One-Year-Old Caught in Illegal Stay Scandal?! The Penalty Is。。。

One-Year-Old Caught in Illegal Stay Scandal?! The Penalty Is...

As the new year dawns, international visitors to China are seeing a wave of favorable entry policies. The buzz of "China travel fever" grows louder, with convenient measures inviting the world to explore, connect, and experience. Yet, amidst this ease of travel, a cautionary tale emerges for overseas Chinese and foreign friends alike: stay vigilant about the visa or visa-free stay durations for yourself and your children.

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Two Similar Cases, One Clear Message

Two startlingly similar incidents unfolded at Zhuhai Border Inspection Station's Gongbei checkpoint in recent months. Both involved one-year-old children with the same last name and an identical plight: overstaying their short-term family reunion visas due to parental miscalculations.

Case One: A Miscalculation Spanning Months

On October 8, 2023, Mr. Zhu and his one-year-old son prepared to leave China. Both held Canadian passports with short-term family reunion visas. However, during the routine passport check, immigration officers noticed a discrepancy: the father and child had significantly different stay durations. Further scrutiny revealed that the child had overstayed by 24 days, clocking 204 days in China despite the visa's 180-day limit.

The issue stemmed from the child entering the country earlier with other relatives in March, while Mr. Zhu only joined him in September. The 195-day gap between their entries went unnoticed by the father when calculating their permitted stay.

Case Two: A Grandmother's Error

On September 19, 2023, Ms. Zhong attempted to exit China with her Australian grandson, also surnamed Zhu. His visa allowed a 90-day stay, but a day-long miscalculation resulted in a 91-day stay, constituting a minor overstay.

The Consequences

The two young children were spared administrative penalties due to their age, but their guardians faced repercussions. Mr. Zhu received a warning and a 500-yuan fine, while Ms. Zhong was issued a warning.

According to China's Exit and Entry Administration Law, foreigners overstaying their visa or residency period can face penalties ranging from warnings to fines of up to 500 yuan per day (capped at 10,000 yuan) or even detention. For minors under 16, guardians can be held accountable for failing to uphold their duties.

Stay durations vary depending on visa types and start the day after entry for most visas, but exemptions like visa-free travelers may have their stay counted from the day of entry.

Source: 国家移民管理局, 珠海边检总站, 中国普法

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