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Having Visa Valid Until XXX Doesn’t Mean You Can Stay That Long

On December 7, 2024, officers from the Yancheng Border Inspection Station of Jiangsu Border Inspection General Station discovered that a foreign traveler, Tony, preparing to leave China, had exceeded the permitted duration of stay under his visa. Consequently, they stopped him for further investigation.

“But my visa is valid until 2025! How could I have overstayed? There must be a mistake!”

Tony looked at his visa, confused.

However, there was no mistake. Tony held a multiple-entry visa valid until January 2025, allowing him to enter and exit China multiple times before the expiration date. But each stay in China was limited to a maximum of 30 days per entry.Upon investigation, it was found that Tony had stayed in China for 32 days—exceeding the permitted duration by two days, making him liable for illegal residence.

As a result, the Yancheng Border Inspection Station issued Tony an official warning in accordance with the Exit and Entry Administration Law of the People’s Republic of China.

How to Distinguish Between Visa Validity and Duration of Stay?

🔹 Visa Validity (Enter Before/Expiry Date)

This refers to the time frame during which a visa holder is allowed to enter China.

Unless otherwise specified, a visa becomes valid from the date of issuance and expires at midnight Beijing time on the last valid day.

🔹 Duration of Stay (Duration of Each Stay)

This indicates the maximum number of days a traveler can stay in China per entry.

It is counted from the day after entry into China.

Can Foreign Travelers Extend Their Duration of Stay?

Yes! If a foreign traveler needs to extend their permitted stay, they must:

✅ Apply at least 7 days before the expiration of the current duration of stay.
✅ Submit the application to the exit-entry administration of the local public security bureau.
✅ Provide relevant supporting documents explaining the reason for the extension.

📌 Important:

If the extension request is approved, the new duration will be granted accordingly.

If the request is denied, the traveler must leave China on time.

The total extension period cannot exceed the originally permitted duration of stay on the visa.

Legal Reminder: Penalties for Overstaying in ChinaAccording to Article 78 of the Exit and Entry Administration Law of the People’s Republic of China:

🔴 Foreigners who illegally overstay may face:

A warning for minor violations.

A fine of RMB 500 per day of overstay (up to a maximum of RMB 10,000).

Detention for 5 to 15 days in severe cases.

🔴 If a minor under 16 years old overstays due to negligence by a guardian, the responsible person may receive:

A warning

A fine of up to RMB 1,000

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