1. Illegal residence
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;
(4) Other circumstances where foreigners reside illegally.
2. Illegal work
A foreigner holding a residence permit for study is not allowed to work. Where a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship placement specified in his or her residence permit.
A foreigner holding a residence permit for study shall not engage in any off-campus work-study or internship unless the information prescribed in the preceding paragraph is specified in his or her residence permit.
Foreigners who work in China illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000 yuan; where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.
Where foreigners engage in activities not corresponding to the purposes of stay or residence, or otherwise violate the laws or regulations of China, which makes them no longer eligible to stay or reside in China, they may be ordered to exit China within a time limit.
Where a foreigner’s violation of this Law is serious but does not constitute a crime, the Ministry of Public Security may deport them. The penalty decision made by the Ministry of Public Security shall be final.
Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation.