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Overstay query


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Hi @ubonjoe: I am directing this query to you, as I find you the most trustworthy.

 

I am just wondering in the case of an overstay, in what case would Immigration refuse to simply accept the 20K baht fine and let you fly out at the international airport in BKK? I ask because an embassy officer just informed me that in "rare cases," they will refuse the fine, choose to arrest you instead, thereby leading to the court case/detainment/deportation process. But he could not give me an example of one of those cases!

 

I understand that many queries have been made on this matter, and I have looked throughout the forums, but I could not find a personal anecdote of this particular situation, which is one that would actually be helpful to me.

 

Thanks in advance!

Edited by tookwan cottage
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They would not deny you leaving the country in any case if you have the 20k baht to pay the fine unless you had an arrest warrant for something you had done here. 

People have left with years of of overstay without a problem.

But now with more than 90 days you would be banned form entering the country for a year or if more than a year it would be 5 years.

 

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Believe this has only happened in the past when police needed time to determine if there were other pending changes and there were computer or other issues that did not allow them to check quickly.  But as said court/leaving in most cases would be less than the 20k so end result might be a slight delay but leaving in any case. 

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1 hour ago, tookwan cottage said:

... in what case would Immigration refuse to simply accept the 20K baht fine and let you fly out at the international airport in BKK?

Be polite and apologetic for your mistake.  It is "officer's discretion" - but provided you are contrite and not argumentative, you should not have a problem.

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23 hours ago, JackThompson said:

Be polite and apologetic for your mistake.  It is "officer's discretion" - but provided you are contrite and not argumentative, you should not have a problem.

Simple, but oh so important advice.

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3 hours ago, VBF said:

Which also applies when dealing with any Immigration officials - airport or local offices. They do have a lot of power over your future, especially if you've broken the rules, even if inadvertently.

Always amazing that people need to be told how to behave as rational adults, but then this is Thai Visa so the caveat is probably warranted.

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What do you all think happened with that African family that was all set to fly out but was not allowed? Is it absolutely required to fly back to the country your passport is issued? The family was set to move on to Europe if I remember correctly, so that may have been the issue. It sounds like they had enough money to handle all the flights and the fines. But them not being allowed to leave seems to go against the generally known policy of letting people leave when they come to pay (assuming destination isn't a factor since after you leave it's not their problem any longer, especially when you're banned from coming back anyway.). 

 

 

 

Edited by wat
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2 hours ago, wat said:

What do you all think happened with that African family that was all set to fly out but was not allowed? Is it absolutely required to fly back to the country your passport is issued? The family was set to move on to Europe if I remember correctly, so that may have been the issue. It sounds like they had enough money to handle all the flights and the fines. But them not being allowed to leave seems to go against the generally known policy of letting people leave when they come to pay (assuming destination isn't a factor since after you leave it's not their problem any longer, especially when you're banned from coming back anyway.). 

I am not sure we know the full facts around that incident. That said, some nationalities (especially from poor African countries) tend to attract racism that does not apply to Westerners. If an African family traveling to Europe lacks significant financial resources and/or a good explanation of their plans on arrival in Europe, I could well imagine them being treated harshly. The world is often unfair.

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4 hours ago, wat said:

What do you all think happened with that African family that was all set to fly out but was not allowed? Is it absolutely required to fly back to the country your passport is issued? The family was set to move on to Europe if I remember correctly, so that may have been the issue. It sounds like they had enough money to handle all the flights and the fines. But them not being allowed to leave seems to go against the generally known policy of letting people leave when they come to pay (assuming destination isn't a factor since after you leave it's not their problem any longer, especially when you're banned from coming back anyway.). 

 

 

 

that family actually flew to Europe and were refused entry. When refused entry to a country, usually passengers are sent back to the last place they came from, in this case Thailand. Once arrived back here they were again refused entry, and were stranded at the airport as they didn't want to go back to their home country starting they would be in danger there. They applied for refuge status from the UN

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On 1/4/2018 at 12:25 PM, tookwan cottage said:

I ask because an embassy officer just informed me that in "rare cases," they will refuse the fine, choose to arrest you instead, thereby leading to the court case/detainment/deportation process.

 

Therein lies the problem, you asked an "embassy officer", (who works for MFA), about an immigration matter, maybe you should have asked an immigration officer ?

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2 minutes ago, pearciderman said:

 

Therein lies the problem, you asked an "embassy officer", (who works for MFA), about an immigration matter, maybe you should have asked an immigration officer ?

Actually OP reference appears to be an in Thailand Embassy official (meaning not Thai) in my reading.

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On 1/4/2018 at 12:35 PM, ubonjoe said:

They would not deny you leaving the country in any case if you have the 20k baht to pay the fine unless you had an arrest warrant for something you had done here. 

People have left with years of of overstay without a problem.

But now with more than 90 days you would be banned form entering the country for a year or if more than a year it would be 5 years.

 

 

Apologies for the seemingly nonsensical followup query, @ubonjoe, but I am trying to get all the information I need without any gaps whatsoever. Immigration at the international airport for a matter such as this operates on Sundays, right?

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11 minutes ago, tookwan cottage said:

Immigration at the international airport for a matter such as this operates on Sundays, right?

Departure immigration at a international airport is always  open if there are flights departing the country.

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