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Asked by Paul from france | Aug. 11, 2018 04:16
About:Overstaying in China & Penalty

Unable to leave China

My visa will expire this October, have a 120 days multi-entries family visa to China. I want to know would I be allowed to leave China on the day prior to my visa expiry date, even if with my ex-wife the court case she filed against me still open as it is what is currently stopping me leaving China. My issue trying to negotiate a fair settlement but does not seem to work. My lawyer unable to provide a straight answer for me? Anyone familiar with such situation? Thank you. Paul

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Answered by John Doe | Aug. 11, 2018 06:14
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Normally, nothing will prevent you from leaving China as long as you do not overstay your visa. Although local police may technically flag your passport I doubt that they would bother doing so in a divorce settlement case. You should contact the local Exit and Entry Administration to see what their policy is.
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Answered by Paul | Aug. 11, 2018 15:48
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My passport already flaged as I did try to leave China 4 weeks ago, that's how I find out that I had an "economic case" registered against me and that through a court order issued by a judge in Beijing prevent me from leaving China....
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Answered by John Doe | Aug. 11, 2018 19:58
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That is strange and did not sound like an ordinary divorce case. However, as a matter of policy, "economic cases" would come with passport/ID flags almost all the time until settled, so I guess your choices are nonexistent other than to seek settlement or to wait for the final decision (mind you, if the court had determined this as a economic case, then there's very little chance that you could win, for many reasons). Meanwhile the EEA may make special accommodations for you while you are in the country.
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Answered by Paul | Aug. 12, 2018 19:06
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Many thanks for your answers. Seems to unfortunately feet what I already suspected will be the case.
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