Thai Immigration Introduces Jail Time For Overstayers

[george]

THAI IMMIGRATION INTRODUCES JAIL TIME FOR OVERSTAYERS

VISA OVERSTAY: The Untold Story

Jail time for foreigners

Immigration Detention Center, Suan Phlu, Bangkok

-- File photo

BANGKOK (thaivisa.com): -- Allegedly tired of overstaying foreigners arriving at Suvarnabhumi airport with a valid air ticket and the maximum fine of 20,000 baht in their hands, the Immigration Department is now arresting and jailing people before permitting them to leave Thailand.

Anybody who has overstayed a valid visa in Thailand beyond a period of six weeks (42 days) is no longer permitted to simply turn up with the cash and an air ticket and leave the country after filling in a few forms and handing over the wedge.

For many years now it has been possible for people on long overstay to simply gather together the maximum fine under law of 20,000 baht, purchase an air ticket, travel to Suvarnabhumi and leave Thailand after completing a few formalities. With a change in the command at the top of the Immigration Department ladder this has now altered and anyone whose overstay is 42 days or longer is likely to be arrested.

People on overstay of less than three weeks (21 days) are still able to arrive at the airport with the correct amount of folding stuff, pay the fine due and leave Thailand.

The grey area is for those whose overstay falls in the period between three and six weeks; that is, between 22 and 41 days. They can potentially have a problem. It is being suggested anyone whose overstay falls into this time frame should be aware that it will be up to the Immigration officer and his superiors at an airport or land border crossing to decide whether to detain the recalcitrant foreigner or permit him, or her, to leave unhindered, after payment of the overstay fine has been levied.

As with many legal situations in Thailand involving foreigners and money, the rules tend to bend with the circumstances, and the mood of the relevant official or officials.

Nonetheless, it is being stated quite unequivocally that anyone on overstay exceeding 42 days (six weeks) will be arrested. They will then spend at the very least one or two days behind bars while waiting for the necessary paperwork to be processed. Most will eventually spend some time inspecting the stripy sunlight at the Immigration Detention Centre (IDC) in Bangkok.

CLEAR UP OVERSTAY IN BANGKOK

Thaivisa.com has been told it is better to clear up long overstay issues in Bangkok rather than in Phuket, Pattaya or elsewhere.

SEEK LEGAL ADVICE AND ASSISTANCE FROM YOUR EMBASSY

While embassy officers cannot circumvent or interfere in the process of Thai law they can advise overstayers on the best course of action and provide assistance for their nationals while in custody.

For full story see Edition 1 of Pattaya One out 1 October

-- 2010-09-24

_________________________________________________________________________

SUMMARY OF CURRENT OVERSTAY REGULATIONS IN THAILAND:

Under the Immigration Act 2522 overstay is punishable by a jail term of 2 years and/or a fine of maximum 20,000 baht.

"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."

Immigration Act download: http://www.thaivisa.com/forum/post-a84562-Immigration-Act-EN.pdf.html

* Overstay 1 - 21 days: Pay a fine 500 Baht/day at Airport/land border

* Overstay 22 - 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting

* Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting

________________________________________________________________________

The Golden Rule: Never go overstay in Thailand, not even a single day!

[samran]

A welcome move. Let us just hope they stick with it.

now....lets wait for the "if it wasn't for me, Thailand would fall in a heap" replies.

[Artisi]

I think that 42 days is over the top before they stick you in the slammer, it should be more like 10 days without a very good reason.

[wehugheog]

Oh well, never overstayed more than 2 days.

Maybe another cash cow for who get caught and don't want to do time? I don't know, I try to obey the rules as much as I can.

[keithcresswell]

Call me a cynic but it sounds like a nice little earner for someone.

[surayu]

Oh finally a good news! i was so concerned about going out at night time (but even during the day for that matter), knowing that i might eventually came across one of the very feared "overstayers" , i can cope with almost any sort of issues or dangers, but having to deal with a man/woman which is not a "quality tourist" is already bad enough, leave alone someone which break this vital law! is just too much, nevermind the killers, scammers, abusers,cheaters,thiefs around us, the constant chronic break of safety standards and human rights, etc.., go and get the overstayers that's the real crime in this country, the main priority for the resolution of all major problems affecting the country for sure, thank you amazing Thailand!

[Thenacity]

It's long past due that the authorities started putting more teeth into enforcement of immigration law. Hopefully they'll also find the manpower to start doing some extensive sweeps and passport checks and round them up by the bus load.

[tom21]

no this is going to scare a lot of people. they vshould at least give a bit of grace like not start for a month so overstayers can leave

[kurtgruen]

A welcome move. Let us just hope they stick with it.

now....lets wait for the "if it wasn't for me, Thailand would fall in a heap" replies.

A welcome move, indeed.

[Thenacity]

Oh finally a good news! i was so concerned about going out at night time (but even during the day for that matter), knowing that i might eventually came across one of the very feared "overstayers" , i can cope with almost any sort of issues or dangers, but having to deal with a man/woman which is not a "quality tourist" is already bad enough, leave alone someone which break this vital law! is just too much, nevermind the killers, scammers, abusers,cheaters,thiefs around us, the constant chronic break of safety standards and human rights, etc.., go and get the overstayers that's the real crime in this country, the main priority for the resolution of all major problems affecting the country for sure, thank you amazing Thailand!

What prime idiocy. The Immigration Police have their own very narrow mandate and a separate budget from the other branches of law enforcement in Thailand, it's not a zero sum game by any means. It's a shame so many people lack the intellectual rigor that would keep them from conflating such a hodgepodge of unrelated issues.

[Suradit]

A welcome move. Let us just hope they stick with it.

now....lets wait for the "if it wasn't for me, Thailand would fall in a heap" replies.

Don't forget the ever popular "another nail in the coffin" or the "they don't really want us here" replies followed by tales of how wonderful it is in the Philippines or Cambodia.

On the bright side, maybe TV could open a new community forum: Incarcerated in Thailand.

[rick75]

If they want to clear out the rubbish, introduce a 1 month amnesty after that anyone who overstays should be fair game.

[hayden5650]

What crap.

It will be interesting to see what happens to the next few long overstay farangs who attempt to exit the Kingdom.

[Tokay]

The question then becomes, how many weeks will they keep this up?

There is a better chance of them being pulled to the side to pay yet another fine, than actually going to jail.

[surayu]

I think that 42 days is over the top before they stick you in the slammer, it should be more like 10 days without a very good reason.

10 days? no way! that's not going to be fair, the death penalty is what is really needed, even for a 5 minutes delay, but i am confident they will introduce this soon as we are already moving in a coherent and right way, also a work permit for any action a foreigner got to take while here is another move for improvements, you lift an arm? that's work! you breathe? that's working! you are walking without a thai person making your legs move for you? you ale a climinal! you want to stay here? than get your paperworks (and money) sorted, there is a plane leaving every hour otherways

[garyh]

If they want to clear out the rubbish, introduce a 1 month amnesty after that anyone who overstays should be fair game.

Good idea.

[Haydn]

Some people working in bars have been on overstay for years and the local police turn a blind eye -- Money talks

[bdenner]

Just wait and see if it's enforced! I know a number of guys overstayed years now, surely common sense should prevail and an amnesty period introduced. But then again!

[Loaded]

There are people who overstay unintentionally. If they are sick or misunderstand the requirements of their visa for example. However, I can understand why Immigration has tightened the laws.

[meelousee]

Ah I see now they put "Teeth" in to the old saying "Money Talks"

[tartempion]

I think that 42 days is over the top before they stick you in the slammer, it should be more like 10 days without a very good reason.

And in Europe Sarkozy gets slaughtered because he ordered the illegal Romas to be expelled

And Belgium is paying a fortune to lodge/feed the 20.000 asylum seekers until their case is decided.

Wished I could try to ask asylum in Thailand

[meaowma]

Why give an amnesty - if you overstay then you have broken the law. You do not do it accidentally you set out to do it so take the punishment. I am all for the law being applied fairly and firmly. A period in the slammer would at least go some way to making sure these people do not do it again but I think it should be a day for day punishment overstay 50 days then 50 days inside. Blacklisting is pointless as it only ensures that the passport does not return to the kingdom it does nothing to stop the person getting a new passport and re-entering under a new name etc etc.

As soon as Thailand does something positriver everyone thinks they do it for money - well I can asure you that most countries have strict immigration laws and they apply them - Thailand tolerates foreigners and we should never forget we are mere visitors in the kingdom and should act accordingly.

Put them in the slammer day for day.

[surayu]

If they want to clear out the rubbish, introduce a 1 month amnesty after that anyone who overstays should be fair game.

yes i am with you on this one, just tell them to show up and then when you have them all there "ah ahhh we got you now! the amnesty was a joke from the big chief and he won the bet too, do you think is easy to find manpower to refurbish the Hilton these days? out there they are not tolerating official slavery anymore, so we got to get around it somehow"

[rafval]

as it stood, if you got caught or handed yourself in in Pattaya the judge will give you 10 days in jail or a 2000b fine, or 200b a day, after that you can go as soon as you have organised a ticket, and you dont have to pay the 20,000b fine, so its not a bad deal if you can handle the yaba smoke in the cells. its rumoured to be more expensive in Bangkok. But in either case its always been that if you do the jail or pay the court fine you dont have to pay the overstay and I imagine thats still how it is

[BuPattaya]

Thai Immigration officers are loving this! This will allow them to extort money from foreigners upon their departure. Lets see, it should go something like this. "Sir, you overstay your Visa. Come with me." After they take you in the office. The negotiations start. "Since you are here over 21 days past your Visa. We must arrest you and take you to jail." Of course, the affected person will want to avoid this at any cost, so then, when the affected party asks what they can do to avoid going to jail? The answer will always be the same. How much you can give the Immigration officer that nabbed you. $$$ and Thai corruption go hand in hand... Just open the door for them to do as they please.

It should not be up to the officer that catches the overstayer. It should be cut and dry for each offense. They should have exactly the same penalty for each offender depending on the length of their overstay, rather then leaving it up to the officer that detains the person. This is just an open door for CORRUPTION from Thailands Finest.

[ignis]

Not so sure about "another nail in the coffin"

Lots of us are legal and always have been and will be, but there are some that simple go home every 5 or 6 years pay the max overstay, return on a tourist or non '0' and stay another 5+ years... a 20,000 baht overstay fine is a lot cheaper then having 400/800k in a Thai Bank for extensions, or for some that have to go to places like 'Hull' or there home Country for a yearly '0' + 4x boarder runs..

One person that only leaves Thailand very 5 years displays a 2543 Road Tax Disc, I questioned it last year he said no problem 100 baht sorts that out if stopped !! no idea but expect there is no Insurance paid.

[joe84330]

Oh finally a good news! i was so concerned about going out at night time (but even during the day for that matter), knowing that i might eventually came across one of the very feared "overstayers" , i can cope with almost any sort of issues or dangers, but having to deal with a man/woman which is not a "quality tourist" is already bad enough, leave alone someone which break this vital law! is just too much, nevermind the killers, scammers, abusers,cheaters,thiefs around us, the constant chronic break of safety standards and human rights, etc.., go and get the overstayers that's the real crime in this country, the main priority for the resolution of all major problems affecting the country for sure, thank you amazing Thailand!

What prime idiocy. The Immigration Police have their own very narrow mandate and a separate budget from the other branches of law enforcement in Thailand, it's not a zero sum game by any means. It's a shame so many people lack the intellectual rigor that would keep them from conflating such a hodgepodge of unrelated issues.

it's a shame that after undertaking such extensive studies to learn and apply that intellectual rigor, you've had to bypass the ability to enjoy a proper facetious reply.

[Beardog]

sounds like they need to refine the law. People in the hospital should be exempt. I made a mistake on the 4th year here. I didn't go back to the U.S. & they lost my paperwork & gave me a 90 day overstay on my next reporting. It is Ok for a 60 year old lady to get caught stealing 4 times & on the fifth time she gets sent to the monks to be regrooved but for a farang it is pokey time. They are clearly regressing in terms of attracting Expats. Moving closer to communism on this one. Now if they can figure out how to get the real offenders different story- but I don't see much in the line of logic to a one size fits all in this goose seppin law. Looks like tea for Two or as many can get their pas into foreigners pockets.Besides I don't see the logic in why they would care as long as your spending cash to live here.If anything they need to loosten up the collar if they want to attract long termers.

[nasa]

Good move but hopefully will not create or encourage more corruption!!!!

[beano2274]

Those on overstay will just stay here and not go near a border, some of them are working here so why risk being arrested at a border, why not try and get as much money as possible.

Computerising the borders and all Immigration departments and then linking them to Central Immigration, would help as then they would have names and address, and know exactly when the visitor will have to do a border run, if no border run is done or no departure card/extension entered into the system, then the name is flagged and immigration start searching for the Overstayer.