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Asked by Victoria from usa | Nov. 22, 2017 22:01
About:Overstaying in China & Penalty

Overstayed by one day!

On my way home from China I miscalculated the number of days post entry by one day (91 days instead of 90). Surprisingly, the exit entry staff at the airport were very accommodating. I was issued a warning and no fine as it was a first time, and an honest mistake. A copy of my passport and current entry permit page was left with the bureau in Beijing and I was issued a document certifying the occurrence and my understanding of the law. I repeatedly asked how this would affect my record and future application (in Chinese and English) and I was told the main problem would be that if I made another entry on this same one, and overstayed again, I would be fined 500 RMB/day I overstayed. As I don’t intend to re enter China on this same one, I emphasized that I was concerned about a future application. They said it wouldn’t affect it. My question is-as question 3.1 on the application form specifically asks
about overstaying, is it safe for me to assume that this would be grounds for denial of any future visa? Can I still apply and submit the document I was issued? I am in contract negotiations now for a position as an expat, and I could use some advice if I should stop those negotiations or not based on this situation.

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Answers (2)
Answered by Marcos | Nov. 23, 2017 00:18
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Hi, personally I think you can submit your application and the overstay record wouldn’t affect the application. You are advised to be honest on the question 3.1.
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Answered by Erik Delie | Nov. 29, 2017 16:36
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I overstayed my visa by 1 day (miscalculated the 60 days I was allowed -- honest mistake). The airport staff was courteous, professional, and very accommodating. Only a warning was issued. Normally, and for the past 20 years with a spotless record, I always get a 1 year, multiple entry, 60 days stay each time. I just applied for a new visa at the Consulate in Los Angeles but they only gave me 6 months, double entry, 30 days stay each. I guess it all depends.
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