Long Term Overstay

[thaiphoon]

I can't understand why the Thai visa system is so complicated and spiteful. Thailand has grown from an agrarian Third World country to what it is today facilitated by tourist's money rather like Spain. It's almost anti tourist. It's not as if the country has been plagued by international criminals to the same extent as the UK. It all seems a bit paranoid as if they are trying to discourage visitors who have been the lifeblood of the country. People who enjoy Thailand for holidays or working or volunteering probably don't mind paying for an expensive visa but object to the quagmire of vindictive regulations.

It is neither complicated nor spiteful for genuine tourists or those who are working legally.

Nor are the rules specifically aimed at Europeans, Asians, Americans. More aimed at the 10's of thousands of illegals from Cambodia, Burma etc.

I would agree. But some of the changes introduced in the past to tackle the problems have also made life more difficult for foreigners genuinely working and paying their taxes.

[Nerone]

If a person should overstay long enough to attract the maximum fine which I believe is 20,000 Bhat, what are the immediate consequences and further what are the consequences in relation to later entry visas to Thailand?

Thanks,

Bob

Best way to behave in my opinion, if the police ask you the passport:

Keep a copy of it with you (only the first page, not the visas)

If police or immigration ask you the passport say that is in your embassy because you finished the pages on it and you are waiting for a new one.

Light a candle to budda, God or Allah as well....

[winsorooi]

My advice is do not break the Thai law. U are here to enjoy your holiday, why you have to make yourself unnecessary trouble if you are bad luck to get caugh by the police? Please pay 1900Bht, it is cheap if you are from Developed nation.

Since you have been dealing with this problem for years, maybe you can answer the question.

Must the air ticket be to your country of origin?

Technically you are required to be deported to you country of origin but for most people from first world countries, Hong Kong has a no right of refusal policy and you can with some wrangling be deported there to return to Bangkok the day later. In fact the Immigration Police often say the to western deportees see you tomorrow!

Of course the destination of all deportees must be approved by the Superintentant of the IPD a couple of days in advance. Normally from the time that you surrender till the time that you leave it will take 3-5 days of sweaty male company. But then of course you can have visitors everyday and the 800 baht taxi ride in the back of a pickup is also nice. Normally no hand cuffs unless you are agro and they give you your passport as you get on the plane!

Best deal! Don't overstay it can make life very difficult.

BB

[mallet36]

Bob I went to Nong khai in May with a 20,000 baht overstay paid it at the border went to the embassy in laos and got a non-b visa and i have just got a work permit and an extention on my visa until May 2010. so no worries just dont get caught before you get to a border or airport

[lopburi3]

And pray the other country lets you enter - because if they do not you are detained as illegal on return to Thailand until deportation. Do not cross land borders with overstay if you want to play it safe (if you do be extremely polite). Below is home page red ink notice on Aranyaprathet Immigration web site:

Overstayers can pay overstay fine at Aran immigration checkpoint.

- Note: If you have paid the overstay fine and are stamped out of Thailand, the Cambodian Immigration could reject entry and send you back to Thailand without stamping you in and out of Cambodia. In this case the Thai Immigration will have to send you to Immigration Bureau in Bangkok for investigation/interrogation/deportation.

- Cambodian Immigration could reject entry for different reasons. This is nothing to do with Thai Immigration.

*** Please note that if you are on the way to the border, police or immigration officers can check your passport, and if you are found to have overstayed your visa they will arrest you and send you to the nearest police station, and then to court.

[ubonjoe]

You forgot the link Lop. http://aran.immigration.go.th/

Also some visa run companies will not let you on the bus if you have an overstay.

Edited August 24, 2009 by ubonjoe

[turkeyshot]

Much of the information posted in this thread has been useful; thanks to all.

Do I understand right that an overstay of at least 40 days equates the maximum 20,000 THB fine? Some of the posters here have commented on having overstayed by 120 days and still being allowed back in the country, however, what would happen if an individual overstays for a considerably longer period? I know a person who has 'overstayed' for several years.

Given the severity of this particular case, would this individual still only face the same 20,000 THB fine and still be permitted to return to Thailand, or would they be blastlisted? Similar to what has been said by a number of the previous posters, this friend of mine is under the impression that as he has not broken any laws in Thailand (aside from the overstay), he will be able to return without any problem or penalty. However, I am not so convinced. I am more inclined to think that Immigration will not show him the slightest bit of leniency, considering that he has flouted the system for as long as he has.

Does anyone have any thoughts, advice or comments on this?

[Lite Beer]

As long as he makes it to the Airport he will be ok. Pay the fine and he will be able to return.

[Mario2008]

The maximum fine is the maximum fine. We have heard of people being on several years of overstay being able to return. He might be interviewed and a check if he has commited any crimes while staying in Thailand.

[ethckyplyr]

It is not only the 20,000baht fine you pay if you get caught, you pay a fixed charge per days stay at IDC, also you are required to pay the taxi fare to the airport. Then the added price of a plane ticket, this I have heard must be to your country of origin, not just anywhere.

It is good to get some REAL facts from tod-daniels!   

The maximum fine you must past if you go to immigration and as they say "surrender" and ask to be stamped with permission to leave is 20,000 baht.  If you have the money and a ticket out of the country you can leave the same day.  They will also want to see a copy of an airticket and you should leave by air.  Leaving by land can be and is a problem.  Most countries with the exception of Malaysia will refuse you entry!

I have seen people given up to 7 days to get their affairs in order and then I have seen people get until midnight of the same day to get out.  It depends on the Immigration Office!

No one gets a do not return or black list unless you have been convicted of a crime under Thai law.  However every time Immigration will check on a Police computer to see if there is an arrest warrant out for the overstayer and act accordingly. 

If you do not have the 20 k and ticket when you surrender to immigration then you will be detained and taken to court where you will normally be fined less than 20k.  Usually this means 3,000 baht and this is deducted by 200 baht per day for each day that you have been detained.

Yes the taxi fare to the airport is 800 baht per person!

I do this for a living and want people to know the truth not what someone has conjured up while sitting at a bar looking at some Katoey!

BB

So if I do not have the money to pay the 20,000 baht couldn't I just book my flight and plan on being detained a few days beforehand and end up paying the 3000 baht fine?

[rlp1938]

Even though it seemed obvious to many posters that I am overstayed that is not true.

But thanks to those who answered my original question.

Bob

[beano2274]

So if I do not have the money to pay the 20,000 baht couldn't I just book my flight and plan on being detained a few days beforehand and end up paying the 3000 baht fine?

If you do not have the money to pay the fine, how will you afford a plane ticket. Also if detained you go to the IDC, check out the internet about the facility, am sure you won't like it!!!!!!!!

[Badbanker]

ethckyplyr

So if I do not have the money to pay the 20,000 baht couldn't I just book my flight and plan on being detained a few days beforehand and end up paying the 3000 baht fine?

beano2274

If you do not have the money to pay the fine, how will you afford a plane ticket. Also if detained you go to the IDC, check out the internet about the facility, am sure you won't like it!!!!!!!!

I have helped people come into the IDC and surrender themselves go to court and then IDC prison and get a smaller fine.  Planned right, it technically can save you money.  Remember! The Judge can give you a 20k fine and I think a one year jail sentence if he wants to.  Not planned right, or due to a whim of an immigration policeman, you could do a month!   There is always the possibility that you will be deported to your country of origin!  One of the things people often don't want!

If you don't mind hopefully spending the couple of days it normally takes to get yourself interrogated and approved for deportation in Jail, then it is no problem.  Sweaty male company that you get to keep and the concrete floor you have to sleep on can be fun.

I think an overstay stamp in your passport is a lot better than a deportation stamp but then it is up to you!

As has been said before some embassies will not give you a visa if you have a large overstay or have been deported!  Some will!  I personally reccommend that after a long overstay or deportation you change your passport at your earliest opportunity.

The big issue is that you have broken the law and the police of any nature in Thailand take a dim view of this and can be difficult to deal with.  Things are getting tighter and more difficult every day.

What happens if you turn up at swampy and they refuse you entry?  Not fun!

BB

[stef24]

i got deported a few years back for something "worse" than overstay (still a passport issue). after court and 7 days in IDC i HAD to go to my country of origin (a south african guy there spend 3 months in IDC cause all the direct flights home (1/week) were full till then)

nothing else was accepted even not with help from my embassy. in IDC you pay for food so safe to say the ticket home comes out of your pocket that and about a zillion shakedowns along the way ... i do have a nasty stamp in my passport and i think it just says that i was deported and went to court.

safe to say that thanks to my dual citizenship i now travel to thailand on a different passport and have never been refused entry, even after them staring at their screens for what felt like a very ... long ... time. i have the passport if anyone wants to see the stamp.

Edited August 26, 2009 by stef24

[webfact]

So if I do not have the money to pay the 20,000 baht couldn't I just book my flight and plan on being detained a few days beforehand and end up paying the 3000 baht fine?

If you do not have the money to pay the fine, how will you afford a plane ticket. Also if detained you go to the IDC, check out the internet about the facility, am sure you won't like it!!!!!!!!

in some case it is handled this way. After doing a certain amount of time in IDC (one of the worst places to stay...) and still not able to raise the money for your plane ticket, Immigration

will contact your embassy to "take you back" There are some agreements with certain countries. Clearly spoken: depending on your nationality your embassy will take care of your return to your country...

First they contact your relatives and try to raise the money. If that fails your government will pay your ticket, send you back to your home country and keep your passport until you have cleared the "loan".

Some European countries handle it this way.

Edited August 27, 2009 by webfact

[topben]

If a person should overstay long enough to attract the maximum fine which I believe is 20,000 Bhat, what are the immediate consequences and further what are the consequences in relation to later entry visas to Thailand?

Thanks,

Bob

either you love thailand too much, or you have have a better reason to stay? tell us more. want to learn from your experience....

[dharmakaya]

In talking to the officers at Soi Suan Plu, they seem to be more concerned with you getting the fine paid for, getting the emergency 7 day extension (for 1900baht) and getting out of the country to secure a valid visa.

Sort of off topic to this thread but is one entitled to 7 day emergency visa only on overstay/illness or is it just another loophole created for the immigration to earn some baht?

Iv got a fully paid confirmed return ticket and a VOA (arrival) for 15 days stamped already. Anyway I can work around this? If not I will just fly out on the 14th/15th day like my stamp says (17th September)

[ubonjoe]

In most cases they will issue a 7 day extension if you have a ticket out within those seven days. I have seen a report where it was done for a VOA entry.

[dharmakaya]

In most cases they will issue a 7 day extension if you have a ticket out within those seven days. I have seen a report where it was done for a VOA entry.

Appreciate the quick response Joe.

Any clues as to where can I look to apply/solicit the 7 day extension?

[ubonjoe]

You can apply at any immigration office.

You will need copies of your passport photo page, visa, entry/permit to stay page and your TM6 departure card.

A completed TM7 form with one 4 X 6 cm photo attached and 1900 baht.

Edited September 3, 2009 by ubonjoe

[cyb]

You can apply at any immigration office.

You will need copies of your passport photo page, visa, entry/permit to stay page and your TM6 departure card.

A completed TM7 form with one 4 X 6 cm photo attached and 1900 baht.

What amazes me is why anyone should overstay!!?

There are so many avenues available to avoid this.

The only valid excuse i can see is if you have an accident.

Edited September 3, 2009 by cyb

[ubonjoe]

You can apply at any immigration office.

You will need copies of your passport photo page, visa, entry/permit to stay page and your TM6 departure card.

A completed TM7 form with one 4 X 6 cm photo attached and 1900 baht.

What amazes me is why anyone should overstay!!?

There are so many avenues available to avoid this.

The only valid excuse i can see is if you have an accident.

Getting a 7 day extension which is what I was giving information about is one way to avoid an overstay in case something happened that delayed your departure.

There are extensions available for being sick, having your passport stolen or lost and even you luggage stolen.

Lots of ways to avoid an overstay.

Edited September 3, 2009 by ubonjoe

[cyb]

You can apply at any immigration office.

You will need copies of your passport photo page, visa, entry/permit to stay page and your TM6 departure card.

A completed TM7 form with one 4 X 6 cm photo attached and 1900 baht.

What amazes me is why anyone should overstay!!?

There are so many avenues available to avoid this.

The only valid excuse i can see is if you have an accident.

Getting a 7 day extension which is what I was giving information about is one way to avoid an overstay in case something happened that delayed your departure.

There are extensions available for being sick, having your passport stolen or lost and even you luggage stolen.

Lots of ways to avoid an overstay.

A question.

This would never apply to me as i do not need visa for thailand, Just curious.

Some person due to renew visa on one day but has accident the previous day, And is unable to get an extention on the day it is due what happens then? and the solution.

Sure this has happened to many a visitor here. (motobike accident and such)

Would they be exempt from overstay charge due to accident?

Edited September 3, 2009 by cyb

[Mario2008]

If you get sick you can get an extension based on that, many bigger private hospitals have liason with immigration for that purpose. But normaly one has to apply in person for an extension of stay, and the answer is always with your individual immigration office. Some are fined an overstay.

[cyb]

If you get sick you can get an extension based on that, many bigger private hospitals have liason with immigration for that purpose. But normaly one has to apply in person for an extension of stay, and the answer is always with your individual immigration office. Some are fined an overstay.

Thank you for that mario.

Not something i have ever done or will have to do. All knowledge is valuble in my books.

[dharmakaya]

You can apply at any immigration office.

You will need copies of your passport photo page, visa, entry/permit to stay page and your TM6 departure card.

A completed TM7 form with one 4 X 6 cm photo attached and 1900 baht.

Cheers mate, owe you a beer... or milkshake (or your choise of poison)

[Paolo22]

Is it possible to settle the overstay at Suan Plu? What kind of ticket do you have to leave, could you get a return so that you can get visa on arrival at a different country?

Any help much appreciated.

[ubonjoe]

Is it possible to settle the overstay at Suan Plu? What kind of ticket do you have to leave, could you get a return so that you can get visa on arrival at a different country?

Any help much appreciated.

If you are already have more than 40 days overstay it is better to just go to the airport pay the fine and leave.

If you just have a few days overstay you can go to immigration pay the overstay and get a 7 day extension. As long as you have a ticket out I don't think it would matter if it had a return.

[Paolo22]

I currently have an overstay of over 5 years and have no valid visa (any visas) in my passport. What would be the best course of action do you think if I want to leave?

[thaiphoon]

I currently have an overstay of over 5 years and have no valid visa (any visas) in my passport. What would be the best course of action do you think if I want to leave?

I assume you came into the country on visa exemption. Presumably you have a permission to stay stamp (although expired) from when you first entered the country?