Introduction
An Australian-born Chinese child went back to China for a family visit.
But when it was time to return to Australia, the shocking news came:
The child had overstayed and was deemed to be residing in China illegally.

The guardian was held responsible on the spot.
In some cases, guardians may face fines, and in serious situations, even detention.

Australian Chinese Children Declared “Illegal Residents”

For Chinese immigrants in Australia—whether permanent residents or naturalized citizens—their children born in Australia hold Australian passports.

When bringing such children back to China, parents or guardians must apply for a short-term family reunion visa.

On September 19, 2023, Ms. Zhong was preparing to take her Australian grandson, Xiao Zhu, out of China and back to Australia. At customs, they were stopped by officers.

It turned out that Xiao Zhu’s short-term family reunion visa only allowed him to stay in China for 90 days. However, due to a miscalculation, his stay extended to 91 days. Even a one-day overstay was considered a violation.

Because Xiao Zhu was under 14 years old, Ms. Zhong was deemed not to have fulfilled her guardianship duty. Fortunately, since the case was minor, she was only given a verbal warning.

Another Case: 24 Days of Overstay

A more serious case occurred at Zhuhai Customs.

On October 8, 2023, Mr. Zhu was traveling with his one-year-old son Xiao Zhu to Canada. Both held Canadian passports with short-term family reunion visas.

Mr. Zhu had only entered China on September 29, 2023. But his son had arrived much earlier, on March 18, 2023.

The child’s visa allowed a maximum stay of 180 days. By the time of departure, he had stayed 204 days, overstaying by 24 days.

Although the child was also under 14 years old, Mr. Zhu was considered negligent. Customs officers issued a warning and imposed a 500 RMB fine.

Legal Basis

According to Article 78 of the Law of the People’s Republic of China on Exit and Entry Administration:

Foreigners who illegally reside in China are subject to a warning.

In serious cases, a fine of 500 RMB per day of overstay (up to 10,000 RMB total) or detention of 5–15 days may apply.

If a foreign child under 16 illegally resides due to the guardian’s negligence, the guardian may be warned and fined up to 1,000 RMB.

How Is the Legal Stay Period Calculated?

The legal stay period refers to the permitted duration of stay granted under a visa or visa-free entry.

For short-term family reunion visas (like in these cases), the stay period is calculated from the day after entry.
Example: If entry was on March 18, the first day of the stay period is March 1

For visa-free entries (e.g., Singapore, Brunei, and the newly added unilateral visa-free countries such as France, Germany, Italy, the Netherlands, Spain, and Malaysia), the stay period is calculated from the day of entry.

Conclusion
Whether you are an overseas Chinese or a foreign tourist entering China, it is crucial to clearly understand your visa’s permitted duration of stay. A simple miscalculation may lead to violating immigration law—with consequences ranging from fines to detention.