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Illegal residence: when a foreigner's stay in China becomes unlawful

Unofficial entry · Sources checked

“Illegal residence” is the term used by Article 25 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners. In four listed circumstances, a foreigner shall be deemed to be residing in China illegally.

Related visa and residence terms are collected under Visas and residence.

Definition

Article 25 states that a foreigner shall be deemed to be residing in China illegally in any of the following circumstances:

  • Article 25, item (1): The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit.
  • Article 25, item (2): The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit.
  • Article 25, item (3): The applicant’s activities go beyond the restricted area of stay or residence.
  • Article 25, item (4): Other circumstances where foreigners reside illegally.

What the official text says

Article 78 of the Law

Article 78 of the Exit and Entry Administration Law of the People's Republic of China states that foreigners who reside in China illegally shall be given a warning. Where circumstances are serious, they shall be imposed with a fine of 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.

Article 78 also states that, where guardians or other persons responsible for guardianship fail to perform the guardian obligation and result in foreigners below 16 years of age residing in China illegally, the guardians or other obligated persons shall be given a warning and may also be fined not more than RMB 1,000 yuan.

Article 26 of the Regulations

Article 26 of the Regulations states that, upon discovery of one of the listed circumstances, an entity that employs a foreigner or admits a foreign student shall, in a timely manner, report to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level:

  • Article 26, item (1): A foreigner employed resigns or changes employment location.
  • Article 26, item (2): A foreign student admitted has graduated, completed his or her courses or study, has quit school, or has left the school ungraduated.
  • Article 26, item (3): A foreigner employed or a foreign student admitted violates the provisions on administration of exit and entry.
  • Article 26, item (4): A foreigner employed or a foreign student admitted dies, disappears, or other serious circumstances arise.

Article 62 of the Law

Article 62 of the Law states that foreigners may be repatriated under any of four listed circumstances. Item (3) reads: “Illegally reside or work in China.”

Related terms

Sources

Checked 11 October 2026.

This entry is an unofficial summary, is not legal or immigration advice, is not published by the bodies named, and the official text and the instructions of the body handling your case prevail if they differ.

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