哪些情形会被拒绝入境中国

English

Denied Entry to China: Four Cases Under the Law

A visa approval does not guarantee admission. Whether a foreign national may enter China is decided at the port of entry by the border inspection authority under the Exit and Entry Administration Law, Article 25 of which lists four situations in which entry is not permitted.

• Legal basis: Article 25 provides that foreign nationals shall not be permitted to enter in any of the situations listed below, and adds that the border inspection authority may decline to give reasons for a refusal.
• First category, documents and inspection: failing to hold valid exit-enter documents, or refusing or evading border inspection.
• Second category, overlapping with grounds for refusing a visa: falling under items 1 to 4 of Article 21(1), namely being deported or repatriated and still within the period during which entry is prohibited; suffering from severe mental disorder, infectious pulmonary tuberculosis or another infectious disease likely to seriously harm public health; being likely to endanger China's national security and interests, disrupt public order or engage in other illegal or criminal activity; or committing fraud in the visa application or being unable to guarantee the funds needed during the stay in China.
• Third category, purpose inconsistent with visa type: being likely to engage in activities inconsistent with the type of visa held after entry.
• Fourth category, other statutory grounds: other situations in which entry is prohibited by laws and administrative regulations.
• How it differs from a visa refusal: a visa is prior authorisation decided by the visa authority under Article 21, while a refusal of entry is an on-the-spot decision made by the border inspection authority at the port under Article 25. The legal basis, the deciding body and the timing are all different.
• What happens after refusal: Article 26 provides that a foreign national who is not permitted to enter shall be ordered to return; if the person refuses, the return shall be enforced. While waiting to return, the person may not leave a designated area.
• If you disagree: you may raise the matter with the border inspection authority that made the decision or with its superior body, and you may seek administrative reconsideration or bring an administrative lawsuit in accordance with the law. Policy enquiries can be made through the National Immigration Administration 12367 service platform.

In practice, the most common trigger is a mismatch between the purpose of entry and the type of visa held. Entering on a tourist visa while taking paid work, staying long term on a short-stay visa, or entering as a visitor while actually running a business can all be treated as being likely to engage in activities inconsistent with the visa type.

The second issue is the accuracy of documents and statements. Article 21(1)(4) lists committing fraud in the visa application or being unable to guarantee the funds needed during the stay as grounds for refusing a visa, and Article 25 carries that ground over to refusal of entry. Invitation letters, itineraries, accommodation bookings, return tickets and proof of funds that do not match each other are the first thing border officers will question.

The third issue is the condition of your documents. A passport with too little validity left, a visa page that is already used up, a damaged document, or refusing or evading inspection will fall squarely within the first category. Checking passport validity, visa validity and permitted stay before departure is the simplest precaution.

One warning: any agent promising a guaranteed approval or guaranteed admission is not credible. Whether entry is permitted at a port is decided only by the border inspection authority under the law. The above is a summary of key points; please rely on the official publication for details.

The above is a summary of key points only. Please refer to the official announcement for the authoritative version.