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.
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.
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.
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.
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?
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?
How Do I Prevent Unintentional Overstaying in China?
- Last updated on Apr. 29, 2023 -
Questions & Answers on Overstaying in China & Penalty
Asked by Mariana from BRAZIL | Aug. 19, 2023 08:54Reply
2 years outside China.
Hey buddies.
In 2022 I contacted a visa agent to help me exchange visas but he turned out to be fake in the end.
Unfortunately I was overstayed for 20 days without even knowing that I was committing a crime (I was in Sichuan, the fake agent told me that he sent my information to Guangzhou and I wouldn't have to worry about the visa expiring. Well, I I woke up to the police officer taking me to the police station kk).
The police were kind to me as I requested help with the visa much earlier than the fake agent (they even congratulated me for doing the right thing *-*).
I paid the fine 5krmb and the PSB gave me 1 month visa extension .
My friends told me that the fact that I get 1 month extension even after overtstay is a good sign.
I'm currently in my home country and I plan to return to Sichuan in 2024, in wich I will complete 2 years outside China. Do you guys think I can get a student visa without major problems?
In 2022 I contacted a visa agent to help me exchange visas but he turned out to be fake in the end.
Unfortunately I was overstayed for 20 days without even knowing that I was committing a crime (I was in Sichuan, the fake agent told me that he sent my information to Guangzhou and I wouldn't have to worry about the visa expiring. Well, I I woke up to the police officer taking me to the police station kk).
The police were kind to me as I requested help with the visa much earlier than the fake agent (they even congratulated me for doing the right thing *-*).
I paid the fine 5krmb and the PSB gave me 1 month visa extension .
My friends told me that the fact that I get 1 month extension even after overtstay is a good sign.
I'm currently in my home country and I plan to return to Sichuan in 2024, in wich I will complete 2 years outside China. Do you guys think I can get a student visa without major problems?
Answers (1)
Answered by Bruce | Aug. 21, 2023 00:39
00Reply
Yes, it should not be a problem as you got the extension even after overstay. Good luck~
Asked by Lathrop from USA | Aug. 11, 2023 11:02Reply
Exit Visa from Xiamen
Once a fine is paid can the exit visa be obtained quickly? I am going to police to pay my fine then to immigration on Saturday and my flight is Sunday evening. I had no funds until Saturday is why it’s last minute.
Answers (6)
Answered by James | Aug. 13, 2023 20:40
00Reply
It is hard to say. If you overstay too long, you may also have some days detention.
Answered by John | Aug. 14, 2023 00:09
00Reply
How did you case go please. I’m in the same situation.. fined waiting to receive money to pay them..and apply for the exit permit.
Answered by John | Aug. 14, 2023 00:11
00Reply
If you are only fined by the police can the immigration guys detain too after you pay the fine?
Answered by Lathrop | Aug. 14, 2023 08:56
00Reply
Paid the fine $9k RMB then had to go to get covid test(neg) then waited at immigration office but had to make an appt for paperwork the next day. Hoping to only pay for exit visa now and will get on my flight which I had to change to Thursday. If you turn yourself in they work with you. Also can’t pay anything with cash have to have a bank account or debit card. Learning the hard way.
Answered by John | Aug. 14, 2023 23:29
00Reply
Thanks for the info Lathrop. But why were you waiting at the immigration? Another interview? I thought after the fine is paid you apply for the visa just normally like the way we always do..or do they have to deliberate on the case again?
Answered by Lathrop | Aug. 15, 2023 07:05
00Reply
Had to show them you have a flight ticket already to leave and lots of documents needed to fill out etc. Best to go to the facility and wait your turn. You are limited on how long you have after paying your fine. Once you get your visa paperwork done they hold your passport and the visa until 24 hours before you go. Only 14 days allowed or you start over and possible more fines. Good luck.
Asked by Hope from PHILIPPINES | Aug. 09, 2023 23:48Reply
Back to country of origin and reapply for Zvisa
Hello!
I entered PRC in Guangzhou, June30 with Zvisa. Unfortunately, my school (just a new school) didnt process the residence visa on time. They were able to get my work card. It was only last week of July that we kept going to the offices. Now, Friday July28 they informed me that I need to go back to country of origin to reapply. All expenses paid.
Can I reapply for Zvisa with the same documents I used during the first application.
1. Verified contract
2. Company profile
3. Notification Letter, they need to reapply and send me one.
I entered PRC in Guangzhou, June30 with Zvisa. Unfortunately, my school (just a new school) didnt process the residence visa on time. They were able to get my work card. It was only last week of July that we kept going to the offices. Now, Friday July28 they informed me that I need to go back to country of origin to reapply. All expenses paid.
Can I reapply for Zvisa with the same documents I used during the first application.
1. Verified contract
2. Company profile
3. Notification Letter, they need to reapply and send me one.
Answers (2)
Answered by Alex | Aug. 10, 2023 23:46
00Reply
You can reapply with the same documents, just make sure they are still valid.
Answered by Hope | Aug. 11, 2023 05:34
00Reply
How about the notification letter?
I emailed the consulate but no reply yet.
I emailed the consulate but no reply yet.