What Should You Do if Your Chinese Visa Expired?
Recently a foreigner in China approached us for help. His visa expired and he is getting calls from police bureau. He asked what he should do? Also he is worried about being expelled.
Here is the rules and regulation under China law regarding visa expiration.
According to Article 25 of the Regulations of the People's Republic of China on the Administration of the Entry and Exit of Foreigners（《中华人民共和国外国人入境出境管理条例》）, it is illegal for foreigners to stay in China for more than the period of stay stipulated in visas and residence permits.
According to Article 62 of the Law of the People's Republic of China on the Administration of Exit and Entry（《中华人民共和国出境入境管理法》）, foreigners who stay illegally may be deported; Article 78 stipulates that foreigners who stay 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 amount not exceeding 10000 yuan, or detained for more than five days but not more than 15 days.
According to Article 29 of the Law of the People's Republic of China on the Administration of Exit and Entry（《中华人民共和国出境入境管理法》）, if the period of stay indicated on a visa held by an foreigner does not exceed 180 days, the holder can stay in China on the strength of the visa and in accordance with the period of stay indicated on the visa. If it is necessary to extend the stay period of the visa, the holder shall apply to the exit Entry Administration of the public security organ of the local people's government at or above the county level in the place where he stays seven days before the expiration of the stay period indicated in the visa, and submit the relevant materials of the application subject matter as required. After examination, if the reason for the extension is reasonable and sufficient, the period of stay shall be extended; if the period of stay is not extended, he shall leave the country on schedule.
According to Article 32 of the Law of the People's Republic of China on the Administration of Exit and Entry（《中华人民共和国出境入境管理法》）, if an foreigner residing in China needs to apply for an extension of his residence period, he shall file an application with the exit Entry Administration of the public security organ of the local people's government at or above the county level in the place of residence 30 days before the expiration of the valid period of his residence certificate, and submit the relevant materials of the application subject matter as required. Upon examination, if the reasons for the extension are reasonable and sufficient, the residence period shall be extended; if the residence period is not extended, he shall leave the country on schedule.
Therefore, in order to avoid illegal residence and the punishment caused by illegal residence, foreigners staying in China should apply for extension to the exit Entry Administration of the public security organ of the local people's government at or above the county level where the residence is located before the expiration of the residence period specified in the visa and residence permit, and submit relevant materials of the application subject matter as required.
