U May Stay in China Illegally? Check This First!- 大数跨境

U May Stay in China Illegally? Check This First!

HACOS瀚客企服

2019-05-06

导读：When it comes to talking about illegally staying in Ch

When it comes to talking about illegally staying in China, it includes not only overstay or overdue visa, and also include “beyond the area of stay”.

If you enter China for staying only a few hours, you will be permitted to stay here by 24/72/144 hours visa-free transit.

And you can get a temporary entry permit issued by China Immigration Inspection.

We all may notice about the date or time because most illegal stay in China belongs to overstay. In fact, there is a more important point you should pay attention: beyond the area of stay!

Recently, police Security Bureau in Beijing recently took a random check on foreigners when they were on duty around Beijing South Railway Station.

A man surnamed Luke was requested to take a deeper investigation as a suspect of illegally staying in China when he showed his passport to the police. Actually, everything is OK with both his passport and temporary entry permit.

“OMG! You must have made a mistake,” Luke confused, “I have a legal passport and temporary entry permit.”

As a matter of fact, the police didn’t do anything wrong. The areas of stay in his permit are Shanghai, Jiangsu, Zhejiang. So he is only allowed to stay or have activity in these areas. However, he was caught in Beijing.

Here is a circumstance defined as illegal stay.

If a foreigner goes to Beijing with this entry permit issued by Ruili of Yunnan province, she will be regarded as illegal stay.

According to Article 20 in relevant regulation: She is prohibited to stay in issuing city in specified time. Once breaking the law, she'll be imposed with a fine RMB 100, with a cap of RMB 500 yuan in total, or be detained for not more than 3 days but not less than 1 day.

A foreigner holding tourist visa issued by Hong Kong as below is prohibited to appear or have activities in the special economic zone.

The Special Economic Zone Tourist Visa allows the foreigner to go to Shenzhen for 5 days and Zhuhai for 3 days.

Article 25 in Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners.

In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:

The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;
The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;
The activities of the applicant go beyond the restricted area of stay or residence; or
Other circumstances where foreigners reside illegally.

Article 78: Foreigners who reside in China illegally shall be given a warning; where circumstances are serious, they shall be imposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan in total, or be detained for not less than five days but not more than 15 days.