What changes the answer
The signal ledger.
These facts move the question beyond a label and into a product, money-flow and control analysis.
Signal
Ask the operating question
Why it changes the route
Document type and expiry
Which visa, residence permit or other status document expired, and on what date?
Document type and expiry can change the applicable legal route, evidence requirement, timing or responsible entity.
Length/reason for overstay
How long is the overstay and what documented circumstances explain it?
Duration and surrounding conduct affect penalty, regularisation and exit handling.
Whether unauthorized work occurred
Was any paid or unpaid work performed outside the person’s authorised status?
Whether unauthorized work occurred can change the applicable legal route, evidence requirement, timing or responsible entity.
Employer involvement
Did an employer sponsor, direct or continue work during the status problem?
The sponsoring entity and actual employment arrangement must remain aligned.
Local exit-entry authority and any pending investigation
Which local exit-entry authority has jurisdiction and is an investigation or penalty pending?
Jurisdiction determines the filing office, local practice and procedural route.
Prepare before you escalate
Bring a compact evidence docket—not a pitch deck.
Give a compliance team or counsel the operating facts that reveal the perimeter.
01Passport/visa/residence permitEstablish identity, nationality, entry history and current immigration status.
02Work permitEstablish the relevant parties, dates, amounts and regulatory facts shown by work permit.
03Entry-exit recordEstablish the relevant parties, dates, amounts and regulatory facts shown by entry-exit record.
04Employment recordsConfirm the sponsoring employer, role, term, remuneration and work location.
05Any police/NIA noticesEstablish the relevant parties, dates, amounts and regulatory facts shown by any police/nia notices.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.
Sources last checked:
Exit and Entry Administration LawNational People’s Congress
National Immigration Administration current policieswww.nia.gov.cn
