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4 Year Business Visa - Overstayed exit and re entry in the 60 day period


Hoolee

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Hi

I have a 4 Year Business Visa and I just found out today, that I am supposed to exit and re enter the Mainland every 60 day period !

At this point of time, I am 31 days over the 60 days !!!

I was granted the Visa on April 13, 2015 .

 

When I was given the Visa through the Travel Agency, they explained I could leave China for up to 2 months and re enter and exit as many times as I like ! They failed to mention, the 60 day periods I had to go out and come in !

A friend of mine owns the travel agency and today, we were discussing my return to canada this week and he asked me had I gone to Hong Kong and come back ?

So, I raced to my passport and checked the date and sure enough, I'm over the stay period !

 

I was planning to fly to canada and return in 6 weeks ...

Does anyone have an idea of what I should do and what may be the repurcussions for the overstay ???

 

I am afraid now to purchase a plane ticket and they dont let me leave or cancel my Visa !

 

Help...would Appreciated

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You need to go to the Exit-Entry Administration of the PSB to sort things out. Take evidence that you properly registered your residence.

The fine is 500RMB/day, to a maximum of 10,000RMB, though the PSB has discretion to lower these amounts.

Be prepared to write out an apology and confession at the PSB. Since they'll probably ask, be prepared to explain what you thought "Duration of each stay: 060 days" meant on your visa.

I'd be very surprised if there were any further repercussions. A Chinese friend of some standing, if you have one, might be useful in persuading the PSB not to hit you with the full 10,000RMB fine. And if you don't have a Chinese friend to accompany you, you should nonetheless haggle, in the appropriate way, of course. Look as surprised and hurt as possible when they tell you it's 10,000RMB, then take it from there. If you're a Huaqiao that might help a little bit.

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Thanks

I actually never seen anything on the Visa about the 60 days ! When I looked at it yesterday...its in little tiny print! When I got the visa I checked Information Accuracy and haven't pulled it out since!

If I had ever seen it I certainly would have gone over the border since I'm about 5 minutes away!

I have never registered residency because I've mainly traveled and stayed at hotels and at my girlfiends periodically.

 

What if you don't have the fine money and they do hit you with it ???

 

Will they refuse your Exit ?

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No problem when you stay in hotels; they register you automatically. But when you stay in a private place, you should register directly with the PSB.

Frankly, if you are not properly registered at the place you are now staying, that will complicate your dealings with the PSB somewhat. The registration system is computerised and they'll know you are not on it. Of course there are additional fines for not being registered.

If you say you don't have the money, they'll probably mention the option of serving detention instead. They perfectly well know that if you have to, you'll come up with the money. And you certainly cannot leave China until you've settled your overstay.

Further, that M visa doesn't help. Better you're a poor backpacker on an L visa when it comes to negotiating with the PSB.

Finally, to get through this you have to accept that you screwed up and stop looking elsewhere for blame. Your attitude counts.

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So if I need to pay a fine, will they allow me to leave and pay when I return or will I actually be refused an Exit!

Not looking to blame anyone ! I simply didn't know !

Everyone around me here is Chinese and no one I know know - knows anything more about any of this than I do !

 

The only thing I have to back me up is my old passport which shows dozens of stays in China and never a period of overstay !

 

Attitude shall be humble and stupid all wrapped into one...

 

Thanks

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If they impose a fine, you will not be able to leave China until it is paid; otherwise you will be turned back at the border.

I wouldn't waste much time showing all the visits I'd made without an overstay; that simply demonstrates you're not an ignorant newbie and should, by now, know how Chinese visas work.

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Thanks Again.

My previous stays in china were actually very different !

There was a period of time I couldnt get a lengthly Visa and had to check in and out every 5  days ! I did this for a couple months!

Previously I had a 6 month visa and never had to leave and return ! So...I actually dont think showing the history demonstrates non ignorance :)

I more think it demonstrates compliance !

 

Anyway....

At least I have a handle on the consequences now!

We'll go face the Music :)

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edelweis
There was a period of time I couldnt get a lengthly Visa and had to check in and out every 5  days ! I did this for a couple months!

This is interesting, never heard of this before.

Do you mean you had to cross the border every 5 days?

What kind of visa did you have then?

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He seems to be in Shenzhen, so was probably heading in and out on the five-day Shenzhen-only visa. And he can think what he wants, but given his many previous visits I think the PSB will not believe he was ignorant of the stay limitation. Did he really think he could stay for four years on that visa? Not a good situation if they don't believe you.

The PSB can also fine his girlfriend or her landlord for not registering him.

Perhaps the recent poster here who had a two-month overstay will tell us the fine he paid.

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edelweis

@889: ah I see thanks.

 

@Hoolee:

 

they explained I could leave China for up to 2 months and re enter and exit as many times as I like ! They failed to mention, the 60 day periods I had to go out and come in

 

Since 2 months =~ 60 days, it looks like they tried to explain but there was a misunderstanding.

It's not that you can leave China for up to 2 months, it's that you can stay in China for up to 2 months.

 

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roddy

You've really not got any choice but to go along to the PSB and throw yourself on their mercy. The only reason I can see for not going immediately is if you want to wait a day or two until you've got the money in place to pay any fines, but even then - I'd go now. 

 

Good luck, let us know what happens!

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yes I was in and out on 5 day Shenzhen visa!

3 years ago, I had a 6 month Visa in Shenzhen and there was no in and out !

As a matter of fact, the Visa does allow me to exit China for up to a 60 day period !

I was just not informed, of the exit/entry each 60 days! 

The only residence I maintained here previously, I rented through a Real Estate Agency who did take copies of my passport and Visa! I thought that was adequate?

There has never been anyone around me to tell me any of these things and anywhere Ive gone or stayed has never been a hassle so...I have learned alot in a day !

I just hope I haven't created too serious a problem ???

I have heard and know of people who have been in China without any Visa after its totally expired and they claim the PSB has been more than lenient ! 

I will let you know what happens !

 

Thanks Again

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One more question ...

Would it be smarter to just try and Exit and see what happens or go directly to the PSB and explain ?

 

I am thinking, probably go to the PSB !

 

Thanks in Advance...

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There have been reports that sometimes an overstay of a day or two will be ignored at the border. But a one-month overstay is a different matter.

I recall once seeing someone in an adjoining line try to cross at Luohu with an overstay. He was told he could settle up then and there or handle it the next day at the PSB in Shenzhen. It didn't seem to be a fierce we've-caught-you situation, though I don't know the length of his overstay.

In any event, leaving at Luohu isn't like leaving at an airport, where you either pay what they ask or miss your flight, and they know it.

There's the added bit that you weren't properly registered -- the notification of this rule is right there under "Important Notice" on the back of the departure card in your passport -- which might possibly be overlooked at the border but not at the PSB.

There's also the question whether you'll need to pay for an extension in addition to any fines. An extension usually costs the same as a visa, about US$100 now for Canadians I believe. And an extension might cancel your existing M visa. It's possible dealing with this at the border might not require an extension.

Further, Luohu is a very busy place and probably gets done what has to be done pretty quickly.

In short, dealing with this at Luohu might be a mistake but might as well not be a mistake.

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Thanks Again.

I have had dealings with the Luohu people in the past and are always a pretty courteous and helpful staff !

So I think I will just arrive there and present my problem !

The PSB in Shenzhen are not so friendly :)

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As a matter of fact, the Visa does allow me to exit China for up to a 60 day period !

I was just not informed, of the exit/entry each 60 days!

??? On what do you base this claim? I've never before heard about a visa with a maximum exit period.

For now I've to agree with edelweis, it seems they tried to tell, but it looks like there was a communication issue.

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I base this claim on the fact that you are allowed out of country for up to 60 days!

That is why, there was a communication error!

This is an all new Visa system that came into effect on March 4, 2015 for Canada  because of the new APEC Agreement.

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catherineak

dear hoolee,

According to what you post ,now currently you are hold 4 years business visa with multi entries every 60 days ,maybe you misundestanding what the visa agency help you.it is not means leave china up to 60 days ,it is means each time you enter into china can stay in china for not more than 60 days ,you can go out of china every 45 or 30 or 56 days ,but can not stay in china for 60 days each time enter into china,so it will be for multi entries.

Now if you have been overstayed in china,then advice that go to psb ,if you go to luohu port ,the results will be the same need go to psb ,and tell you what is the right meaning about visa ,and also you need give some money to PSB,one day for RMB500,just be polite to the police ,and tell them you are misunderstanding about 60 days.

As usual need give money for rmb 500 one day ,then you can go out of china.

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edelweis

I base this claim on the fact that you are allowed out of country for up to 60 days!

That is why, there was a communication error!

This is an all new Visa system that came into effect on March 4, 2015 for Canada because of the new APEC Agreement.

Interesting. What would happen if you stayed say 3 months out of China?

Perhaps you have a link to an embassy page or Chinese government website that explains this new Canada visa rules?

Hope everything went well at the PSB, did they make you pay a fine?

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