangzhou airport the airline told can't fly as the baby is flying with mother and mother has China passport
And China passport was not allowed to go to India now baby visa is at overstay of 15 days
Can anyone suggest what to do now

Answers (1)

Answered by John Doe | Mar. 11, 2020 06:32

The penalties relating to overstays caused by the epidemic have been waived or reduced so it won't be a big deal as before. Just go to the local NIA office when you have a chance and explain this situation and they will accomodate. You should consider getting a family-based residence permit by the way as that can be valid for 5 years.