Do longterm overstayers need to fly to their homecountry when leaving Thailand? or can they fly to another country in Europe?

[bluebird729]

If a Swedish person has overstayed for 2 years and pays the 20,000 THB at Suvarnabhumi, will they allow her to fly to the UK?

Or will they only allow her to fly if it is back to her home-country, Sweden?

The ticket will be purchased online, but have no idea if there are any official or casual rules about where she has to fly to.

* I know that some countries prefer the person to fly back to their home country, but is this really the case when dealing with the immigration staff at Suvarnabhumi?

Kind regards

[DrJack54]

She can fly anywhere.

2 years overstay. Advise her to take direct route to airport. 

Can someone advise on length of ban on 2 yr overstay upon exit? Is it 3 year ban? 

Edited December 16, 2021 by DrJack54

[Ohyesuare]

32 minutes ago, DrJack54 said:

She can fly anywhere.

2 years overstay. Advise her to take direct route to airport. 

Can someone advise on length of ban on 2 yr overstay upon exit? Is it 3 year ban? 

3 year ban unless she gets caught by one of those pesky smart cars on the way somehow and then it's 10 years and they would also probably deport her back to her home country.

[david143]

[ubonjoe]

57 minutes ago, DrJack54 said:

Can someone advise on length of ban on 2 yr overstay upon exit? Is it 3 year ban? 

It is 3 years. This from the rules for overstay (bad image of it)

[natway09]

Only if she does not get caught in the meantime.

I think fine has gone to 25,000 Bht

[ubonjoe]

6 minutes ago, natway09 said:

I think fine has gone to 25,000 Bht

It is still a maximum fine of 20,000 baht as written in the immigration act.

[Tropposurfer]

2 years overstay?! What possesses an adult to do that? How can anyone live a reasonably, at a modicum, healthy life knowing they are an illegal alien for 2 years.

Edited December 16, 2021 by Tropposurfer

[DrJack54]

35 minutes ago, Tropposurfer said:

2 years overstay?! What possesses an adult to do that?

Indeed.....

Think a Google of "IDC images" would be a recommended  wake up call for anyone considering overstay. 

 

[chuang]

Why people overstayed for a long period of time is it because of the peanut penalty of max 20000 bahts...

[fangless]

1 hour ago, chuang said:

Why people overstayed for a long period of time is it because of the peanut penalty of max 20000 bahts...

It is only peanuts to those that avoid capture and get to the airport and pay it otherwise it is time spent in the IDC which appears to be in the Top Ten of the worlds worst holiday camps!

[ubonjoe]

1 hour ago, chuang said:

Why people overstayed for a long period of time is it because of the peanut penalty of max 20000 bahts...

That was before they changed the overstay rules in March 2016. Now a overstay of more than 90 days it is a one year ban from entering the country.

The 20k baht max fine is in the the very old immigration act of 1979.

[Mike Teavee]

21 hours ago, DrJack54 said:

She can fly anywhere.

2 years overstay. Advise her to take direct route to airport. 

Can someone advise on length of ban on 2 yr overstay upon exit? Is it 3 year ban? 

[Logically] she should only be allowed to fly to a country where she cannot be denied entry (e.g. her home country) as if she was refused entry to (say UK) she would be returned to Thailand who could also refuse her entry & she would be stuck in limbo.

 

[Practically] a Swede should have no problems entering the UK so should be ok.

  

[DrJack54]

37 minutes ago, fangless said:

It is only peanuts to those that avoid capture and get to the airport and pay it otherwise it is time spent in the IDC which appears to be in the Top Ten of the worlds worst holiday camps!

We have had a couple of threads where first hand experiences have outlined the conditions.

I have some pics however think it's against forum rules to post them.

 

There is current thread where OP mentions one option of going on planned overstay and just paying fine at airport ..... unbelievable.

 

Edit: just now looked at thread of a couple planning trip to Thailand (tourists). This is one comment from the OP...

. "So overstay or extension of permit would be the best options ... though my knowledge is limited."

 

The notion of a planned overstay equates to folk not being aware of possible consequences.

Edited December 17, 2021 by DrJack54

[clivebaxter]

 

2 hours ago, chuang said:

Why people overstayed for a long period of time is it because of the peanut penalty of max 20000 bahts...

Unless an overstay has a very good reason like illness the fine should be more like 200k baht and a mandatory 10 year ban, at present too many just take the risk as it's worth it. 

[JustAnotherHun]

5 minutes ago, clivebaxter said:

 

Unless an overstay has a very good reason like illness the fine should be more like 200k baht and a mandatory 10 year ban, at present too many just take the risk as it's worth it. 

The risk surely is not worth it. The 20k fee and blacklistiung after a long overstay is your best option, only IF you reach the airport. Otherwise you'll go to IDC and that nobody can want.

[DrJack54]

11 minutes ago, clivebaxter said:

 

Unless an overstay has a very good reason like illness the fine should be more like 200k baht and a mandatory 10 year ban, at present too many just take the risk as it's worth it. 

True. It's more commonly a practice for shortish overstay which again is foolish. 

On Nov 2, I was at CW for annual extension. Got talking to guy (clearly not very experienced) he was already on 3 day overstay and was flying out in another 6 days. He was asking about covid extension. 

BTW he was in wrong place. Should have been at MTT. 

Seemed very happy to just pay fine at airport. His "mates" had told him no issue.

I had nothing to do in particular so ran him to MTT where he was to pay the 3 day overstay and obtain the extension. 

 

Edited December 17, 2021 by DrJack54

[ubonjoe]

41 minutes ago, DrJack54 said:

I had nothing to do in particular so ran him to MTT where he was to pay the 3 day overstay and obtain the extension. 

If on a short overstay or to avoid one and a person that does not qualify for a extension they can apply for one pay the 1900 baht fee and be granted 7 days to leave the country after it is denied.

[bluebird729]

On 12/16/2021 at 3:27 AM, DrJack54 said:

She can fly anywhere.

2 years overstay. Advise her to take direct route to airport. 

Can someone advise on length of ban on 2 yr overstay upon exit? Is it 3 year ban? 

Thank you for the information.

How sure are you that she can fly "anywhere" ?

 

 

[bluebird729]

On 12/16/2021 at 4:26 AM, ubonjoe said:

It is 3 years. This from the rules for overstay (bad image of it)

Thank you ubonjoe. 

Do you know if its true that she can fly 'anywhere'?

ie:  can a Swedish (2 years overstay) fly to London?

(it wouldnt be a direct flight because with Emirates, needs to change in Dubai).

She would be presenting herself to immigration at Suvarnabhumi with the 20,000 at the ready.

  - She did say that she 'may' be with an emergency passport.

 

The Swedish Embassy may have their own stipulations, but I am trying to find out what Suvarnabhumi immigration woould allow.

 

Thanks,

 

[BritTim]

1 hour ago, bluebird729 said:

Thank you for the information.

How sure are you that she can fly "anywhere" ?

As a general rule, when you leave voluntarily, you can fly anywhere that you would normally be granted entry. That certainly (in the case of a Swede) includes the UK. However, a few countries, noticing the overstay stamp and blacklisting from Thailand, will deny entry as a consequence.

 

Note that the situation is very different if you are arrested, and ultimately deported. In that case, any airline taking you must be informed that you are being deported. Most airlines can (and usually do) refuse to carry you whether your destination country would accept you or not. Usually, you must travel to your home country on the national airline. Special arrangements need to be made through diplomatic channels when your country's national airline does not provide flights from Thailand.

[ubonjoe]

6 hours ago, bluebird729 said:

The Swedish Embassy may have their own stipulations, but I am trying to find out what Suvarnabhumi immigration woould allow.

Immigration does not care where you are traveling to after paying the fine.

It is only the airline that can make a problem when checking in or boarding the flight.

I don't think she will have problem entering the UK.

6 hours ago, bluebird729 said:

She did say that she 'may' be with an emergency passport.

That could be a problem if is is a emergency travel document. They often only allow one trip to a person's home country.

[bluebird729]

56 minutes ago, ubonjoe said:

7 hours ago, bluebird729 said:

She did say that she 'may' be with an emergency passport.

That could be a problem if is is a emergency travel document. They often only allow one trip to a person's home country.

Did you mean that the Airline or Embassy or Airport Immigration may only allow one trip to the person's home country?

Is this something that the Airport Immigration would care about?

I wonder if Emirates would care?

[BritTim]

11 minutes ago, bluebird729 said:

Did you mean that the Airline or Embassy or Airport Immigration may only allow one trip to the person's home country?

Is this something that the Airport Immigration would care about?

I wonder if Emirates would care?

If you look at a regular passport, it will typically state that it is valid for travel to all countries. An emergency travel document typically is designed for a single trip, and only allows entry to specific countries. You agree with your embassy where you will go with the emergency travel document. Embassies vary in their policies over what kinds of trips they are willing to support. Many embassies will only issue you an emergency travel document to return to your home country.

 

You should also be aware that some countries will only allow entry with a standard passport, and will not issue you with a visa in an emergency travel document.

 

Airport immigration does not care in the slightest where you are going on an emergency travel document. Your embassy will have established in advance where you are going. An airline mostly will not care unless they have reasons to believe that you would be denied entry at your destination.

[bluebird729]

29 minutes ago, BritTim said:

If you look at a regular passport, it will typically state that it is valid for travel to all countries. An emergency travel document typically is designed for a single trip, and only allows entry to specific countries. You agree with your embassy where you will go with the emergency travel document. Embassies vary in their policies over what kinds of trips they are willing to support. Many embassies will only issue you an emergency travel document to return to your home country.

 

You should also be aware that some countries will only allow entry with a standard passport, and will not issue you with a visa in an emergency travel document.

 

Airport immigration does not care in the slightest where you are going on an emergency travel document. Your embassy will have established in advance where you are going. An airline mostly will not care unless they have reasons to believe that you would be denied entry at your destination.

Thank you ????

[ubonjoe]

7 hours ago, bluebird729 said:

Did you mean that the Airline or Embassy or Airport Immigration may only allow one trip to the person's home country?

A emergency travel document issued by a embassy only allows entry into your home country. Is only a document not a book like passport is.

A emergency passport is a different thing and dependent upon the country issuing it can have some restrictions.

[Eff1n2ret]

9 hours ago, bluebird729 said:

Do you know if its true that she can fly 'anywhere'?

ie:  can a Swedish (2 years overstay) fly to London?

Nationals of EU countries no longer have automatic right of entry to the UK, so on arrival there she would be asked by an Immigration Officer how long she intends to stay and the reason for her visit. Any half-competent IO would notice the stamps in her passport and once it is clear that she has overstayed by two years in Thailand she will almost certainly be refused entry to the UK. She would be liable to removal back to Thailand, or to any other country that would accept her, in practice that would be Sweden. In either case she should be prepared to pay for her ticket. (The inbound carrier would be legally obliged to accept the removal directions, but would give her a lot of grief unless she paid up).

I'm old enough to remember serving on the desk at Heathrow before Sweden joined the EU, and clearing the many SAS flights, most of the passengers were businessmen smelling heavily of alcohol.

[Caldera]

3 hours ago, Eff1n2ret said:

Any half-competent IO would notice the stamps in her passport and once it is clear that she has overstayed by two years in Thailand she will almost certainly be refused entry to the UK.

I find that unlikely. A standard overstay stamp is in Thai language only and stamped in blue ink, it's very different from red stamps screaming DEPORTED in English and in capital letters that are being used elsewhere.

 

Considering that EU nationals can still enter the UK with their national ID cards, it's also questionable how much if any attention a busy IO in the UK would pay to the stamps in the passport of a Swede. The Swede in question might even have a valid ID card and could show that instead of her passport.

[ryanqqq]

28 minutes ago, Caldera said:

 

. . . 

Considering that EU nationals can still enter the UK with their national ID cards, it's also questionable how much if any attention a busy IO in the UK would pay to the stamps in the passport of a Swede. The Swede in question might even have a valid ID card and could show that instead of her passport.

The UK no longer accepts national IDs from Schengen Area nationals since October 1, 2021. A passport is now required.

Edited December 19, 2021 by ryanqqq

[BritTim]

5 hours ago, ubonjoe said:

A emergency travel document issued by a embassy only allows entry into your home country. Is only a document not a book like passport is.

A emergency passport is a different thing and dependent upon the country issuing it can have some restrictions.

It does appear to be true that certain countries distinguish between an Emergency Travel Document and an Emergency Passport. However, I am more used to them being regarded as synonymous. For instance, the UK has this under Applying for an Emergency Travel Document (https://www.gov.uk/emergency-travel-document)

Quote

How it works

You can apply for an emergency travel document (sometimes called an ‘emergency passport’) if you’re abroad, need to travel and cannot get a passport in time.

I guess the most important advice is to check what is available, and under what conditions, from your country's embassy in the country where you are currently stuck. If not returning directly to your home country, it would be prudent just to double check the rules on use of emergency passports  for entry at your proposed destination (though, usually, your embassy should be aware of any restrictions).