Overstaying a study visa or residence permit: what the Law says
Under Article 25 of the Regulations on Administration of the Entry and Exit of Foreigners (State Council Decree No. 637), a foreigner is deemed to be residing in China illegally in four circumstances, including when the stay exceeds the duration specified in the visa, stay permit or residence permit. Under Article 78 of the Exit and Entry Administration Law, a foreigner who resides in China illegally is given a warning, and where circumstances are serious, is fined RMB 500 per day with a cap of RMB 10,000 in total, or is detained for not less than five days and not more than 15 days.
See also X1 or X2 on this site.
Illegal residence under the Regulations
Article 25 of the Regulations reads, in part:
"In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:
(1) The applicant's stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;
(2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;
(3) The activities of the applicant go beyond the restricted area of stay or residence; or
(4) Other circumstances where foreigners reside illegally."
Items (1) to (3) refer to the applicant. Item (4) refers to other circumstances in which foreigners reside illegally, without listing them.
Penalty under the Law
Article 78 of the Exit and Entry Administration Law provides that foreigners who reside in China illegally shall be given a warning. Where circumstances are serious, they shall be fined RMB 500 yuan per day, with a cap of RMB 10,000 yuan in total, or be detained for not less than five days but not more than 15 days.
The second paragraph of Article 78 covers guardians and other persons responsible for guardianship. Where such a person fails to perform the guardian obligation and a foreigner below 16 years of age resides in China illegally as a result, the guardian or other obligated person shall be given a warning and may also be fined not more than RMB 1,000 yuan.
Article 78 uses the word "foreigners" and does not refer to students as a separate group.
The two documents side by side
| Document | Provision | What it provides |
|---|---|---|
| Regulations on Administration of the Entry and Exit of Foreigners (State Council Decree No. 637) | Article 25 | Four circumstances in which a foreigner is deemed to be residing in China illegally |
| Exit and Entry Administration Law | Article 78 | Warning; where circumstances are serious, fine of RMB 500 per day capped at RMB 10,000 in total, or detention of not less than 5 and not more than 15 days |
The Regulations define illegal residence. The Law sets the penalty. Each document keeps its own article numbering.
Sources
- Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners, National Immigration Administration
- Exit and Entry Administration Law of the People's Republic of China, National Immigration Administration
Checked 11 October 2026.
This page is an unofficial summary. It is not legal or immigration advice, it is not published by the bodies named, and if the official text or the instructions of the body handling your case differ from this page, the official text and those instructions prevail.