Related: Job loss · Change employer · Status hub · Visa flagship.
Overstay is illegal stay under the Exit and Entry Administration Law. Typical first-instance outcomes are a warning and/or a fine (the statute is widely applied as a daily amount with a cap — often cited as RMB 500/day up to RMB 10,000; confirm the live article before you budget). Serious circumstances can include administrative detention and removal themes, plus a harder entry record. The most common on-ramp is a job ending, a ~30-day stay visa, and waiting for an offer until the sticker dies. Working while overstaying is a separate Art. 80 problem. Appear at Exit-Entry; do not “hide until the flight.”
At a glance
| Question | Short answer |
|---|---|
| Is overstay “just a fine”? | Often a fine; serious cases go further. The record matters more than the receipt. |
| Illegal stay vs illegal work? | Expired stamp vs working without matching permits. They can stack. |
| How much is the fine? | Orientation: daily-fine theme with a statutory cap. Not a quote. Confirm current text. |
| Does a ticket fix it? | No. Days already run still need to be processed. |
| Job-loss stay visa died? | That is the usual path onto this page. See the job-loss guide for the prior clock. |
| Dependents? | Linked residence can expire in the same week. |
Scope and legal framework
Exit and Entry Administration Law (illegal stay — commonly Art. 78). Foreigners who stay beyond the authorised period may be given a warning and/or fined. Practice and commentary treat the fine as a daily amount subject to a statutory maximum. Serious circumstances can lead to detention. Cite the article your officer is holding, not a 2015 blog.
Exit and Entry Administration Law Art. 80. Illegal employment is a different offence from overstay. Fines (and in serious cases detention) can apply to the foreigner; the employer is separately exposed. Do not work your way through an overstay.
Stay-visa practice after Work Permit cancellation. Many cities issue about 30 days to pack or finish a transfer. That number is administrative practice. When it lapses, you are on this page — see job loss.
Practical workflow if you have already overstayed
- Stop working immediately if you have been working.
- Gather passport, last residence/stay sticker, cancellation papers, tickets if any.
- Go to the Exit-Entry office that issued your last stamp (or as local officers direct). Do not invent a “better” city.
- Answer the stay/work questions consistently. Bring dependents’ cards.
- Pay what is assessed; keep the receipt; complete any exit-order timing.
- If you still have a new employer, they cannot lawfully onboard you until status is clean — see transfer.
Common mistakes
- Hiding until the flight and hoping the airport is “easier.”
- Taking cash work to fund the extra week.
- Budgeting “500 a day” from a forum post as if it were an invoice.
- Leaving a spouse/child card to expire because you only fixed your own.
Action checklist
- Count the days since the stamp expired. Write them down.
- Stop any work activity today.
- Appear at Exit-Entry with identity and last permit.
- Do not coach dependents into a different story.
- Keep receipts. Ask what the exit record will show.
- Call counsel before you argue with an officer about internet fine math.
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