Regarding the Illegal Stay of Foreigners in China 2023

Recently, foreign friends asked a lot abou the illegal stay of foreigners in China. Many of them inquire that their Chinese visa is about to expire, but due to the epidemic and various reasons, what should they do? And worry about whether they will be sent back to their home country if they are staying in China illegally.

Let’s take a look at a few cases first, and you will know about it after reading it!

Regarding the Illegal Stay of Foreigners in China 2023

Case No.1:

In July 2018, a foreign national who was illegally staying in China went to the Beijing Embassy to surrender and was repatriated. He was told not to enter China within 5 years.

Case No.2:

A Vietnamese woman whose visa has expired for 5 months. Another Lao woman’s visa has expired for 7 months. After the visas expired, the two women also stayed in the homes of villagers Yuan Mou and Le Mou illegally.

In accordance with the relevant provisions of the Law of the People’s Republic of China on the Administration of the Entry and Exit of Foreigners, Vietnamese women and Lao women were given warnings and administrative penalties for leaving the country within a time limit, and Yuan Mou and Le Mou were fined 2,000 yuan for accommodating foreigners. Punishment.

Some foreigners are passively and illegally staying because they have not noticed the period of stay on their visas and residence permits, or are temporarily unable to leave the country for various reasons.

And some foreigners are staying maliciously and illegally, and the circumstances are very bad. So what are the circumstances of foreigners staying illegally in China? Let’s take a look.

Circumstances of Illegal Stay of Foreigners in China

According to the Regulations of the People’s Republic of China on the Administration of the Entry and Exit of Foreigners:

Article 25 Foreigners who have one of the following circumstances in China shall be deemed to be illegally staying in China:

(1) Exceeding the period of stay and residence specified in the visa or residence permit;

(2) Foreigners who enter the country without a visa to stay longer than the visa-free period and fail to apply for a residence permit;

(3) Foreigners’ activities beyond the restricted area of stay and residence;

Article 35 Visas and residence permits held by foreigners under any of the following circumstances shall be cancelled or confiscated by the public security organs:

(1) Those declared invalid by the issuing authority or fraudulently used by others;

(2) Obtained illegally through forgery, alteration, fraud or other means;

(3) The holder is determined to leave the country, deportation, or deportation within a time limit.

Penalties for Illegal Residence of Foreigners

Foreigners who reside illegally shall be given a warning; if the circumstances are serious, they shall be fined 500 yuan for each day of illegal stay, with a total of not more than 10,000 yuan, or be detained for not less than five days but not more than 15 days, and they shall appear on the scene within a limited time.

If a guardian or other person responsible for guardianship fails to fulfill the duty of guardianship, causing a foreigner under the age of 16 to stay illegally, the guardian or other person responsible for guardianship shall be given a warning and a fine of less than 1,000 yuan may be concurrently imposed .

What should I do if the Visa is about to expire?

After entering China with an ordinary visa, foreigners who need to stay in China for non-diplomatic or official reasons should apply to the entry-exit management agency of the local people’s government at or above the county level in the place of stay seven days before the expiration of the period of stay indicated on the www.

It is required to submit relevant materials about the reasons for the application. Upon review, if the reason for the extension is reasonable and sufficient, the extension of the stay period is allowed; the extension of the visa stay period shall not exceed the original period of stay indicated on the www. If the period of stay is not extended, they shall leave the country on time.


Foreigners still have to strictly abide by the “Law of the People’s Republic of China on Exit and Entry Administration.” Because if you are deported or deported, it will affect the issuance of visas and entry and exit to China in the future!

Related: Types of Chinese Visa

Source: Sohu


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