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Cissi

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    Still time to clear your overstay without blacklisting

    in Thai Visas, Residency, and Work Permits

    Posted

    Cissi,

    The English translation is just wrong. Who made it?

    The Thai text doesn't talk about 90 days in the first paragraph (the paragraph you put in yellow), but the English translation does, leading to a lot of confusion.

    The Thai text clearly says that if you get apprehended with up to 1 year overstay you're blacklisted for 5 years.

    That means that even 1 day overstay can lead to 5 years blacklisting (if apprehended).

    Your interpretation is wrong.

    I can read Thai pretty well and I am sure about what the Thai text says.

    (However, it's possible that the Thai text is not the final version, let's hope so)

    Kriswillems,

    ​I do not read thai so my interpretation was based on the english text in the immigration notice (the document in which I marked the part about 90 days overstay).

    I don't think my interpretation of the english text is wrong. From what I understand the text in thai is different and I understand that it causes even more confusion.

    However, the document that both George and I posted (on which I pointed out some parts with red and yellow) was a notification from The Immigration Bureau. It has their logo/badge on it and I've seen the document on several websites... It is set as a "pop up announcement" on the website of Royal Thai Immigration Police (http://bangkok.immigration.go.th/popup_anounce.html) and since it is a document published on internet by immigration authorities I take it as "valid"... Meaning that I don't think that the text written in english is put there without having any substance. I don't think the Immigration Bureau would write about the "overstaying more than 90 days", if that wasn't in their intentions...

    Also, having read a lot about the upcoming changes and some about the reasons to why they want to make new regulations I feel pretty sure that they are not aiming to ban those who have a few days overstay... Anyone is free to do their own interpretations though. wink.png

    I don't think that either the thai or english version is final yet... Some weeks ago there was a document with an earlier version of the suggested new rules circulating on internet that had a life-ban for overstaying more than 10 years if you surrendered yourself, but not if you were apprehended (!) and the penalties written in thai and english on each point... You can see part of it in a previous post hear on thaivisa, unfortunatly not the text above the penalties: (http://www.thaivisa.com/forum/topic/740634-thai-immigration-bureau-to-blacklist-all-overstayers-of-more-than-90-days/), but reading headline and the post itself, it seems likely that that there was text about overstaying more than 90 days.

    I'm sure there will be corrections in the text once it's been reviewed for approval by the ministry.

    We will just have to wait and see what's finally written in the new regulations once they are official. smile.png

    Still time to clear your overstay without blacklisting

    in Thai Visas, Residency, and Work Permits

    Posted · Edited by Cissi

    On some posts I read comments saying "it's quite clear" and "clarification seems absolutely unnecessary" etc etc, but in many posts it is obvious that a lot of people are confused... The Immigration Bureau's notice about the new regulations for overstaying (that are yet to be approved by the Ministry of Interior) is written in a way that can cause misunderstandings. ESPECIALLY by those who focus on the penalties alone, without reading the initial text that tells to whom these new regulations apply and also due to posts and quotes that refer to just the penalties.

    If you read everything written by george who started this thread, including EVERY WORD in the notice from the Immigration Bureau I'm pretty sure that most people will find to whom the new regulations apply, but to point it out... Under "Warning!", on line 3 to 5 in the initial text of the notice it says "...aliens who violates The Immigration Act B.E.2522 by overstaying more than 90 days in the Kingdom of Thailand will be forbidden from re-entering the Kingdom for a certain period of time as follow;..." (after that they list the penalties for these people... that is - aliens who violated the particular Immigration Act by overstaying more than 90 days).

    I've read several statements/comments by Immigration staff on this topic too and here's one example (quote from Phuket Gazette):     Lt Col Banphot Kittivira, Deputy Superintendent of the Immigration checkpoint at Sadao, on the Malaysian border, confirmed that his office received a copy of the new form. “Although the form currently states that any foreigners caught overstaying by less than a year will be banned from re-entering the Kingdom for five years, please note that this will only apply to foreigners who overstay by more than 90 days,” he said.

    “Any foreigners who overstay less than 90 days will be subjected to the normal 500-baht a day fine.”

    Hopefully they will write the new regulations without any room for misunderstandings, once they are officially approved.

    (In case that alien is being apprehended - overstay more than 90 days, but less than 1 year, forbidden re-entering 5 years, would make less room for misunderstandings, even to those who focus on the penalties alone and skip reading the header...)

    post-215928-0-72648700-1406218817_thumb.

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