Ordered to leave China: exit within a time limit, repatriation and deportation

China's Exit and Entry Administration Law provides three distinct ways a foreigner can be removed from the country: an order to exit within a time limit and deportation, both in Article 81, and repatriation in Article 62. They differ in what triggers them, in who decides, and in how long the person is kept out afterwards — the Law sets a 10-year entry bar for deportation (Article 81) and a one-to-five-year bar for repatriation (Article 62), and Article 81 states no bar at all for the order to exit within a time limit. These provisions come from the Exit and Entry Administration Law of the People's Republic of China (adopted 30 June 2012, in force 1 July 2013 — Article 93) and the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners, State Council Decree No. 637 (promulgated 12 July 2013, in force 1 September 2013).

Who these provisions are written for

The Law addresses "foreigners", not students. It names foreign students specifically only in Articles 42, 43 and 45, so nothing in the removal provisions turns on holding a student residence permit; the same articles apply whether a person is in China to study, to work or for another purpose. What a student does notice in practice is the second half of the trigger: the first measure is aimed at people whose activities no longer correspond to the purpose of their stay or residence.

The first measure: an order to exit within a time limit

Law, Article 81, first paragraph: where foreigners engage in activities not corresponding to the purposes of stay or residence, or otherwise violate the laws or regulations of China, and this makes them no longer eligible to stay or reside in China, they may be ordered to exit China within a time limit. The article uses "may" — it states a power, not an automatic consequence.

The time limit itself is fixed by Regulations, Article 33. Once the decision is made that a foreigner will exit within a certain time limit, the decision-making authority first cancels or confiscates the person's original exit and entry documents, then goes through the formalities for the stay in China and sets the time limit for exit. That limit shall not exceed 15 days. Article 33 does not say how a shorter limit is chosen, or whether the 15 days can be extended.

Article 33 of the Regulations refers only to "the decision-making authority" and does not name a body. Of the three measures, only deportation has a deciding organ named in the Law (the Ministry of Public Security, Article 81); Article 58 says that repatriation is enforced by public security organs at or above the county level or by exit/entry border inspection authorities, and Article 62 does not say who decides it.

What happens to the visa or residence permit

The decision does not leave an existing document standing. Under Regulations, Article 34(2), where the time limit for a person's exit, repatriation or deportation has been decided and the visa, stay permit or residence permit has not been confiscated or cancelled, the issuing authority declares it null and void — either on the spot or through a public notice. Regulations, Article 35(3) gives public security organs the parallel power to cancel or confiscate the document where the holder has been decided on a time for exit, repatriation or deportation; Article 35(1) also covers documents declared null and void or used fraudulently by someone else, and Article 35(2) covers documents that are forged, altered, or obtained by fraud or other illegal means. The authority that cancels or confiscates a document shall, in a timely manner, notify the issuing authority (Regulations, Article 35, final paragraph).

For a student, this is the practical link to the permit issued after arrival: a residence permit for study is cancelled or declared void on the same footing as any other document.

Repatriation: Law, Article 62

Article 62 lists four circumstances in which foreigners may be repatriated:

1. They are ordered to exit China within a prescribed time limit but fail to do so;
2. They are involved in circumstances in which they are not allowed to enter China;
3. They illegally reside or work in China; or
4. They need to be repatriated for violation of this Law or other laws or administrative regulations.

The same paragraph adds that other overseas personnel who fall under any of those circumstances may be repatriated in accordance with the law. Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation. Article 62 does not say how the number of years inside that range is decided, or who makes that call; Regulations, Article 31 provides that the organ that makes the decision on repatriation shall, in accordance with law, decide on the specific duration of time in which the foreigner shall not be allowed to enter China.

The first circumstance is the hinge between the two measures: staying past the ordered exit date is itself a ground for repatriation.

Deportation: Law, Article 81

The second paragraph of Article 81 covers the most serious case. Where a foreigner's violation of the Law is serious but does not constitute a crime, the Ministry of Public Security may deport them, and 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, calculated from the date of deportation.

Article 81 does not define what makes a violation "serious", and it does not describe the boundary between a serious violation and conduct that constitutes a crime. Article 81 itself sets out no review or appeal of the deportation decision: it states that the decision is final.

The three measures side by side

	Order to exit within a time limit	Repatriation	Deportation
Stated in	Law, Article 81; time limit in Regulations, Article 33	Law, Article 62	Law, Article 81
Trigger	Activities not corresponding to the purpose of stay or residence, or another violation that makes the person no longer eligible to stay or reside	One of the four circumstances in Article 62, including failure to leave by the ordered time limit	A violation of the Law that is serious but does not constitute a crime
Deciding authority	Not named; Regulations, Article 33 says "the decision-making authority"	Not named in Article 62	Ministry of Public Security
Maximum time to leave	Not more than 15 days (Regulations, Article 33)	Not stated	Not stated
Entry bar	None stated in the Law	One to five years from the date of repatriation	10 years from the date of deportation

The comparison that matters most for planning is the last row: the Law attaches a bar to two of the three measures and is silent on the third.

Questions people ask

Does an order to exit within a time limit also ban me from returning to China?

The Law states no entry bar for this measure. Article 81 attaches a 10-year bar only to deportation, and Article 62 attaches a one-to-five-year bar to repatriation. Regulations, Article 33 sets a time limit of not more than 15 days but says nothing about re-entry.

How long is the bar after repatriation?

One to five years, calculated from the date of repatriation (Law, Article 62). Article 62 does not say how a figure inside that range is set; under Regulations, Article 31 the organ that makes the decision on repatriation decides the specific duration in accordance with law.

Can a deportation decision be appealed?

Law, Article 81 states that the penalty decision made by the Ministry of Public Security shall be final. Article 81 sets out no appeal or review of that decision. Article 64 provides for administrative reconsideration of measures such as continued interrogation, detention for investigation, movement restriction or repatriation; it does not name deportation.

If I am told to leave, does my residence permit stay valid?

No. Regulations, Article 34(2) provides for the permit to be declared null and void once a time for exit, repatriation or deportation has been decided and the permit has not been cancelled or confiscated, and Regulations, Article 35(3) provides for cancellation or confiscation by a public security organ on the same ground.

Do these articles treat students differently?

No. The removal provisions are written for "foreigners" generally; the Law names foreign students specifically only in Articles 42, 43 and 45, none of which are removal provisions.

Sources

• Exit and Entry Administration Law of the People's Republic of China — National Immigration Administration
• Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners — National Immigration Administration

Checked 11 October 2026

This page is an unofficial summary of the official texts named above, is not legal or immigration advice, and is not published by the bodies named; if this summary differs from the official text or from the instructions of the visa office or exit-entry administration authority handling your case, the official text and those instructions prevail.