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Overstay Rules


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The Immigration Act (see pinned topic “Thai Immigration Laws, Regulations, Police Orders” at the top of this forum) says”

Section 81 : Any alien who stay in the Kingdom without permission or with permission expired or revoked shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both.

The current implementation of 500 Baht per day, maximum 20,000 Baht, does not seem to be a published rule, just an internal implementation order within the Immigration Bureau for fines on the spot. If ever a case should go to court the judge would have the authority to rule differently, but always bound by the limits of the maximum penalty stipulated by the law. Therefore, no overstayer needs to fear more than 2 years in jail and 20,000 Baht as a maximum, plus probably the court fees. And legal fees, of course, if he chooses to be represented by a lawyer.

This is the worst-case scenario and should always be the basis of any cost/benefit analysis.

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Maestro

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Just a cautionary note for the OP. As it would seem you're not familiar with making regular border trips, there are almost always military checkpoints where Thai soldiers will board buses and want to see identification. North,South,East,West it's all immaterial. I believe they are primarily checking for illegal immigrants but you're in a delicate situation where it's safer to depart from the airport. Your call.

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There is also the possibility that even if you get to the border the other country will not allow your entry with that fresh overstay stamp in your passport and if that happens you have no alternative but return to Thailand as illegal entry and incarceration pending deportation. Don't overstay if it can be avoided - if it happens use the airport to depart.

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There is also the possibility that even if you get to the border the other country will not allow your entry with that fresh overstay stamp in your passport and if that happens you have no alternative but return to Thailand as illegal entry and incarceration pending deportation. Don't overstay if it can be avoided - if it happens use the airport to depart.

Very good advice Lop. The officers from the Nong Khai overstay office told me that they are now required to call the police if someone has an overstay fine of above the maximum 20,000 baht outstanding ie 40 days. If you have a big overstay do not go to a land border, head for Bangkok and fly out of the country.

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