Overstaying Your Visa Can Be Fun

[Badbanker]

Recently I have noticed several threads on overstaying your visa in Thailand and as I have succeeded in getting 3 people released from the IDC (Immigration Detention Center) this year, I want to clear up some of the myths.

Overstay really falls broadly into 2 categories! Those that leave voluntarily and those who are caught, imprisoned and deported.

Those that are not caught and leave voluntarily have to pay 500 baht per day and 99.9% they have no problem with the law. If you have over stayed up to a couple of weeks but not exceeding 40 days (40x500=20,000) just get a confirmed ticket to leave, go to the airport, pay your overstay fine and get on a plane and you will be able to fly out and return subject to the 90 rule on visa exemptions.

If it is a land border, it is normally also not such a major drama and you can leave and return without much drama AT the discretion of the duty immigration officer.

A couple of side issues you should be aware of! If you do have a long overstay, you will need to go to an Immigration office for clearance. If you want to leave the country shortly, before you go to immigration, please ensure that you have in your hand a confirmed paper ticket to leave the country by air, in less than 24 hours from that time, and you have 20,000 baht cash in your hand. If you do not, you will be detained and imprisoned awaiting deportation to your HOME country. It is also best in a long overstay case to take a lawyer with you.

If you are caught by a local police office in any locale with an overstayed visa, you will be deported to Bangkok. On arrival in Bangkok you will be taken to the district court in Bangna and charged with overstay. If you plead guilty you will be fined 3,000 baht minus 100 baht per day of your detention till that date. The court will then also issue a court order, to order your deportation to your country of origin.

If there is a court deportation order you will not have to pay the 20,000 baht fine, but of course you will have to arrange somehow for you to get money for a ticket to leave Thailand and return to your country. The Embassies of most western countries can arrange for you to be assisted to get money for you to be repatriated to you HOME country, but will be hesitant if not refuse to give you money to do a visa run. They will also want you to sign a loan agreement with your government to repay the money and may give you a temporary one page passport only valid to return to your country of origin.

Actually the process of deportation should only be about 3 days but due to the fact the local police do not always want to travel and deliver you to the IDC quickly, most people spend about 7-15 day in detention. Of course if you don't have a passport, things can get a bit complicated and you may find that you are stuck in some police station upcountry awaiting for a clarification from your embassy or immigration Bangkok. Not very pleasant I am afraid!

The IDC is not so bad! It is a lot better that most Thai jails and you can have visitors once everyday who can bring you food and money for your expenses. Cell phones are also sort of allowed and I regularly get phone calls from inside IDC from people I am working with. Food is OK and you will be placed in a cell with people of a similar race/nationality. Africans, Europeans, North Asians, Cambodians, Burmese, Lao and so it goes on. Medical attention is available and a doctor and nurse can help.

Once you have a court order and a tentative agreement on the date of repatriation your representative will be asked to buy a ticket and pay the 800 baht for transportation to the airport. The actual deportation is handled very well. Get some good clothes brought to the IDC the day before from friends and you will be taken out of the IDC 4 hours before your flight. You are not handcuffed and you just walk into the airport as if there is nothing wrong. Of course you are accompanied by a uniformed police officer who will keep your passport and check you in and accompany you through immigration. It is possible for you to meet with your friends and be given baggage and other needs during the check in process.

Once through immigration you will be kept in a room until 15 mins before your flight. You are accompanied to the plane and the Police officer almost always says see you again soon. There is no problem for you to use the same passport and return back to Bangkok with a new visa or Visa exemption if you are due one as the deportation stamps are all in Thai. You are not black banned from re-entering!

For all it problems Thailand is a nice place to stay IF you have a visa! I suppose the lesson to be learned from this all is don't overstay your visa or you will be caught eventually and deported from the country. At the moment there are several people in the IDC that are unhinged and do not know or do not want anyone to know who they are or fear arrest in their home countries who have been there for 3-5 years. But then again maybe you will enjoy the close proximity of pungent male company and forget my advice.

Badbanker

Edited August 19, 2007 by Badbanker

[colino]

bad banker

Thanks for the info

[visarunner]

Thanks for the report which clears up a lot of quuestion or myths about overstay.

I would like to add one comment , based on recent experience , it is even OK to go to Immigration , pay the overstay and if you pay addl THB 1,900.- you get even a further 7 day extension.

Still rule 1 remains in place . DO NOT OVERSTAY

Edited August 19, 2007 by visarunner

[brahmburgers]

from my quick perusal it sounds like it's cheaper to get caught for a long over-stay - than it is to report to imm authorities. 3,000 if caught or up to 10,000 if reporting. Did I miss something?

Obviously it's best to stay legal - which I am. ....though I once got physically accosted by a half dozen CID toughs in plainclothes who were sure I was an overstayer. It took me a couple hours to prove to them I was legal - but in the process they yelled in my face (when I asked to see ID) and tried to drag me in to a back room in a police building (I resisted).

[Badbanker]

Yes it is cheaper to overstay your visa and yes I know someone that has torn up his passport some years ago and will never leave Thailand again.   Yes he is scared about doing normal things and yes he does't drive a car or live a normal life but he seems happy with this sort of life!

3000 for a court appreance always comes with a free hotel room and meals with fun sweaty male friends for 10 days and the requisite trip home.   I don't really understand what you mean by "up to 10,000 if reporting".   The fine is 20,000 baht for overstaying more than 40 days.

It is not fun to be in the IDC and the only long stay residents have really literally lost their minds.

BB

from my quick perusal it sounds like it's cheaper to get caught for a long over-stay - than it is to report to imm authorities. 3,000 if caught or up to 10,000 if reporting. Did I miss something?

Obviously it's best to stay legal - which I am. ....though I once got physically accosted by a half dozen CID toughs in plainclothes who were sure I was an overstayer. It took me a couple hours to prove to them I was legal - but in the process they yelled in my face (when I asked to see ID) and tried to drag me in to a back room in a police building (I resisted).

Edited August 19, 2007 by Badbanker

[Badbanker]

Thanks for the report which clears up a lot of quuestion or myths about overstay.

I would like to add one comment , based on recent experience , it is even OK to go to Immigration , pay the overstay and if you pay addl THB 1,900.- you get even a further 7 day extension.

Still rule 1 remains in place . DO NOT OVERSTAY

The only visa extension you will get is you are due one on the visa/exemption type you entered on.   If you entered on a 30 day exemption you will get a 7 day extension.  So if you overstay past the 7 days you will get the 24 hour thing to get your bu_t out of Dodge.

BB

PS  When you pay your overstay do so humbly as I once saw an older German man get thrown in the IDC for his arrogant attitude.  Remember you have broken the LAW!

Edited August 19, 2007 by Badbanker

[Jersey_UK]

Interesting Post. Cheers.

PS  When you pay your overstay do so humbly as I once saw an older German man get thrown in the IDC for his arrogant attitude.  Remember you have broken the LAW!

Stuff like this always puzzles me - but sadly does not surprise me.

[naka]

Good report Badbanker.

You say.

Those that are not caught and leave voluntarily have to pay 500 baht per day and 99.9% they have no problem with the law. If you have over stayed up to a couple of weeks but not exceeding 40 days (40x500=20,000) just get a confirmed ticket to leave, go to the airport, pay your overstay fine and get on a plane and you will be able to fly out and return subject to the 90 rule on visa exemptions.

Does this mean that someone with an overstay of more than 40 days does not have the option

of just buying a ticket and going to the airport with the 20,000 cash for the fine ?

And if they tried ... what would happen ?

Naka.

[Badbanker]

Good report Badbanker.

You say.

Those that are not caught and leave voluntarily have to pay 500 baht per day and 99.9% they have no problem with the law. If you have over stayed up to a couple of weeks but not exceeding 40 days (40x500=20,000) just get a confirmed ticket to leave, go to the airport, pay your overstay fine and get on a plane and you will be able to fly out and return subject to the 90 rule on visa exemptions.

Does this mean that someone with an overstay of more than 40 days does not have the option

of just buying a ticket and going to the airport with the 20,000 cash for the fine ?

And if they tried ... what would happen ?

Naka.

Any time your overstay fine is close to or over 20,000 baht a different mindset seems to kick in with immigration officers and they can put you in the IDC for a day or so. I have seen some people arrive at the IDC fully clothed ready to fly with a ticket and the 20 k in hand! Immigration decided to detain them a couple of days and check if there where any other outstanding legal charges that they where trying to get out of. I think they almost see the 40 days as a semi criminal action and it is becasue of this it is best to take a lawyer or a very influential person to immigration to ensure you are dealt with in a manner you desire.

You may be lucky, but then again you also may not be! If you like the company of sweaty male compatriots for a few day it can be great and of course a wonderful bonding experience. I personally would prefer female company and the comforts and freedooms of home and the Maybach.

40+ days overstay is a serious matter in their eyes!

Say again "Don't Overstay"!

Badbanker

Edited August 21, 2007 by Badbanker

[Hex]

I heard of a guy that was put into IDC where he was raped and got HIV.

[Jimjim]

I heard of a guy that was put into IDC where he was raped and got HIV.

And I'm sure that's true, since you heard of it somewhere.

[Prakanong]

I currently know of a guy with 4 years overstay and a passport 2 years expired - the police even gave him his passport back a couple of weeks ago when he answered bail (which was continued) for something else.

Amazing but true.

[Badbanker]

I currently know of a guy with 4 years overstay and a passport 2 years expired - the police even gave him his passport back a couple of weeks ago when he answered bail (which was continued) for something else.

Amazing but true.

There are many wild stories about the IDC and yes I have heard about the about the guy, that they gave the passport back to.   Still don't believe it!

Foreigners do die in the IDC!  Some of them throw away their passport cause they going to die anyway of a terminal cancer condition and then they get caught and locked up and just die there after a couple of weeks.  Not a nice place to die!

I suppose rape is possible.  Actually the IDC is a very well institution!  They really want you to get out of there and go home or get yourself sorted out and come back legally.  This is very different to most Thai Jails.  Foreigners are actually treated much better than other Asians!

BB

[Manchester]

I currently know of a guy with 4 years overstay and a passport 2 years expired - the police even gave him his passport back a couple of weeks ago when he answered bail (which was continued) for something else.

Amazing but true.

Truly amazing

[Prakanong]

I currently know of a guy with 4 years overstay and a passport 2 years expired - the police even gave him his passport back a couple of weeks ago when he answered bail (which was continued) for something else.

Amazing but true.

There are many wild stories about the IDC and yes I have heard about the about the guy, that they gave the passport back to. Still don't believe it!

Foreigners do die in the IDC! Some of them throw away their passport cause they going to die anyway of a terminal cancer condition and then they get caught and locked up and just die there after a couple of weeks. Not a nice place to die!

I suppose rape is possible. Actually the IDC is a very well institution! They really want you to get out of there and go home or get yourself sorted out and come back legally. This is very different to most Thai Jails. Foreigners are actually treated much better than other Asians!

BB

He never got to the IDC - do not want to say too much but it was a police station in the Sukhumvit area.

[Prakanong]

I currently know of a guy with 4 years overstay and a passport 2 years expired - the police even gave him his passport back a couple of weeks ago when he answered bail (which was continued) for something else.

Amazing but true.

Truly amazing

The plod certainly knew he was both overstay and passport expired too.

Maybe there are more important thing such as 100K bail money or more from "Tea Money"?

[Badbanker]

Foreigners do die in the IDC! Some of them throw away their passport cause they going to die anyway of a terminal cancer condition and then they get caught and locked up and just die there after a couple of weeks. Not a nice place to die!

If this is true then that in itself is a crime.

Locking away people with terminal last stage cancer in a place like the notorious IDC is nothing short of disgusting.

I tend to agree with Amnesty International in condemning the place. It's a hovel.

Sadly all people that come to Thailand and want to make it their home should GET A VISA!    

If you plan on dying here, get your affairs in order so that people like me that have to clean up the mess after you and have you cremated will have an easier job.  I have buried/burnt a few farangs and it is easy if it is planned!

If it is not it can be hel_l on all concerned.

If you have terminal last stage cancer go to a doctor in Thailand and get him to write a letter in Thai covering your illness and then present it to immigration and request an extension to die.  I have heard of it being done.  

Immigration is not that heartless that they will put you in jail for the last few days of your life!

BB

PS The IDC is not that bad a place!

[kingscliff]

Once arrested and taken to an Immigration Detention Centre, is it possibly to:

1) Pay some sort of bail money to get out of the IDC while awaiting the court case?

2) Bribe your way out of the IDC?

Cheers.

[bhoydy]

Once arrested and taken to an Immigration Detention Centre, is it possibly to:

1) Pay some sort of bail money to get out of the IDC while awaiting the court case?

2) Bribe your way out of the IDC?

Cheers.

I would think that 1 and 2 are quite similar. In IDC, you are not awaiting a court case you are waiting to be deported. So if you are paying any money to get out of there it would be tea money, and i would imagine it would have to be pretty hefty in size. It ain't no amphur nick, its immigration

[kingscliff]

Ok thanks. just to clairify, no such thing as an offical 'bail' when it comes to IDC? So any money changes hands would be 'tea money' to get out of there?

Cheers.

[Maestro]

I believe the procedure is like this:

Once you are arrested the police has a limited time to decide whether to press charges or not.

If the police presses charges, you will be brought before a judge, who will decide whether or not to release you on bail. Generally, the judge will sentence you already at this first court appearance (usually a fine only, up to a maximum of 20,000 Baht) and order your deportation, in which case the bail question is moot.

--

Maestro

P.S. So-called tea-money would be an illegal act and it is against forum rules to discuss illegal activities on ThaiVisa.

[Badbanker]

I believe the procedure is like this:

Once you are arrested the police has a limited time to decide whether to press charges or not.

If the police presses charges, you will be brought before a judge, who will decide whether or not to release you on bail. Generally, the judge will sentence you already at this first court appearance (usually a fine only, up to a maximum of 20,000 Baht) and order your deportation, in which case the bail question is moot.

--

Maestro

Once you are arrested, yes it is possible to pay tea money and get released.  Sadly it is often not possible to get to your people in time and get a good policeman to help.  Once a charge sheet is drawn up you will have difficulty getting your man out.

In practise I have never seen anyone in court for an overstay, be fined over 3,000 baht.  Don't forget 200 baht is deducted for every day you have been detained in police custody, so the fine is always less than 3,000.  The 20,000 fine is normally only levied on people that present themselves to immigration and want to leave on that day.

Yes you may get a lawyer to go to another court before your deportation hearing and rule there are extenuating circumstances and get you released.   This is extremely rare!

As I think I have said before the problem is that once you get into the system of the IDC you WILL have to go through their system and get an expensive plane ticket and be deported to your home country with a couple of exceptions.  

Hope this clarifies things some more

Badbanker

[bdenner]

A couple of side issues you should be aware of! If you do have a long overstay, you will need to go to an Immigration office for clearance.

Firstly thank you for the information.

What do you call a long overstay. I had a friend fly out 2 months ago after 550 days. Just paid the 20K no hassels what so ever and no mention of a clearance.

[Tolley]

Interesting information and very timely for a friend of mine who was arrested yesterday and who has overstayed his visa by 15 months.

The local plod wanted 100k baht for bail but he didn't have the funds and nobody was prepared to front the money for him.

It seems that he will be charged on Monday and fined 3000 baht and then sent to IDC in Bangkok.

Even if he is deported can he still return to Thailand?

This seems strange but the OP maintains that this is the case, can anyone else confirm this?

[mikethevigoman]

I heard of a guy that was put into IDC where he was raped and got HIV.

And I'm sure that's true, since you heard of it somewhere.

Which bar was that in ? the dogs <deleted> ?

[Sir Burr]

Interesting information and very timely for a friend of mine who was arrested yesterday and who has overstayed his visa by 15 months.

The local plod wanted 100k baht for bail but he didn't have the funds and nobody was prepared to front the money for him.

It seems that he will be charged on Monday and fined 3000 baht and then sent to IDC in Bangkok.

Even if he is deported can he still return to Thailand?

This seems strange but the OP maintains that this is the case, can anyone else confirm this?

If it is just an immigration offence, you are not black-listed. You are deported. You can jump on the next plane back to Thailand with no problems.

One point that has not been mentioned.

You will have to fly on an airline from your home country as they cannot refuse to carry you. If you are say British, but, want to fly back to England with say Thai International, the pilot of the plane is asked whether he is willing to transport a criminal. They don't tell him the offence. 9 times out of 10, the pilot will refuse. This is why you usually travel on your home countries airline.

Also, this must be a direct flight (no changing planes).

If you must change planes, then you have to get a piece of paper from that country granting you permission before you are deported.

I was in IDC in 2003. The vast majority of the long stayers were Africans, or, other exotic nationalities. They were unable to leave because their national airline did not fly to Thailand, or, they were being refused the transfer paper from the country that they needed to change planes in.

[mickjn]

Lot of good info there

[taxexile]

i visited a friend in the idc once on christmas day , he told me that he had arranged with a guard there to be taken to a bar / house of ill repute for some entertainment and female company, he treated the guard to some fun too.

this was a while ago , procedures may have changed now.

have no reason to disbelieve him , he was a long term old thai hand and had "gone native" many years before.

passed him his christmas lunch through the bars of the holding cell and gave him a paper party hat !!

he was in for no passport , 3 years overstay , working illegally. was in for a couple of months before it was all sorted out . he was fined and deported , all done in a friendly manner , he came back to thailand again and as far as i know he is still here.

[mellow1]

Does the Thai government, likewise give loans to its people, who overstay in foreign countries, so that they may purchase plane tickets and pay for transportation costs,and fines, in order to be repatriated to the LOS?

[Fred Sanford]

I currently know of a guy with 4 years overstay and a passport 2 years expired - the police even gave him his passport back a couple of weeks ago when he answered bail (which was continued) for something else.

Amazing but true.

This sort of thing happens more than you'd believe. I too know a guy on a 3 year overstay who was picked up by Lumpini Police for "unlawful entry to the country" and was jailed for 13 days. Some months before the arrest, he had his passport stolen as he was sleeping on the street (he's a homeless brit). He went to court with his police report for the stolen passport and was cleared of charges and released. He's still sleeping on the street (saw him last night) and still has no passport (cant afford one if he wanted one). The place where he sleeps has a few tables of cops who hang there nightly so clearly they dont care. I guess this means that just because non immi police pick you up, this doesnt mean you are automatically sent to the IDC. This brit got no where near the IDC or immi police.

On a side note, I have always been told by long overstayers that they take 20K and go to airport and depart when it comes time to leave the country. Going to immi with the 20K never crosses their minds and they never had any probs. A guy who's so lazy as not to get a visa normally wont be bothered to go out of his way and go to immi

Edited October 14, 2007 by Fred Sanford