Question

Asked by karen from philippines | Aug. 01, 2018 07:24

About:Bao'en Temple Pagoda

hello. i want to know some information about over staying.

my friend is overstaying in china for almost 14months. her boss wants to get her a working visa but they dont know how since she already overstayed in china.

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Answers (2)

Answered by Rahul | Aug. 01, 2018 16:19

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Hello Karen, It doesnt look good. Your friend will have an issue.

If one overstays their Visa:
1. few days and valid reason ( Report to police station , get fingerprinted, photographed and fined (amount depening on days over stayed) followed by a warning
2. Few weeks No matter the reason ( except hospitalized ) same police formalities and an escort to the nearest airport for departure.
3. A month or more ; Hefty fine, Police Custody upunitl they have proven no criminal activites or intents were carried out during the overstay by the individual, and once cleared relased from prison , escorted to nearest airport and not allowed to re apply for 2 to 6 months for any form of visa into china. BUT if no criminal activites were recorded visa applications after the time period will be approved.

I suggest your friend sets all personal affairs in order, such as any outstanding bills or commitments and head to the nearest police station .
If your friend or boss tries to procced with application without doing so the officer can report her situation to the police and they will come to pick up, which will not be a good thing.

I give the above advise as i had overstayed by 32 hours so experienced situation 1. I had a work acquaintance who overstayed a week and a half , he was able to reapply from his country after 1 week on arrival at his country. During a regular visit to the police station to update by residence address i met an individual who had overstayed about 3 month and got to know his predicament from his lawyer who was submitting some documents on his behalf

I wish a smooth ordeal to your friend.

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Answered by Kris | Aug. 01, 2018 16:25

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Based on the current immigration regulations, there are different punishments to foreigners according to the length of the overstay.

1. Aliens overstaying the visa or residence permit for a short period will be given a warning and be required to pay a fine. Usually, the penalty is CNY500 per day not to exceed CNY10,000.

2. If one overstays the visa for a significant period, usually over one month, he might be put into a detention camp for 5 to 15 days and repatriated to his home country. It's possible he will be blacklisted, which will affect his re-entry to China, and he may be prohibited from entering the country for ten years. In addition to this, it might also influence one's visa application for other countries.

What Can I Do after Overstaying?
If you have overstayed your visa in mainland China, you should report your situation to the local police station as soon as possible, pay the fine, and then apply for an exit permit to leave the country.

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