Overstaying in China: what counts as illegal residence and the penalty in the Law
If you stay longer than your visa or permit allows, Article 25 of the Regulations treats you as residing illegally, and Article 78 of the Law allows a fine of RMB 500 per day up to RMB 10,000, or detention of five to 15 days, where circumstances are serious.
If you stay in China longer than your visa or permit allows, Article 25 of the Regulations treats you as residing in China illegally. Under Article 78 of the Law, a foreigner who resides illegally is first given a warning, and where circumstances are serious, may face a fine of RMB 500 per day, capped at RMB 10,000 in total, or detention for not less than five days but not more than 15 days.
In this article, "Law" means the Exit and Entry Administration Law of the People's Republic of China, and "Regulations" means the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners. The English texts of both are published by the National Immigration Administration. Quotations below are from those English texts.
When a foreigner is deemed to be residing illegally
Regulations, Article 25 reads: "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.
Items 1 and 2 are the two that concern the length of stay. Item 1 refers to the duration in a visa, stay permit or residence permit. Item 2 refers to the visa-free period. Item 3 concerns the restricted area, not the length of stay.
The penalty in the Law, Article 78
Law, Article 78, first paragraph, reads: "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."
| Element in the text | Wording in Article 78 |
|---|---|
| First step | "shall be given a warning" |
| Condition for the next step | "where circumstances are serious" |
| Fine | "RMB 500 yuan per day, with a cap of RMB 10,000 yuan in total" |
| Detention | "not less than five days but not more than 15 days" |
The two penalties after the warning are joined by "or" in the text. The article does not state how the two are combined.
Guardians of minors
Law, Article 78, second paragraph, reads: "Where guardians or other persons responsible for guardianship fail to perform the guardian obligation and result in foreigners below 16 years of age residing in China illegally, the said guardians or other obligated persons shall be given a warning and may also be fined not more than RMB 1,000 yuan."
This paragraph applies to guardians and others responsible for guardianship of a foreigner under 16. It is a separate rule from the penalty for the foreigner in the first paragraph.
Repatriation under Article 62 of the Law
Law, Article 62 reads: "Under any of the following circumstances, foreigners may be repatriated:"
- Are ordered to exit China within a prescribed time limit but fail to do so;
- Are involved in circumstances in which they are not allowed to enter China;
- Illegally reside or work in China; or
- Need to be repatriated for violation of this Law or other laws or administrative regulations.
The article continues: "Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation."
Item 3 of Article 62 lists illegal residence as one circumstance in which foreigners may be repatriated. The article uses the word "may", so repatriation is a possible outcome under these circumstances, not a stated automatic consequence. Article 25 of the Regulations is a separate provision that defines when a foreigner is deemed to be residing illegally.
What the UK embassy says about overstay
The embassy in the United Kingdom says that the duration of stay "specified in the visa means the period of time during which the visa holder is allowed to stay in China after each entry. It begins from the next day of entry."
The same embassy page says: "Overstay in China violates Exit and Entry Administration Law of the People's Republic of China, Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners and other relevant laws and regulations, and could result in a fine or other penalty."
The embassy's wording is "could result in a fine or other penalty". It is the embassy's own description, and it refers to the Law and the Regulations without quoting their penalty articles. The embassy page carries a date in 2020, so confirm the current wording on the official page before you travel.
Suggestion, not a rule
Before each trip, write down the duration shown in your visa or permit and check it against your planned departure date. This is a planning suggestion. It is not a requirement in any of the provisions quoted above.
For information on what to do after arrival, see After arrival.
Sources
- Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners (English text), National Immigration Administration
- Exit and Entry Administration Law of the People's Republic of China (English text), National Immigration Administration
- Embassy of the PRC in the United Kingdom — Part One: Visa for China (Mainland only), Ministry of Foreign Affairs mission
Checked 11 October 2026
This page is an unofficial summary, is not published by or affiliated with the National Immigration Administration, the Ministry of Foreign Affairs, any embassy, consulate or visa application service centre, is not legal or immigration advice, and the official text and the current notice of the office handling your case prevail if they differ.