1. What Is Illegal Residence?

According to Article 78 of the Exit and Entry Administration Law of the People's Republic of China, a foreign national is considered to be in illegal residence if any of the following circumstances apply.

Article 78 of the Exit and Entry Administration Law of the People's Republic of China stipulates that:

1. Remaining in China beyond the period permitted by a visa, stay permit, or residence permit;

2. Staying beyond the permitted visa-free period without obtaining the required stay or residence permit;

3. Engaging in activities outside the authorized area of stay or residence;

4. Other circumstances constituting illegal residence.

2. Four Common Situations of Illegal Residence

❌ Situation 1: Remaining in China After Visa or Permit Expiration

For example, a foreign national enters China on a 30-day tourist visa and remains in the country after the visa expires without applying for an extension or a new permit. Even an overstay of one day constitutes illegal residence.

❌ Situation 2: Exceeding the Permitted Visa-Free Stay Period

For example, foreign nationals entering China under a unilateral visa-free policy or the 240-hour visa-free transit policy who remain beyond the permitted period without obtaining the required documentation.

❌ Situation 3: Traveling or Staying Outside the Authorized Area

Certain visas or stay permits restrict activities to designated regions. Leaving the authorized area without authorization may be regarded as illegal residence.

❌ Situation 4: Failure to Obtain a Required Residence Permit or Continuing to Reside After Permit Invalidation

For example, a foreign national obtains a work permit but fails to apply for a work-type residence permit in a timely manner, or continues to reside in China after a residence permit has been cancelled or revoked.

3. Legal Consequences of Illegal Residence

According to the Exit and Entry Administration Law of the People's Republic of China:

● Minor violations may result in a warning;

● Serious violations may result in a fine of RMB 500 per day of illegal residence, with a maximum total fine of RMB 10,000;

● Administrative detention of between 5 and 15 days may also be imposed;

● Serious cases may negatively affect future visa applications and residence permit approvals, and may lead to deportation and restrictions on re-entry into China.

4. How to Avoid Unintentional Illegal Residence in Shaanxi and Xi’an

● Monitor the validity of your visa and residence documents and begin extension or modification procedures at least 7–10 working days in advance;

● Complete temporary accommodation registration promptly after moving into a residence in Xi’an;

● If you have questions regarding extensions or permit applications, contact the National Immigration Administration (NIA) hotline at 12367 for assistance;

● When changing employers or educational institutions, complete the necessary residence permit modification procedures in a timely manner to avoid gaps in legal status.

Illegal residence is often the result of oversight rather than intent, but the legal consequences can be significant. Foreign nationals in Shaanxi are encouraged to develop the habit of checking visa status, tracking expiration dates, submitting applications early, and retaining relevant documentation. 

Legal Basis

Articles 78, 79, and 80 of the Exit and Entry Administration Law of the People's Republic of China

Relevant policy interpretations issued by the National Immigration Administration (NIA)

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