Question

Asked by Thelma from cameroon | Sep. 14, 2019 14:02

About:Overstaying in China & Penalty

Can I enter China with a spouse visa after overstay

I overstayed my visa for 4 years and had to pay a fine to exit without detention.I don’t know if I was blacklisted because I have a son who is valid and my husband is valid too. I wish to know if it’s possible to come back to China with a spouse visa to visit my son.

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Answers (4)

Answered by John Doe | Sep. 15, 2019 04:38

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Generally, to find out whether there is a ban your relatives in China can contact the local Exit and Entry Administration. A ban is not administered by law for overstays until 2013, so if your four-year overstay was concluded and dealt with before that year then they may not currently have your name, facial image and fingerprint in the general database (note: that doesn't mean there wasn't a ban before, but rather all bans were documented locally in the muncipality's system as well as the embassy's in your country of citizenship, both of which may or may not appear later in the general database).

However, fnding out whether you are subject to a ban is currently not necessarily a deciding factor in your visa application. Many Africans who have no adverse records are now being refused visas at increasing rates, so your record may make consular officers reluctant to issue a visa even when there isn't a ban in place (unless your record is around a decade old or more, and the consular officer feels that a sufficient long period of time has passed so you can be considered to be rehabilitated).

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Answered by Thelma | Sep. 17, 2019 04:45

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Thanks for your reply John. I think I didn’t ask the question correct. Actually my overstay is from 2015-2019. I left China few months ago but my son is still there with my husband. I was wondering if I will ever have the opportunity to go and visit them. I surrendered myself and I was asked to pay a fine. The took some fingerprints and scans but my passport has no star. They didn’t tell me if I was blacklisted or not. So how do I find out that?? I want to at least see my family when they are unable to come to me

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Answered by John Doe | Sep. 17, 2019 17:58

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Your husband should be able to go to the Exit and Entry Administration to check whether there is a ban by providing your particulars. If that doesn't work then try applying for a visa, but be honest about your situation (the reason is that facial recognition and fingerprint verification systems are used at every port of entry so they will have the right to revoke your visa if you have lied on your application).

Unfortunately even if there is no ban (which is unlikely) the chance of receiving another visa would be small anyway given that your case was only concluded this year.

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Answered by james | Sep. 19, 2019 02:27

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Hi Thelma. my friends girlfriend has also overstayed her visa in China for over a year. She wants to leave but is too scared to get arrested what did you do to avoid that and how much did you pay on your fine?

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