Living in China With Expired Visas

Having an expired visa in China is a no-no. If you live in China, you are probably already pretty aware of this. Let's take a look at what you need a visa to do in China:

What You Need a Visa to do in China

• Stay in a guest house / motel / hotel (the more expensive the place, the more likely they will check for a valid visa - mid range hotels and up always check, guest houses in tourist cities rarely if ever check)
  
• Enter or leave China (kind of obvious one, no?)
  
• Rent an apartment
  
• Survive random spot inspections at your place of abode or (sometimes) on the street

So basically, unless you are adept at running from China's police and living on the streets / in the wild, it's a pretty good idea to keep your visa status up to date in China.

If you want to try and live without one, let me know how it turns out for you.

What the Chinese Government Can do to You if Your Visa is Expired

Legally, the Chinese government can fine you 500 RMB a day up to a maximum 5000 RMB, and can throw you in jail for up to 30 days if you get caught with an expired visa.

But you should be more worried about what could happen - like locking you up and throwing away the keys. Not that it's likely, but it's hard to trust the cops anywhere in the world, especially when you are a foreigner. So…

Be safe and keep your China visa up to date

This warning inspired by an article in today's Wall Street Journal, which says that police are cracking down on undocumented / expired visa carrying foreigners in Beijing in preparation for the Olympics.

How to... choose the right visa 外籍人士如何选择正确的签证

This website features comprehensive How-to instructions for different visa types and how to get supporting documents. A list of all guides can be found in the left-hand column. For questions which are not answered in any of the posts, please Leave a message to Ask a question.

If you don't know what visa you should apply for in the first place, here's a very short guide:

You come to China as a tourist for up to three months? You should apply for a tourist or L visa. Have a look at "How to get a tourist visa" if you're staying at a hotel, and an additional peak into "How to... get a private invitation letter for a tourist (L) visa" if you're staying at a friend's or family member's house. L visa are usually issued for 30 days and may be extended in China for twice if you can prove you have sufficient funds to stay, or if you could find a visa agency to help you.

You come to China on a business trip - that is, a temporary project with a China-based company that invites you? If this company has the right to invite foreigners, they might want to have a look at "How to... get an invitation letter for a business (F) visa" and you at "How to... get a business (F) visa".
How many days you could stay with F visa?
---Normally, you could only stay for 30 days.

What should I do if I want to stay longer?
---Extend it for another 3 or 6 months either by your original Inviter;
---Or, by Visa Agency in China's Mainland. Such as ALL-ONE, can help you get "6 months or even longer" extension.

You come to China to work, be it for an internship, a long term position, a Chinese or a foreign company? The Z visa which will grant you the right to a residence permit is your friend. Getting it is a tough and long procedure, but absolutely worth the hassle. The residence permit gives you a completely legal status in China, allows you to buy a house, pass the driving license and many more benefits. Have a look at "How to... get a Z visa" to get familiar with the procedure which requires a lot of help from your employer, you undergoing a health check and, at times, a dedicated agency. Residence permits have a standard duration of ne year and can be extended pretty easily.

You come to China to study with an official university or school? They will provide you with all the documents you need to apply for a study (X) visa. Like the Z visa, it is subsequently changed into a residence permit (still time to get that Chinese driving license!).

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In all of the above situations, once arrived in China, you will have to register with your local police station within 24 hours of your arrival. Don't take this responsibility lightly!

---

You cannot find your situation in any of the above descriptions?

• You work here, but your company is too small or can for other reasons not apply for a work permit / Z visa for you?
  
• Your internship is so short you reckon applying for a year-long Z visa is not worth the hassle?
  
• You're self-employed, but cannot set up your own company?
  
• You study, but your school cannot provide the official university documents for you to apply for an X visa?
  

Right now, these are some of the grey areas where your situation may require a longer stay in China, but you cannot get the visa which was intended for your situation.

In the past, agents were able to provide invitation letters for long term F visa, issued by no name companies, for small amounts of money. Nowadays, getting one of these precious letters is rather difficult, and even if they're issued, they are often only good for a 30 days F visa. To extend their stay in China to a maximum amount of time, many people resort to kits made of multiple extensions of visas issued in Hong Kong. The current situation is that short term F and L visas are still being issued in the Special Administrative Region, but while 30 day L visa are pretty straightforward to get (see here for details), 60 or even 90 days (be it L or F) uninterrupted stay in China are quite hard to achieve.

How to... get a work (Z) visa 如何获得工作签证

The Z visa is the only legal way to constantly work in China, be it for a Chinese or a foreign company. It's also the appropriate visa if you are a freelancer in China, while you have to understand that such thing as freelancing doesn't really exist - you'll have to set up a (albeit one man) company and appoint yourself as its boss.

The Z visa constitutes the basis for the residence permit - and this is where confusion starts. When people say they're here on a Z visa they're technically wrong, because a Z visa is issued for only a short period of time which will allow you to change it into a residence permit.

Let's look at the process of getting a Z visa*:

Most people will be in China on another visa and then switch to a Z visa. We will therefore assume you're in China and have decided to pop the question to your employer. He is responsible for applying for a work permit for you and will need to hand in a bunch of documents. Those are:

a) Counterpart of business license of the enterprise (original and one copy)
b) Approval Certificate (copy)
c) "Application for Recruiting Foreign Worker in China" (form provided by agency / employer)
d) The letter of intention for employment (provided by agency / employer)
e) Board resolution and articles of association required for the position of managing director (with company chop)
f) Your personal resume (Chinese Version), original and one translated copy of each diploma and certificate of vocational qualification

(Please note that the authorities will take these qualifications as proof you are sufficiently skilled to fill a position that cannot be filled by a Chinese employee. In practice, this means they will check if you are above the age of 25 and below the age of 60, have a relevant diploma of at least bachelor level, a minimum of two years of relevant work experience and so on. They can be more or less strict on these points but applications will usually be tough if your degree is less than two years away. For senior technical staff, companies can apply for a "Foreign Expert Certificate" to circumnavigate the 60 years old / university diploma restriction. Rules may also differ between Shanghai and Beijing.)

g) Passport
h) Physical examination record (Health Check)
i) One photocopy
j) Reference letter from your enterprise. Please provide one official letter paper with company chop. The content will be provided by your agency / employer.
k) Working permit request form (provided by agency / employer)

l) Since June 2008, some Chinese provinces have started requesting criminal record certificates from at least some work permit applicants. Requirements seem to differ on provincial levels. More information can be found here:
Criminal Record Certificates to be Required for China Work Visas

The outcome of this process will be the work permit, an A4 green-ish page with your data on it:

(click here to see a PDF example)

Now comes the tricky part: applications for Z visa are only accepted outside of China, which means you will at least need to go to Hong Kong at some point to apply for your visa. In any case, on the invitation letter you take along the location of application should be clearly stated ("Please apply forthwith... at the Embassy in Hong Kong").
---Up-to-date News: No need to go for Hong Kong by our service now!!!

The official regulation states that applicants should apply for visas in their home country - so although visas are currently still being issued in Hong Kong, there's always a little risk involved.

The only exception to this rule is when your position in your company is very high - this will usually apply to GMs and Vice GMs only (Chief Representatives of Rep Offices included) , but your firm's capitalization might play a role in this, too. Beijing will usually only accept domestic applications if the applicant is the legal representative mentioned on the company's business license. If this position of yours is clearly stated in all documents you provide for the application, you can apply for your Z visa without leaving China.

To apply for a Z visa abroad, you will need to provide

• the original work permit (外国人就业证)
• a copy of your health check, but you need to show the original
• an original invitation letter from your company, in the same format as an invitation letter you need for an F visa (工作签证邀请信), stating the right location for application for your Z visa
• the visa application form with a picture
• your passport
• you also might have to provide the booking confirmation for your flight to China

The Z visa you'll be issued now alows you to travel to China within a certain period, where the remaining formalities can be taken care of.

Now, you might be in China, but it's not over yet! If you look closely at the visa your got back from the embassy, you'll notice it says "entries: 1; duration of stay: 000 days" (sometimes 030 days). Don't get scared: this does not mean you'll have to turn around and go back home once you set a foot in the PRC. It means this Z visa is just a temporary document that allows you to enter China and apply for a residence permit. After you arrive here, the first thing you should do is register at your local police station. Within 30 days of your arrival, you can then change your Z visa into a residence permit. To do so, you'll need to ask your employer to do the following:

Apply for a Alien Employment Permit in China with
a) your Work Permit
b) One copy of the counterpart of business license of the enterprise
c) your Passport
d) The original of your Physical examination record (Health Check)
e) Two pictures
f) A Copy of your employment contract
g) The Employment Registration of Foreign Workers in China.

When your employer or his agency successfully applied for your alien employment permit, a little red/brownish book:

(click here to enlarge),

you can proceed to switching your Z visa to a residence permit with

a) Your Work Permit

b) The Counterpart of the business license of the enterprise (original and one copy)

c) The Temporary Residence Certificate your got when you first registered with your local police station

d) Your Passport

e) One picture

f) The Visa and Residence permit application form.

What you'll finally get is a red "cancelled" stamp over your Z visa and a brand new sticker in your passport saying "residence permit for foreigner". The residence permit is usually valid for one year and allow you to travel freely from and to China (multiple entries) during its validity.

As you now have a new document in your passport, don't forget you'll have to register with your local police station again! Your new registration will have the same duration of validity as your residence permit. Make sure you don't forget this last step because in case you'll want to extend your visa at some point you will be asked to provide the police registration!

Congratulations!

* Pretty often, confusion arises between the translations of the involved documents, employment permits, work permit, work licenses, invitation letters and so on. There are certain consensus but to be sure it's helpful to have the Chinese translation ready.

So, what I call a

• work permit = 外国人就业许可证
• working license = 外国人就业证
• invitation letter = 工作签证邀请信
• business license = 营业执照副本复印件
  
  

Updated News: Attention Please!!!
I have to make an apologize to Christie, because I didn't update this page in time.
Christie said in Email: "I don't understand why your website says that I do need to go to Hong Kong , and the governement website, and my office and other expat colleagues, and you say I do not. Can you explain?"
My Reply is: I am Really SORRY for the misunderstanding！！！I have checked my website, yes, it does say you should go to HK, but it really is a story at the beginning of this year, and maybe even is still a fact of today for many other visa companies or vendors. BUT, I am sure for 100% that you really don't need to go for HK, given it processed by our services.

How to... get a private invitation letter for a tourist visa-如何获得旅游签证的私人邀请函

Tourists who wish to stay with friends or relatives in China (as opposed to those staying at a hotel) are sometimes required to hand in additional information about their hosts.

This includes

• copy of the hosts' police registration
  
• copy of the hosts' passport
  
• copy of the hosts' visa page
  
• copy of the hosts' employment license
  
• work and private address in English and Chinese
  
• personal invitation letter (click here to download a template)

Chinese embassies in some countries will only allow tourists to stay at private accomodation if they are directly related to the applicant and may, in rare cases, require a proof of kinship.

For tourists staying with friends in China, please note you need to register with the local police station within 24 hours upon your arrival.

How to... get an invitation letter for a business visa-如何获得商务邀请函

If your company needs to invite personnel from abroad for short business missions in China, they will have to apply for an invitation letter for the person to come to make sure he or she can get an F visa. For stays under 30 days of duration, and with only one single entry to China, an informal invitation letter is usually sufficient. For longer stays, companies are advised to get an official invitation letter from the local Bureau of Commerce.

The corresponding authority in Beijing is the:

Beijing Municipal Bureau of Commerce
Service Hall on the first floor, Counter 11, 190 Chaoyangmennei Daijie, Dongcheng District, Beijng
100010
Tel: 010-6522 1696, 010-6523 6688 ext. 2165
Fee: 400 RMB

You can download the application form for invitation letters online at http://eservice.beijing.gov.cn/ (only in Chinese).

After entering details online (the status of the application can be tracked online), pick up your
invitation confirmation at the Bureau of Commerce.

Required documents are:

• Print-out of the online application with company stamp and signature of the CEO
  
• Copy of the applicant's passport (personal information and any previous Chinese visas)
  
• Copy of the inviting company's business license
  
• Explanation of the reason for traveling to China with a company stamp: detailed company information and travel itinerary (further supporting documents, such as a project plan, contracts, or information about exhibitions to be visited, etc. are preferable)
  
• Further documents that the Bureau might require to process the application
  

The final result should look something like this:

(Click to enlarge)

If you have a look at the top of the letter it clearly states at which embassy or consulate the applicant should apply for his visa. If you want to apply in Hong Kong, you will need the appropriate invitation letter saying you should apply there!

Please note it's currently pretty difficult to obtain F visa even if a company manages to get an invitation letter from the Bureau of Commerce! Some companies can only issue letters to GMs from abroad, some none at all. Make sure you think about alternative options in case the employee's application is rejected.

The most Convenient way to extend or convert your visa is to ask us to help you.

---------Invitation Letter Service---------

Foreigner Z (Work) Invitation Letter---900RMB;

Foreigner F (Business) Invitation Letter---600RMB;

We can help all your Chinese visa needs. Our Bilingual China Visa Specialists are willing to help you.You are also welcome to our office, which is located at Dongzhimen, very near from the subway station.

For any questions, please do not hesitate to contact us by:
Tel: +86-10-86608218
Mobile: +86-13810620497
Email: Best_Life@163.com
MSN：william.hou@hotmail.com
Website: http://sites.google.com/site/china100visa
Add: Room 707-708, CYTS Plaza, Dongzhimen South Street No.5, Beijing, China

How to... extend my visa in Beijing 如何在北京办理签证延期

Your safe haven for extensions of L and F visa is the PSB or Exit and Entry Management Section of the Public Security Bureau.*

Concerning the extension of L (tourist) visa, make sure you check the newest regulations mentioned in the PSB leaflet (page 1 and page 2). Please be aware that restrictions have been tightened and most applicants will need to prove they have sufficient funds on their own Chinese bank account (sufficient funds being defined as 100$/day of stay in China or 25.000 RMB for a one month extension). According to current information, tourist visa can be extended twice in Beijing for 30 days, up to a total duration of stay of 90 days. However, stricter rules apply to nationals of other Asian countries, who may only be able to extend theuir visa once for ten days.

When it comes to finding the perfect timing strategy, be advised that as long as your passport lands on a PSB desk the day your visa expires, you're completely fine. Your new visa will automatically be issued from the day you hand your documents in. If you want to be 120% sure, go the day before its expiry so that you can come back in case you forgot a document.

The Exit&Entry Section is located at
2 Andingmen Dongdajie, Dongcheng District
(southeast of Beixiaojie Bridge)

If you take public transportation, you can take

Bus number 44, 13, 116, 117, 807 to Beixiaojie Huokou or

Subway Line Number 2 to Lama Temple (Yonghegong) station.

If you're going by taxi, you might want to print out their Chinese address:

公安局出入境管理处

东城区安定门东大街2号（北小街桥东南）

(If your computer cannot display Chinese characters, you can download a jpeg with the address here and print it out)

Click here for a map in Chinese!

A normal extension should take about five working days, but do not forget to consider potential public holidays.

If you need to travel within China while your passport is at the PSB, you can do so with the receipt slip (or "domestic travel authorization") they give you when you hand in your documents. However, be advised that especially in smaller Chinese cities this may lead to confusion at the airport, resulting in longer processing times. I therefore advice you to be at the airport a bit earlier and bring your alien employment permit if you have one.

Travelling outside of China, including to Hong Kong, is not possible without your passport.

The PSB's phone numbers are
(0086 10) 84020101 for the information desk;
(0086 10) 84015316 for the general customer service line.

How to... understand your visa 如何正确解读你的签证

A Chinese visa consists of different factors, and some of them might confuse people when it comes to validity of their document. We will first have a quick look at what the numbers on your visa mean and then explore some "What if...?" scenarios that will help you understand their meaning. In the following explanations, I am referring to L (tourist) and F (business) visas. Slightly different rules apply to X (student) and Z (work) visas because they are changed into residence permits upon arrival in China.

(Click to enlarge)

The "Number of entries" refer to the number of times the visa holder is allowed to enter China before the "enter before" date. In case your visa has single or double entry, the entry/ies will be crossed out by the Immigrations Officer when you arrive in China. If you get a single entry visa in China, you can therefore leave the country and come back once - the mere fact that the visa was issued in China does not make your entry invalid. Traveling on a visa with no valid entry left results in refusal of entry at the border.

The "Enter before" date on your visa is pretty much self-explanatory - you have to use up all your available entries before or on that date. This date is often referred to as validity of your visa, which some may find misleading. What is important to know is that you can still stay in China after the "enter before" date if you don't exceed the duration of your stay.

The "Duration of stay" refers to the maximum days visa holder is allowed to stay in China each time, counted from and including the date of entry. Even if you arrive in China at eleven in the evening or leave the country at 01.00am, both will count as full China days.

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Q: What if... my enter before date is August 20th and my duration of stay is 30 days, and I want to enter China on August 15th and stay for a month?

A: Even if your date of exit is beyond the "enter before" date, you can use up your full thirty days as long as you enter the country before that date.

Q: What if... I have a double or multiple entry visa and extend it in China? Will I still have as many entries left?

A: When you extend your visa, you are technically always issued a new document. In most cases, this new visa will either have zero or one entry.

Q: What if... I overstay my visa?

A: Overstaying your visa is not a petty crime in China. You will be fined 500 RMB for each day you overstay, up to a total amount of 5000 RMB. Even if you need only one or two more days, go talk to the PSB and see if you can extend with them.

Q: What if... I have to renew my passport?

A: When you renew your passport, you will usually take it to your embassy which will cut a corner of your old passport. Take that (now invalid) passport and the new one to the PSB within ten days from the issue date of your new passport and ask them to transfer your visa.

Sometimes, when you pick the new passport up from the embassy, the issue date will already be more than 10 days ago. In that case, you will need to ask your embassy to certify the date you picked up your new passport; otherwise, the Chinese authorities will not transfer your visa.

How to... get a business (F) visa 如何获得商务签证

(Feb 12th, 2009) L to F conversions are back in the 'Jing, but for maximum 6 months F visa with double entry.

(Jan 9th, 2009) Attention: Please note that the conversion from L/X/Z to F visas is currently NOT POSSIBLE in Beijing through any agency! We still have to find out if this measure is temporary or permanent.

F visas used to be the hassle-free option for business travellers and self-employed expats but are now a lot harder to obtain. You can apply for them abroad or in China and will need to hand in

• Flight bookings
  
• Stamped (chopped) hotel reservation OR
  
• Proof of residence in China (lease contract for own apartment), although only very few embassies will accept this
  
• Original invitation letter from a relevant department of the Chinese government, company or institution, under the authorization of the Ministry of Foreign Affairs of China
  

While in the good old days nearly any invitation letter was accepted, it seems now that very specific requirements need to be met, at least for stays over 30 days duration and/or with multiple entries. Click here to see an example of an official invitation letter. For shorter stays with one only entry to China needed, an informal letter from your company will usually do the trick.

Read my "How to... get an invitation letter for a business visa" post to find out how a company can apply for an official invitation letter.

F visas can sometimes be extended in China if the following situation occurs:

• you currently hold an F visa which you got outside of China
• you still have a copy of this invitation letter, which needs to have the official format
• you can provide the business license of the company inviting you.

In that case, you can take the copy of the original invitation letter and your current visa to the PSB and ask to extend it; however, the duration of the extension will be decided by the officer.
In case your company is unable to get the officially approved invitation letter, you might also want to contact one of China's many visa agencies. They can usually provide 6 and 12 months F visas to people who are already in China.

How to... get a tourist (L) visa 如何获得旅游签证

Tourist visas are issued in Chinese embassies and consulates abroad and may be extended within China. To apply for a tourist visa, most Chinese embassies will only ask you for a completed visa application form and passport-sized pictures. However, some nationals, espcially those from Asian countries, might face tighter requirements and may need to provide

• Outbound and return flight booking within the time the visa is applied for (that means that even if you plan to extend your visa in China, you still need to provide a flight within your original visa period).
  

• Stamped (chopped) hotel reservation for the complete duration of stay. In case you or your hotel are not entirely sure about what this confirmation should look like, you can download a form here. Only some embassies will accept online bookings.
  

• Alternatively, if you are staying at a relative's house, proof of kinship (marriage / birth certificate) and copies of his/her passport, visa, residence permit and police registration along with a personal invitation letter (see "How to... get a personal invitation letter") need to be provided. Please note that currently in some embassies, applications for tourist visas are only accepted without a hotel booking if the applicant has close relatives in China!

L visas are usually issued for a period of 30, sometimes of 45 or 60 days. They can be extended twice in Beijing (note the current regulations on how to extend L visas in Beijing, page 1 and page 2), which allows most visitors to stay in China for a maximum of 90 days in a row (assuming they started with a 30 days L visa). Extensions are subject to different regulations in other Chinese cities.

However, if you are married to a Chinese national, you are eligible for a 12 months multiple entry L visa if you hand in your marriage certificate with your application (you can also do this in China). Please note that this L visa does not entitle you to work legally.