FAQ for Foreigners Overstaying Visa in China - 1

Q: A foreign adult is residing in China with his/her minor child, but the adult's residence permit is still valid, while the minor's residence permit has expired, is there any effect? A: Yes! According to the law, a guardian who causes a foreigner under the age of 16 to stay illegally will be penalized. If the guardian helps the minor to evade the border control, it constitutes assisting others to leave the country illegally. Article 78 states: If an alien resides illegally, he or she shall be given a warning; if the circumstances are serious, he or she shall be sentenced to a fine of 500 yuan for each day of unlawful residence, not exceeding 10,000 yuan in total, or to detention of not less than five days and not more than 15 days. Where an alien under the age of 16 resides illegally in China because the guardian or other person responsible for guardianship has failed to fulfill his duty of guardianship, the guardian or other person responsible for guardianship shall be given a warning and may be fined not more than 1,000 yuan. Article 72 stipulates: Anyone who assists another person in illegally leaving or entering the country shall be sentenced to a fine of not less than 2,000 yuan and not more than 10,000 yuan; if the circumstances are serious, the person shall be sentenced to a detention of not less than 10 and not more than 15 days, and shall also be sentenced to a fine of not less than 5,000 yuan and not more than 20,000 yuan, and if there is any illegal income, such income shall be confiscated. If a unit commits the acts described in the preceding paragraph, it shall be fined not less than 10,000 yuan and not more than 50,000 yuan, and if there is any illegal income, the illegal income shall be confiscated, and the persons in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.