If you stay longer than the visa, the visa-free period, or the 240-hour transit allows, that is illegal residence under Article 78 of the Exit and Entry Administration Law. Consequences can include a warning, a fine, detention, repatriation, and a ban on re-entry. A National Immigration Administration discretion document describes typical benchmarks (a warning if the overstay is short; higher fines or detention as the days increase). This is general information, not legal advice, and not a prediction of what will happen in a specific case. Leave on time. If you have a genuine reason, apply to the exit-entry administration before the last day.
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关键事实
| The offence | Illegal residence includes staying beyond a visa, a stay permit, or a visa-free period — Exit and Entry Administration Law, Article 78 |
|---|---|
| Article 78, in outline | A warning; in serious cases, a fine of 500 yuan per day up to 10,000 yuan, or detention of 5 to 15 days |
| NIA discretion benchmarks (official) | Often a warning if 10 days or fewer past a visa or stay document; from day 11 to 60, 500 yuan per day starting at day 11, capped at 10,000, or 5 days' detention; 60 days or more, 10,000 yuan or 5 to 15 days' detention. Visa-free overstay uses a slightly different cut in the same document. Confirm the current text |
| Further consequences | Repatriation and a 1 to 5 year ban are possible (Article 62). Other provisions can carry a longer ban. This is not a complete legal summary |
| Extensions | Only for appropriate, sufficient reasons, through the exit-entry administration, and not as a casual tourist add-on |
| Not legal advice | If you have already overstayed, contact the local exit-entry administration or a qualified lawyer. We cannot represent you |
What the law says
Article 78 of the Exit and Entry Administration Law treats illegal residence as including a stay beyond the duration allowed by a visa or a stay (residence) permit — and official explanations also treat a visa-free period the same way. The article provides for a warning, and, where the circumstances are serious, a fine of 500 yuan per day up to 10,000 yuan, or detention of five to fifteen days.
That is the statute in outline. It is not a calculator of what will happen to you. Officers have discretion, and other articles can also apply, including removal from the country.
Official discretion benchmarks
The National Immigration Administration has published a document on discretionary benchmarks for administrative penalties in exit-entry matters. As we read it, typical starting points for illegal residence include: a warning when the overstay past a visa or stay document is ten days or fewer; from the eleventh to the sixtieth day, a fine of 500 yuan per day counted from day 11, capped at 10,000 yuan, or five days’ detention; and at sixty days or more, a fine of 10,000 yuan or detention of five to fifteen days. The same document uses a slightly different day cut for some visa-free overstay and for leaving a permitted 240-hour area. Read the current official text; we are summarising, not replacing it.
A guardian of a person under 16 can be warned and may be fined. Other provisions (including Article 62) allow repatriation and a ban of one to five years; other articles can carry a longer ban in more serious cases. We will not turn this into a complete criminal-law briefing. It is enough to say: overstay is not a cheap souvenir.
What you should do instead
- Know which rule you entered on, and count it correctly. The stay calculator is a convenience. The stamp or slip is authoritative. For 30-day visa-free entry, official FAQs count 30 calendar days from the day after entry.
- If you have a genuine reason — a documented medical emergency, for example — go to the local exit-entry administration before the last day, with evidence. Extensions are not a tourist product.
- If you have already gone over, go to the same authority, or take qualified legal advice. We cannot represent you, and this page is not a defence.
- Hotel registration (Article 39) is a separate duty. It does not extend your stay. See hotel registration.
The honest close is dull on purpose. Leave on time. If your trip needs more days than the waiver gives you, apply for the correct visa before you fly.
常见问题
Is overstaying a 30-day visa-free stay the same as overstaying a visa?
It is also illegal residence. The National Immigration Administration's discretion document treats visa-free overstay explicitly. Do not assume a visa-free entry has no consequences if you leave late. Confirm the current official text.
What if I miss my flight and go one day over?
A short overstay is still an overstay. The discretion document describes a warning as a typical outcome for a short overstay on a visa or stay document, but that is a benchmark, not a promise. Go to the exit-entry administration and explain, with evidence. This is not legal advice.
Can I extend a visa-free stay because I like the city?
No. Extensions are for appropriate, sufficient reasons decided by the exit-entry administration, not for a casual extra week. If you already know you need more time, get the correct visa before you travel.
What about the 240-hour transit?
Leaving later than 240 hours, or leaving the permitted area, can also be illegal residence. Use the stay calculator as a convenience only; the stamp in your passport is what officers will enforce.