The Illegal Stay Of Foreigners In China
[dropcap]M[/dropcap]any foreigners often inquire what they should do if their Chinese visa is about to expire. They worry whether they will be sent back to their home country if they are in China illegally.
Case No.1
In July 2018, a foreign national illegally staying in China went to the Beijing Embassy and was repatriated. He can not enter China within five years.
Case No.2
A Vietnamese woman’s visa has expired for five months. Another Lao woman’s visa expired for seven months. After the visas expired, the two women stayed with Yuan and Le family illegally. Following the relevant provisions of the Exit-Entry Administration Law of Foreigners in the People’s Republic of China, 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.
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. So what are the circumstances of foreigners staying illegally in China? Let’s take a look.
Circumstances of Foreigners staying illegally in China
According to the Regulations of Exit-Entry Administration Law of the People’s Republic of China:
Article 25: Foreigners who have one of the following circumstances in China shall be deemed to stay illegally 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 a visa-free period and fail to apply for a residence permit;
3. Foreigners activities beyond the restricted area of stay and residence;
4. Other situations of illegal residence.
Article 35: Visas and residence permits held by foreigners under any of the following circumstances shall be canceled 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 will get a warning. If the circumstances are severe, they shall be fined 500 yuan for each day of illegal stay, with a total of not more than 10.000 yuan, or they will be detained for not less than five days but not more than 15 days.
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 no less than 1.000 yuan.
What should I do if the Visa is about to expire?
After entering China with an ordinary visa, foreigners who need to stay longer 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 visa. It is required to submit relevant materials about the reasons for the visa extension application. Upon review, if the reasons for the extension are 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 visa. If the period of stay is not extended, they shall leave the country on time.
Warm tips:
Foreigners still have to strictly abide by the “Exit-Entry Administration Law of Foreigners the People’s Republic Of China.” Because if you get deported, it will affect the issuance of China visas in the future!
