How to Handle an Expired or Overstayed Chinese Visa?

If you are a for­eign­er vis­it­ing Chi­na, you need to have a valid visa or res­i­dence per­mit to stay legal­ly in the coun­try. How­ev­er, some­times you may encounter unex­pect­ed sit­u­a­tions that cause you to over­stay your visa or res­i­dence per­mit, such as flight delays, med­ical emer­gen­cies, or per­son­al rea­sons. What should you do if you find your­self in this sit­u­a­tion? How can you avoid the penal­ties and con­se­quences of over­stay­ing? In this arti­cle, we will explain the rules and reg­u­la­tions of over­stay­ing in Chi­na, the pos­si­ble pun­ish­ments and fines, and how to solve the prob­lem and leave the coun­try smoothly.

What is Overstaying in China?

Over­stay­ing, also called ille­gal res­i­dence, means that you remain in Chi­na after your visa or res­i­dence per­mit has expired. The expi­ra­tion date of your visa or res­i­dence per­mit is usu­al­ly indi­cat­ed on the doc­u­ment itself or on the entry stamp on your pass­port. You should always check this date and plan your depar­ture accord­ing­ly. If you over­stay your visa or res­i­dence per­mit, you will be deemed to have vio­lat­ed the Chi­nese immi­gra­tion law and will be sub­ject to penalties.

What are the Penalties for Overstaying in China?

Accord­ing to the cur­rent immi­gra­tion reg­u­la­tions, there are dif­fer­ent pun­ish­ments for for­eign­ers accord­ing to the length of their over­stay. Gen­er­al­ly speak­ing, there are two types of penal­ties: admin­is­tra­tive and criminal.

Administrative Penalties

Admin­is­tra­tive penal­ties are applied to for­eign­ers who over­stay their visa or res­i­dence per­mit for a short peri­od, usu­al­ly less than one month. They include:

• A warn­ing from the immi­gra­tion authorities;
• A fine of CNY 500 per day not to exceed CNY 10,000 in total;
• An exit per­mit that allows you to leave Chi­na with­in a spec­i­fied time;
• A record of your over­stay that may affect your future visa applications.

If you have over­stayed your visa or res­i­dence per­mit for a short peri­od, you should report your sit­u­a­tion to the local police sta­tion or exit and entry admin­is­tra­tion of the pub­lic secu­ri­ty bureau (PSB) as soon as pos­si­ble, pay the fine, and then apply for an exit per­mit to leave the coun­try. You may also need to pro­vide some doc­u­ments, such as your pass­port, visa or res­i­dence per­mit, flight tick­et, hotel book­ing con­fir­ma­tion, etc. Depend­ing on your sit­u­a­tion and coöper­a­tion, you may be able to avoid or reduce the fine by apol­o­giz­ing and explain­ing the rea­sons for your overstay.

Criminal Penalties

Crim­i­nal penal­ties are applied to for­eign­ers who over­stay their visa or res­i­dence per­mit for a sig­nif­i­cant peri­od, usu­al­ly more than one month. They include:

• A deten­tion of 5 to 15 days in a deten­tion center;
• A depor­ta­tion order that bans you from enter­ing Chi­na for a cer­tain peri­od of time, usu­al­ly one to ten years;
• A crim­i­nal record that may affect your trav­el and work oppor­tu­ni­ties in oth­er countries.

If you have over­stayed your visa or res­i­dence per­mit for a sig­nif­i­cant peri­od, you will be arrest­ed by the immi­gra­tion author­i­ties and tak­en to a deten­tion cen­ter. You will be inter­ro­gat­ed and asked to sign a con­fes­sion state­ment. You will also be required to pay for your depor­ta­tion expens­es, such as flight tick­et, escort fee, etc. You will be escort­ed by immi­gra­tion offi­cers to board the flight and leave Chi­na. You will also be black­list­ed by the Chi­nese immi­gra­tion sys­tem and pro­hib­it­ed from enter­ing Chi­na for a cer­tain peri­od of time.

Conclusion

Over­stay­ing your Chi­nese visa or res­i­dence per­mit is a seri­ous vio­la­tion of the Chi­nese immi­gra­tion law and will result in penal­ties and con­se­quences. You should always respect the rules and reg­u­la­tions of over­stay­ing in Chi­na and leave the coun­try before your visa or res­i­dence per­mit expires. If you have over­stayed your visa or res­i­dence per­mit by mis­take or for unavoid­able rea­sons, you should report your sit­u­a­tion to the local police sta­tion or exit and entry admin­is­tra­tion of the PSB as soon as pos­si­ble, pay the fine, and then apply for an exit per­mit to leave the coun­try. If you want to stay longer in Chi­na for legit­i­mate rea­sons, you should apply for an exten­sion of your visa or res­i­dence per­mit at the exit and entry admin­is­tra­tion of the local PSB before the expi­ra­tion of your stay. By fol­low­ing these steps, you can avoid the penal­ties and con­se­quences of over­stay­ing in Chi­na and enjoy your trip in this amaz­ing country.

Sources:

1. Trav­el Chi­na Guide | Over­stay­ing in Chi­na, Penal­ty, Pun­ish­ment, Fine, How to Solve
2. State Coun­cil of Chi­na | Oth­er fre­quent­ly asked ques­tions about Chi­nese visa
3. Chi​na​.org​.cn | If My Visa Expires and I Over­stay in Shang­hai, What Can I Do?