A Foreigner Is Subject to an Exit Ban in China: What Should the Individual and Employer Do?

1. Direct answer: the first response after an exit restriction

Stop repeated booking, port-shopping or attempts to test the system. Build a four-part record covering the individual, the restriction, the underlying matter and the decision-making authority. Record when and where the issue arose, any notice received, the possible case or obligation, and the expiry dates of the passport, visa, stay or residence permit and work authorisation.

Article 28 of the Exit and Entry Administration Law is not one self-contained exit-ban procedure. It connects several different legal situations to a border consequence. Article 65 provides the essential release principle: once the circumstance preventing exit disappears, the authority that made the decision must withdraw it and notify border inspection. Effective advice therefore starts with the source decision, not the airline counter.

2. Distinguish the four statutory gateways

The first gateway covers a foreign national serving an uncompleted sentence or treated as a defendant or suspect in a criminal case. The second covers an unresolved civil case, but requires a people's court decision against exit. A threat to sue, a demand letter or even the existence of proceedings should not be treated as proof that such a decision has been made. The third addresses wage arrears where the legally competent central or provincial authority has made the relevant decision. The fourth requires identification of another law or administrative regulation.

One business event can produce more than one proceeding. A payment dispute may be litigated and separately reported to criminal authorities; a director may also have distinct company, employment or regulatory obligations. Record every case number and authority separately. Resolving one claim does not necessarily clear another restriction.

• Criminal sentence not completed, or status as a criminal defendant or suspect
• Unresolved civil case plus a specific people's court decision
• Unpaid employee remuneration plus a decision by a competent authority
• Another ground expressly created by law or administrative regulation

3. Build the authority-and-case file within 24 hours

Preserve the port, date, flight, document check and any information given at the scene. Counsel should verify the matter with the likely decision-making authority. If no case papers were received, check the company's registered address, the individual's address, electronic service accounts and whether a former employee or agent received documents. Confirm whether the corporate registry still names the individual as legal representative.

The employer should appoint one internal coordinator. Multiple executives contacting the court, police, employees or counterparties can create inconsistent accounts. Medical, family or urgent commercial travel evidence may support context, but it does not replace a solution to the legal obligation or procedural concern that supports the restriction.

• Passport, visa, stay or residence permit and work authorisation
• Port, date, flight, accompanying persons and contemporaneous notes
• Issuing authority, case number, department, contact and legal basis
• Court papers, criminal-process notices, wage records or administrative documents
• Corporate registration, representative authority and PRC contact chain
• Objective evidence of medical, family or business urgency

4. Civil proceedings: a settlement alone may not release the restriction

Review the party's role, jurisdiction, amount claimed, the applicant's stated risk, any security already provided and the relationship between the restriction and preservation measures. An SPC-published Taiwan-related case illustrates a cautious, security-focused approach: the court imposed an exit restriction after considering the apparent obligation, near-term exit risk and applicant security, then lifted it after the debtor and another person provided security sufficient to protect the claim. It is an illustration, not a universal release test.

A proposal may involve payment, property security, a bank or insurance guarantee, third-party security or procedural undertakings. Confirm whether the issuing court accepts the form, amount, term and enforcement conditions. After settlement or performance, obtain the court's formal disposition and verify that the release information has been transmitted. A receipt or signed settlement is not a safe substitute for that completed chain.

5. Criminal proceedings: verify status before contacting witnesses or handling devices

Being questioned, treated as a suspect, charged as a defendant, appearing as a witness and being reviewed in a corporate investigation are different procedural positions. PRC criminal counsel should verify the allegation, stage, authority, existing measures and available applications. The border event alone does not establish the suspected offence, seriousness or likely duration.

An employer may coordinate immigration status, accommodation, medical and family communication, business continuity, document preservation and appropriate consular contact. It should also test conflicts between the company and individual. Do not delete messages, reset devices, coordinate witness accounts, move disputed funds or privately approach witnesses; those steps can damage evidence and create additional exposure.

6. Maintain immigration status and corporate authority during the restriction

An exit restriction does not by itself extend a visa, authorised stay, residence permit or work permit. Before expiry, contact the exit-entry administration at the place of stay or residence about the available extension, replacement or other route, and preserve the application record. Overstay, work outside the permitted scope or incomplete accommodation registration can become separate immigration issues.

If the individual is the legal representative, director, bank signatory or sole technical administrator, review company chops, online banking, payment approval, contract authority, data access and emergency delegation. Business continuity must not become asset dissipation, evasion of a court measure or interference with an investigation. Record genuine business reasons, approvals and access changes.

7. Documents for a release assessment

Organise documents against the legal basis for the decision rather than sending an unindexed data dump. A civil application usually focuses on the claim, responsibility, security and participation plan. A criminal response should be set by defence counsel after procedural status and the case record are verified. Confirm translation, notarisation, apostille or other formalities before submitting foreign documents.

• Restriction, port information and all underlying case papers
• Passport, immigration and work-status documents
• Payment, settlement, security and asset evidence
• Service, representation, attendance and continuing cooperation plan
• Objective medical, care or urgent travel evidence
• Corporate-authority changes and document-preservation record
• Chronology, indexed evidence and the precise relief requested

8. A seven-day action plan

There is no single release timetable for every exit restriction. The controllable steps are to locate the authority, obtain the procedural facts, propose a response that matches the statutory basis, and verify the notification chain before new travel is booked.

• Day 0: stop repeated exit attempts and preserve port and document information
• Within 24 hours: identify the authority, case number, legal basis and responsible department
• Within 24 hours: appoint PRC counsel with the relevant civil or criminal experience
• Within 48 hours: prepare the chronology, corporate authority map, permit deadlines and objective urgency evidence
• Within 72 hours: formulate payment, security, procedural-cooperation or criminal-process applications
• After filing: obtain evidence of receipt, decision and notification to border inspection
• Before rebooking: verify that a release decision has been made and implementation information has been updated