Yes, This is Also Considered Illegal Residence in China!
Source: JobTube, Arianna J., Josh B.
When the police of the Entry-Exit Administration Brigade of Fengtai Branch of Beijing Public Security Bureau were on duty around the Beijing South Railway Station, they checked the passports of foreigners, according to law.
When they came to German man named Wuke (as per the Chinese pronunciation), he showed his passport very cooperatively. The passport was acceptable, and his temporary entry permit (144-hour visa-free transit) was also valid.
However, the police told Wuke: "You are suspected of residing illegally in China, and have been detained as per the law.”
"What? I have legal entry documents and my 'visa' has not expired. You must have made a mistake!" Wuke replied.
The thing is, the policemen made no mistake. Wuke entered China through the Shanghai Pudong Airport the day before.
The "Area of Stay" is enforced, and if foreigners leave those area, then they are residing illegally in China.
The temporary entry permit that he carried, limited the area of his stay to "Shanghai, Jiangsu and Zhejiang".
In other words, he was only allowed to stay in the above areas, but was caught by Police in Beijing.
The police told Wuke, that according to the Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners that:
Entry and Exit Snippet of the Law
Article 25: In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:
(1) The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;
(2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;
(3) The activities of the applicant go beyond the restricted area of stay or residence; or
(4) Other circumstances where foreigners reside illegally.
That is to say, illegal residence includes both residence beyond time and residence beyond space. The stopover area of the 144-hour visa-free transit is marked in both Chinese and English.
Furthermore, according to Exit and Entry Administration Law of the People’s Republic of China:
Article 78: Foreigners who reside in China illegally shall be given a warning; where circumstances are serious, they shall be imposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan in total, or be detained for not less than five days but not more than 15 days.
The public security organ made a decision of administrative punishment according to law, and Wuke accepted it. In addition, the entry-exit police ordered Wuke to immediately return to the legal area limited by the temporary entry permit, which was "Shanghai, Jiangsu and Zhejiang".
A few days later, Wuke left Shanghai on time.
Not the Only Case
As a matter of fact, some other temporary entry permits are also limited to areas of residence. For example, previously, four Burmese border residents were found at Zhaogongkou bus station in Fengtai District, Beijing. They were only holding temporary residence permits that were issued for border residents to Yunnan Province by Ruili City. The residence permit could only be used in Ruili area.
Then and therefore, if holders of these types of permits leave their designated area, they are breaking the law, and their actions constitute illegal residence.
Another example, if a foreigner holds a Special Economic Zone Tourism Visa of the People's Republic of China, and travels from Hong Kong to Beijing, it is also illegal as it is beyond the Shenzhen and Zhuhai Special Economic Zones.
Entry-exit police remind that foreign friends coming to China shall notice and abide by their visa-free-limited areas.