Staying longer than 30 days after visa-free entry: the stay permit

2026-10-11

If you entered China visa-free and must stay beyond the visa-free period, the route is a stay permit from the exit and entry administration of the public security organ, under Article 34 of the Exit and Entry Administration Law.

If you entered China visa-free and must stay beyond the visa-free period, the route is a stay permit. Article 34 of the Exit and Entry Administration Law provides for this case, and the Ministry of Foreign Affairs FAQ on visa-free entry says the application goes to the exit and entry administrations of public security authorities of China.

The legal basis: Article 34 of the Law

Article 34 of the Exit and Entry Administration Law reads:

"Where visa-exempt foreigners need to stay in China longer than the visa-free period, or foreign seamen and their accompanying family members need to leave the cities where the ports are located, or under other circumstances in which foreigners' stay permits should be applied for, they shall apply for such permits in accordance with relevant regulations."

The second sentence of Article 34 sets the limit on the permit itself: "The maximum validity period of a foreigner's stay permit shall be 180 days."

What the Ministry of Foreign Affairs FAQ says

The FAQ on visa-free entry asks: "If the length of intended stay exceeds 30 days, can the visa waiver be extended?" The answer contains two separate statements.

On planning ahead: "Foreign nationals planning to stay in China for over 30 days shall apply for visas corresponding to their purposes of stay in advance at Chinese embassies or consulates."
On staying after entry without a visa: "If they have to stay longer than 30 days for appropriate and sufficient reasons after entering China without a visa, they shall apply for stay permits to the exit and entry administrations of public security authorities of China."

The first statement is about applying before arrival. The second is the one that applies once you are already in China without a visa and need more time.

Who accepts the application

The National Immigration Administration service guide for the issue, replacement and reissue of foreigners' stay permits is published in Chinese. The English wording in this article is this site's translation.

Section 3 of that guide (accepting offices) says the National Immigration Administration entrusts the exit and entry administration bodies of public security organs at prefecture-level city or above, including districts and counties under municipalities directly under the central government, to accept and issue foreigners' stay permits. Section 3 also says that with the approval of the National Immigration Administration, granted on request by a provincial exit and entry administration body, county-level public security exit and entry administration bodies may accept and issue stay permits under that entrustment.

Who must apply in person

Section 4 of the guide (conditions and who may apply) says that foreigners who entered visa-free and need to stay in China beyond the visa-free period, foreign seamen and their accompanying family members who need to leave the port city while in China, and foreigners in other situations that require a stay permit, shall handle stay permits as provided.

The same section says that a foreigner applying for a stay permit shall complete the procedures in person at the exit and entry administration of the public security organ.

Section 4 then sets out when someone else may apply. A foreigner in one of the following situations may have the application made by an inviting unit or individual, a relative of the applicant, or a relevant specialised service agency:

(1) under 16 years old, or aged 60 or over, or unable to move about easily because of illness or a similar reason;

(2) not making a first entry into China, and holding a good residence record in China;

(3) where the inviting unit or individual provides guarantee measures for the expenses the foreigner needs during the stay in China.

Materials

Section 6(1) of the guide, which covers applications for foreigners' visa documents, says the applicant shall be asked to complete the relevant procedures and submit the relevant materials:

A valid passport or other international travel document;
A completed application form for foreigners' visa documents, and one photo meeting the standard of the Photo Guidelines for Exit-Entry Documents;
Supporting materials related to the reason for the application;
Other procedures to be completed and supporting materials to be submitted.

Section 6(2) of the guide lists the materials for a stay permit. Its item 1 covers the situation in this article:

"Foreigners who entered visa-free and need to stay beyond the visa-free period for non-diplomatic and non-official reasons shall submit supporting materials in accordance with the relevant rules, and may be issued a stay permit for a corresponding period."

Items 2 to 7 of section 6(2) name other situations: foreign seamen and their accompanying family members, withdrawal from Chinese nationality, end of residence for humanitarian reasons, foreign babies born in China, replacement of a stay permit, and lost, damaged or stolen permits.

Suggestion, not a rule: if you already know before you travel that you will need more than the visa-free period, the FAQ's first statement above is the rule that applies to that plan. You can read the visa classes section for the visa route that matches your purpose.

Check the official FAQ page for current visa-free details before you travel, because the list of waiver countries and expiry dates change.

Sources

Checked 11 October 2026

This page is an unofficial summary. It is not published by or affiliated with the National Immigration Administration, the Ministry of Foreign Affairs, any embassy, consulate or visa application service centre. It is not legal or immigration advice. If the official text or the current notice of the office handling your case differs from this page, the official text and that notice prevail.