Policy Information

Q:

Foreign adults living in China with their minor children have their residence permits that adults’s are still valid, but the residence permits for minors have expired. Will this situation have an impact?

A:

Yes!

According to the law, guardians who cause foreigners under the age of sixteen to illegally reside will be punished. If a guardian helps a minor evade border inspections, it constitutes assisting others in illegally exiting or entering the country.

Article 78: Foreigners who illegally reside shall be given a warning; If the circumstances are serious, a fine of 500 yuan per day of illegal residence, with a total amount not exceeding 10000 yuan, or detention for not less than five days but not more than fifteen days shall be imposed. If a foreigner under the age of sixteen illegally resides due to the failure of a guardian or other person responsible for guardianship to fulfill their guardianship obligations, the guardian or other person responsible for guardianship shall be given a warning and may be fined up to 1000 yuan.

Article 72: Those who assist others in illegally exiting or entering the country shall be fined not less than 2000 yuan but not more than 10000 yuan; If the circumstances are serious, the offender shall be detained for not less than ten days but not more than fifteen days, and a fine of not less than 5000 yuan but not more than 20000 yuan shall be imposed. If there are any illegal gains, the illegal gains shall be confiscated.

If a unit commits any of the acts mentioned in the preceding paragraph, it shall be fined not less than 10000 yuan but not more than 50000 yuan. If there are illegal gains, the illegal gains shall be confiscated, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Q:

What should foreign employees do if their Z visa expires for nearly 10 days due to not paying attention to the validity period of their visa upon entry?

A:

According to Article 78 of the Exit Entry Administration Law of the People's Republic of China, foreigners who illegally reside shall be given a warning. If the circumstances are serious, they shall be fined 500 yuan per day of illegal residence, with a total amount not exceeding 10000 yuan, or detained for not less than five days but not more than fifteen days.

However, as this visit to China is for actual work, based on experience, the result of visa expiration is to apply for a new stay visa with a validity period of one month after receiving a penalty. The visa validity period for entry and exit may vary from 10 to 30 days depending on the actual situation. Then apply for a work visa again.

Remember that seemingly simple visa expiration can lead to serious consequences if not handled in a timely manner.

Q:

If a foreigner is informed of a deadline for leaving the country and refuses to leave, what actions may be taken next?

A:

Very likely: deportation out of the country

According to Article 62 of the Exit and Entry Administration Law, if a foreigner falls under any of the following circumstances, he/she may be deported:

（1） Those who have been ordered to leave the country within a specified time limit but have not left within the specified time limit;

（2） Those who are not allowed to enter the country;

（3） Illegal residence or employment;

（4） Those who violate this law or other laws and administrative regulations and need to be deported out of the country.

Other overseas personnel who fall under any of the circumstances listed in the preceding paragraph may be deported out of the country in accordance with the law.

Q:

What is the maximum time limit for foreigners to leave the country within a specified time limit?

A:

According to Article 33 of the Regulations on the Administration of Entry and Exit of Foreigners, if a foreigner is determined to leave the country within a specified time limit, the decision-making authority shall, after canceling or confiscating their original exit and entry documents, complete the stay procedures and limit the time limit for leaving the country. The maximum time limit for leaving the country shall not exceed 15 days.

Q:

To which countries or regions can foreign nationals who have been deported out of the country be deported by public security organs?

A:

According to Article 247 of the Regulations on the Procedures for Handling Administrative Cases by Public Security Organs, foreign nationals who have been deported abroad may be deported to the following countries or regions:

（1） Country of nationality;

（2） Country or region of residence before entry;

（3） Country or region of birth;

（4） The country or region of the exit port before entry;

（5） Other countries or regions where foreign nationals who have been deported are allowed to enter.

Q:

How long is it possible to re-enter our country after being deported or expelled from the country?

A:

According to Article 62 of the Exit and Entry Administration Law, individuals who have been deported shall not be allowed to enter the country for one to five years from the date of deportation.

According to Article 81 of the Exit and Entry Administration Law, foreign nationals who have been expelled shall not be allowed to enter the country for ten years from the date of their expulsion.