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Insights / Exit Bans & Visas

Exit Bans and Visa Status: When You Cannot Leave China

Stopped at the border without being charged, an expired visa, and the border between an administrative problem and a criminal one.

Two of the most common panics in a foreign-related case never reach a courtroom. The first is being told at immigration that you cannot leave China — an exit control decision, which is not a penalty and not a charge. The second is an expired visa, which is an administrative violation rather than a crime, however long the overstay has run. These guides take them in the order the questions actually arise: the three legal bases for an exit ban and how long each one lasts, the two routes to having a ban lifted, and the four acts that turn an overstay into a criminal charge instead of a fine.

2 guides

In this section

Common questions

Questions families ask about exit bans & visas

Is an exit ban a criminal penalty in China?
No. It is an administrative restriction under Article 28 of the Exit and Entry Administration Law. It does not create a criminal record and does not lapse with the case — it must be revoked by the authority that imposed it.
Is overstaying a visa a crime?
No. Illegal residence and illegal employment are administrative violations under Articles 78 and 80 of the Exit and Entry Administration Law. The Criminal Law contains no offence of illegal overstay; only separate acts, such as forged documents or illegal border crossing, are criminal.
Can I leave China while a criminal case is still open?
No, even if you are not in custody. A suspect or defendant in an unfinished criminal case may not leave China. Release on guarantee or residential surveillance does not remove the restriction.

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