Overstaying: Penalties and Prevention

August 31, 2018

Penalty: Up to CNY 10,000.00 + detention camp + possibly blacklisted in China and in other countries

 

 

Do NOT overstay in China. For your own sake.

 

What is overstaying?

It means going beyond the validity stated on your visa. Also called illegal residence, overstaying means a foreigner remains in a country after his/her visa as expired.

 

How to check validity of visa?

On work permits, it is clearly stated on the visa.

On tourist visas, some may get confused on validity dates.  There's a validity date to enter China (ie: August 1, 3018 to October 1, 2018), THIS IS NOT HOW LONG YOU CAN STAY HERE. There is a part stating how long the visa is valid, ie 30 days. So if you arrive in China on August 1, you must leave not later than August 31. Because the stay length in China is counted from 00:00 the next morning, following the entry date. If a foreigner leaves on September 1, he would've overstayed his visa by one day.

 

Note that if the scheduled time on your departure ticket is later than your visa's expiration time (ie Sept 1 at 00:30am), you would be regarded as having overstayed even if you go through the immigration inspection before the visa expiration time (ie Aug 31 at 10pm). However, if your scheduled departure time precedes the visa expiration time but the carrier changes the schedule (ie flight delays), you won't have overstayed your visa.

 

If you wish to stay longer, you can apply for an extension 7 days before the your visa expires, without exiting China. They usually give the same number of days as the current valid tourist visa. To avail of this, you must've registered for a temporary residence form at the police station within 3 days upon arrival.  (If you're staying in a legit hotel that accepts foreigners, the hotel would've done this for you upon check in)

 

TravelChinaGuide.com answers some Overstaying FAQs
 

Is there a Grace Period?

According to current policy, no grace period for illegal aliens overstaying in China. However, if you've 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. Perhaps, you might not need to pay the fine. If you're lucky.

 

Penalties for Overstaying in China?
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 in total. 
 

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 to do after Overstaying?

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.

 

We strongly advice you to check the validity of your visa to prevent overstaying.

 

 

The info may change without prior notice. Do your own due diligence, ask your HR or agent about the most current laws. Or check with the China Immigration Bureau Hotline in our Travel Directory.

 

FAQ on Philippine Passport

Contact the Philippine Consulate General in Shanghai for more details or assistance.

 

See full article: https://www.travelchinaguide.com/embassy/visa/form.htm