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Asked by Michael Kay from south africa | Nov. 10, 2019 09:27
About:Overstaying in China & Penalty

Sister Stuck at China Airport

My sister in law is stuck at Guangzhou Airport because Kenya Airways denied her boarding onto her flight.
The situation is the following: She is from Lesotho, she was supposed to fly from OR Thambo Airport in Johannesburg to Macau, then travel to Guangzhou to fly back to OR Thambo. She stated all these facts to the Chinese Embassy and was given a VISA to travel. unfortunately at this time she was under the impression that a China VISA will work in Macau.

She then traveled to Macau from OR Thambo and her China VISA was accepted in Macau. Macau immigration officers cancelled her China VISA upon entry. The VISA only allowed one entry into China. There was no problem thus far until she visited Zhuhai and wanted to go back into Macau but was told she does not have a VISA to enter back into Macau. They then sent her back to China with a piece of paper saying she is not allowed back into Macau. She then decided to stay in Zhuhai until her time to travel back. She then proceeded to go to Guangzhou in order to take her flight out.

It is at this point that she was denied boarding to her flight by the airport check in desk staff. She tried explaining the situation and issuing the paper but was not heard. Problem here is that they are denying her to go back to her home country but she has not been able to speak to the immigration officers and the language barrier is even a bigger problem. Also it's a weekend and VISA offices are closed.

What is supposed to happen when the mistake is on immigration and not her own? Do they have the right to deny flight back home? Will they take care of the flight payment?

Michael Kay

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Answers (6)
Answered by John Doe | Nov. 10, 2019 09:54
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Are you sure you are not confusing Zhuhai with Macau? Macau immigration, which manages its own immigration law separate from Hong Kong and Mainland China, does not have the authority to cancel her Chinese visa. What they can do is to issue her a visa on arrival which is a piece of paper stating when she needs to leave Macau.
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Answered by John Doe | Nov. 10, 2019 10:04
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Let me get the whole situation in order:
1) Your sister-in-law arrives in Macau first before setting foot anywhere in Mainland China. She got a visa on arrival.
2) She then went to Zhuhai which used up her visa.
3) She wanted to go back to Macau but was refused entry. Macau immigration issued a paper saying so. She was readmitted to Mainland China.
4) She went to Guangzhou to catch her flight to SA (which is NOT her home country unless she has a SA residence permit) but the airline refused to board her without further explanation.

Here are a few questions:
1) What was her original itinerary? Be sure to include all stops.
2) Did she get a visa on arrival in Macau?
3) Did she leave Macau for more than 30 days?
4) Was Zhuhai the first place she landed in Mainland China (i.e., where immigration admitted her into Mainland China)?
5) Did she have a flight or ferry ticket departing Macau during her second attempted visit?
6) What exactly did the airline tell her in Guangzhou?
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Answered by Michael Kay | Nov. 13, 2019 19:43
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Thank you John Doe for your response.

I am sorry for this late response but I have tried on several occasions to respond but the site keeps giving me problems.

The situation is as follows:

1. Sister-in-law has a 30 day Single entry China VISA from 17th Oct to 17th Nov 2019.
2. Her flight lands in Macau and she stays for 4 days.
3. She goes to Gongbei Port to enter China.
4. China immigration tells her that the VISA has been used (In Macau).
5. They inform her that she will need a new VISA that allows her to go into China Mainland for her to be able to go to Guangzhou. She has to apply for this VISA at consular services in Macau. Unfortunately it is after hours on a Friday and they will only open on Monday.
6. They tell her at the moment she can only apply for a 3 day single entry Zhuhai VISA and that she should not go anywhere outside of Zhuhai.
7. She applies for the Zhuhai VISA and enters into China.
8. 2 days later on a Tuesday she tries to enter back into Macau so she can apply for the Main Land VISA.
9. China immigration gives her an exit stamp.
10. Macau immigration says she will not be allowed back in unless she applies for a new Macau VISA. She is caught in between.
11. During the discussion she shows Macau immigration her flight ticket and tells them she will be flying out at Guangzhou.
12. With guidance from Macau immigration she looks at her options and she decides to go back into China and not return to Macau.
13. Macau immigration gives her a paper stating that she is not allowed back into Macau. They verbally inform her that the paper is (a) Not a deportation, (b) She is not illegal and (c) It communicates with China immigration that she will be flying from Guangzhou and that they should allow her back in.
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Answered by Michael Kay | Nov. 13, 2019 19:45
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Continued...

14. She is also told that she will be able to travel to Guangzhou for her flight.
15. She goes back to China immigration and presents her passport and the paper to China immigration.
16. China immigration puts another stamp on her exit stamp thereby cancelling the exit from Macau into China, meaning she is still in China.
17. She is allowed back into China without a new Zhuhai VISA. Meaning she can travel into Main Land.
18. She stays in Zhuhai for 4 days and travels to Guangzhou for her flight.
19. Kenya Airways denies her to board and they say she needs a new VISA.
20. She is told to travel to immigration some far distance from the airport.
21. As I write this her China VISA still has days left on it.
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Answered by Michael Kay | Nov. 13, 2019 20:11
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To answer your questions

1) What was her original itinerary? Be sure to include all stops.

The itinerary is as follows:

Departure Johannesburg 20 Oct 19 - Arrival Jomo Kenyatta 20 Oct 19
Departure Jomo Kenyatta 20 Oct 19 - Arrival Dubai 21 Oct 19

Departure Dubai 29 Oct 19 - Arrival Singapore Changi 30 Oct 2019
Depature Singpore Changi 30 Oct 2019 - Macau 30 Oct 2019

Departure Guangzhou 09 Nov 2019 - Arrival Jomo Kenyatta 10 Nov 2019
Departure Jomo Kenyatta 10 Nov 2019 - Arrival Johannesburg 10 Nov 2019

2) Did she get a visa on arrival in Macau?

No, Macau used her China Visa.

3) Did she leave Macau for more than 30 days?

No.

4) Was Zhuhai the first place she landed in Mainland China (i.e., where immigration admitted her into Mainland China)?

Zhuhai is the 1st place she arrived in China. She arrived there by taxi.


5) Did she have a flight or ferry ticket departing Macau during her second attempted visit?

She was on land at the Gongbei Port. She was gonna use a taxi when she gets on the Macau side.

6) What exactly did the airline tell her in Guangzhou?

This I am not really sure about. It was something about her VISA. She said they said she over stayed.
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Answered by John Doe | Nov. 13, 2019 21:37
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Last two questions: did she pay the MOP 100 for her visa on arrival in Macau or anything at all? If not, does her Chinese visa say "MACAU" next to the wording "Chinese Visa"? I am asking this because Macau's visa-on-arrival allows her to visit Macau for multiple times within 30 days of initial entry, but if she was somehow admitted on a Chinese visa (i.e., if she hasn't paid anything) then Macau isn't obligated to take her back because she was wrongfully admitted in the first place.

I know it sounds quite Kafkaesque now but your sister-in-law is indeed without status in China as she left Zhuhai without a valid Chinese visa (the valid visa itself has somehow been cancelled by Macau Immigration which they absolutely shouldn't do). The Zhuhai visa is only for those who stay within Zhuhai vicinity and that's why KQ wouldn't board her in Guangzhou (since they may be liable for a penalty) because she should never leave Zhuhai in the first place.

The only silver lining to this situation is that Lesothans can visit or transit HK for 14 days without a visa, and if she wants to leave then the only option is to book a ticket from HK to Joburg, and thanks to the new Zhuhai-Hong Kong bridge she can leave Zhuhai to HK on one of the shuttle buses.
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