Thai Immigration Introduces Jail Time For Overstayers

[beechguy]

I wonder are there that many people overstaying their visa? If so is there enough place in the thai jail system?

And a good question i read above... what about the foreigners who are injured in a hospital or ill and due to that overstaying their visa?

So far as the medical situation, it's already been discussed. There are provisions for extensions under those circumstances.

[retiredusn]

this topic is going nowhere and should be stopped

[robert00]

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!

Just pray you never fall into this category, I feel sorry for you to be so anti Foreigner. Use your head, some people just having bad luck.

[tim73]

No mention of Law.

No mention of "something bad" preventing travel.

No mention of "demand for immediate service".

Well, the Law once said you had to notify authorities of Jews hiding... Laws are written by humans and sometimes those laws are bad. This particular law is nothing but another method of extracting more money out of farangs. Farangs are not exactly competing with Thais to get jobs or get allowance money out of Thai government. No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care.

Thailand would benefit greatly by allowing foreign ownership at least smaller companies and making immigration laws much more clear. Visa runs are totally useless, another method of extracting money out of farangs, in a way another broken window fallacy. For example in Mexico, if you can show 1000 dollars per month income coming abroad, you can stay. Easy and simple. No hassle with this mammoth bureaucracy for the benefit of that same bureaucracy.

[schmutzie]

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.

What makes you think that this is not already the case?

[schmutzie]

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!

Just pray you never fall into this category, I feel sorry for you to be so anti Foreigner. Use your head, some people just having bad luck.

I'm pretty sure the poster was being sarcastic, hence the emoticon at the end of the post...

[elliss]

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.

maybe the upright n proper U.K.

can learn a few lessons , from this third world country .

jail/ fines , for overstays ,and taken out of their benefits .

what a frrkng mess . :jap:

[beechguy]

No mention of Law.

No mention of "something bad" preventing travel.

No mention of "demand for immediate service".

Well, the Law once said you had to notify authorities of Jews hiding... Laws are written by humans and sometimes those laws are bad. This particular law is nothing but another method of extracting more money out of farangs. Farangs are not exactly competing with Thais to get jobs or get allowance money out of Thai government. No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care.

Thailand would benefit greatly by allowing foreign ownership at least smaller companies and making immigration laws much more clear. Visa runs are totally useless, another method of extracting money out of farangs, in a way another broken window fallacy. For example in Mexico, if you can show 1000 dollars per month income coming abroad, you can stay. Easy and simple. No hassle with this mammoth bureaucracy for the benefit of that same bureaucracy.

If you show 40,000 baht and married to a Thai you can get a one year extension, if you are of retirement age, you can show an income of 65,000 Baht.

Close enough to what you suggest, don't you agree?

[schmutzie]

I will fail to mention the latent racism that I detect in many a fellow expat that I encounter out and about, but simply advice you to check the immigration laws of your own countries and I think you find that they are considerably harsher than anything you might encounter in Thailand. I think we're applying double standards.

Sure, the "up to the officer" is a completely vague but you can flip it and say, that at least Thai bureaucracy allows for some flexibility. In good and bad ways.

How many times have you found yourself in your home country shaking your head in disbelief, because some regulation says "no"...And just that. No arguing, no buts.

Anyway, it's obvious how to not make this affect your life in any way possible. Simply abide by the rules. It is not your privilege to have the rules re-invented at your convenience. You are not special.

For those who are suggesting amnesty, I would object that the people who have been overstaying have known all along what practice that they were engaging in and that the rules could change at any time. They should either have planned for this or admit that they were playing a loosing game.

[schmutzie]

No mention of Law.

No mention of "something bad" preventing travel.

No mention of "demand for immediate service".

Well, the Law once said you had to notify authorities of Jews hiding... Laws are written by humans and sometimes those laws are bad. This particular law is nothing but another method of extracting more money out of farangs. Farangs are not exactly competing with Thais to get jobs or get allowance money out of Thai government. No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care.

Thailand would benefit greatly by allowing foreign ownership at least smaller companies and making immigration laws much more clear. Visa runs are totally useless, another method of extracting money out of farangs, in a way another broken window fallacy. For example in Mexico, if you can show 1000 dollars per month income coming abroad, you can stay. Easy and simple. No hassle with this mammoth bureaucracy for the benefit of that same bureaucracy.

That's an absurd argument, if even a little distasteful...

Edited September 24, 2010 by schmutzie

[lounger]

this topic is going nowhere and should be stopped

It must be terrible being locked into watching something you dont like!

Meanwhile back to the plot:

My immig dept is well staffed and got no customers. The threat of custody may bring out a few paying customers. Good. Why should I and the compliant pay for a dept when the cost can be shared.

The law is the law......pay up.

NB I hear when in jug you have to pay extra for decent food etc, so the two days wont be a free experience but an expense........

[mrtoad]

yeh right!! there are loads of those where i live!! you really are a self righteous piece of work! i have lived here 3 years and never had a problem before as had one year visas from uk. tourist visa means i need to go to laos, cambodia etc and that takes 3 days at least!

Most ironic thing of all this is the fact many richer guys just pay 50000-70000 Bahts to certain agencies for "full service". Then they get their passports stamped in nearby countries and get one year visas without themselves even leaving Thailand. But poorer guys should go to jail, according to the law book moralists here...hypocrites.

And they are breaking the law also and immigration will take this much, much more serious when they find out. It won't be a simple case of paying a fine then.

Agreed, and I think you'll find that it isn't "richer guys" using these dodgy agencies - normally people who don't meet criteria for Work Visa's or O- Visas. It is also quite clear that if you get caught on one of these you are in a heap load of <deleted>. I have seen a couple of these "bogus visas" which even have spelling mistakes. Seriously, Thailand is not that difficult to get a visa really - if you are a)retired have a dependent c) working. There is also the availability of Tourist Visa's from Laos as well.

I still don't understand why people are complaining about a countries right to enforce penalties on people for breaking immigration laws. The same people complaining here, would probably be advocating a tough stance in their own countries.

[lockman]

If only we could do this here in the states...

And charge them as in Thailand OR take off the country's "foreign aid", etc.

I have actually overstayed a day before, completely by accident as arrival was stamped incorrectly. Immigration looked at arrival flight, as I was polite and explained the error but did not say your personnel dated this wrong, stamped us right through, no fine at all.

My findings are follow the rules..no problems

[Renbe]

there are other issues but these are private and i do not wish to disclose/discuss on a public forum. i agree with the above statement but my situation is different.

If there are "other issues", why are you misleading the forum by lying that it is only because of the lack of a sitter for your child and your dog that you

are breaking the law by overstaying your visa? It is people like you who are the cause of the tightening of the treatment of overstayers...

[Rumblecat]

No mention of Law.

No mention of "something bad" preventing travel.

No mention of "demand for immediate service".

Well, the Law once said you had to notify authorities of Jews hiding... Laws are written by humans and sometimes those laws are bad. This particular law is nothing but another method of extracting more money out of farangs. Farangs are not exactly competing with Thais to get jobs or get allowance money out of Thai government. No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care.

Thailand would benefit greatly by allowing foreign ownership at least smaller companies and making immigration laws much more clear. Visa runs are totally useless, another method of extracting money out of farangs, in a way another broken window fallacy. For example in Mexico, if you can show 1000 dollars per month income coming abroad, you can stay. Easy and simple. No hassle with this mammoth bureaucracy for the benefit of that same bureaucracy.

That's an absurd argument, if even a little distasteful...

Yeah.. Sadly, he's just fulfilling Goodwin's Law-

Godwin's Law is a humorous observation made by Mike Godwin 1989... It states: "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches." In other words, Godwin put forth the sarcastic observation that, given enough time, all discussions—regardless of topic or scope—inevitably end up being about Hitler and the Nazis.

[Pib]

I think neighboring countries will have another way for you to get visa on demand w/o a Thai exit stamp and just leave from there...Sure glad I don't have to go through immigration when I exit the U.S.

how do u leave thailand without passing immigration??

Maybe he is able to teleport himself.

He could just cross the border at some quiet/remote location in the jungle/along a river; but then he'll have the problem of getting out of the other country since he has no entry stamp.. The immigration folks in the other country catch him and just may take him back to Thailand (after the other country imposes their fine/detention time) since Thailand is the last entry stamp (with no exit stamp) in his passport. Back to square one, but in the hands of Thai immigration who he was trying to avoid. Ain't a pretty situation in trying to sneak out of town sometimes, especially when bad luck and Murphy's Law spoil the plan.

[MaiDong]

Godwin's Law is a humorous observation made by Mike Godwin 1989... It states: "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches." In other words, Godwin put forth the sarcastic observation that, given enough time, all discussions—regardless of topic or scope—inevitably end up being about Hitler and the Nazis.

That's an excellent observation, and quite comical too.

Why does it always seem to go that way??

Anyhow, I'm up for an amnesty on overstayers, there is no argument for imprisoning people who are trying to leave the country!

Some overstayers have very good reasons, usually financial, for not being able to leave at the right time.

I have been there before - waiting for money to arrive in the country, nobody to help in the meantime, unexpected hospital bills, property damage - you name it, I had it, I was unfortunate in every circumstance of my life. I also have a wife and a young child, should I have been locked up?...

[Amras]

No mention of Law.

No mention of "something bad" preventing travel.

No mention of "demand for immediate service".

Well, the Law once said you had to notify authorities of Jews hiding... Laws are written by humans and sometimes those laws are bad. This particular law is nothing but another method of extracting more money out of farangs. Farangs are not exactly competing with Thais to get jobs or get allowance money out of Thai government. No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care.

Thailand would benefit greatly by allowing foreign ownership at least smaller companies and making immigration laws much more clear. Visa runs are totally useless, another method of extracting money out of farangs, in a way another broken window fallacy. For example in Mexico, if you can show 1000 dollars per month income coming abroad, you can stay. Easy and simple. No hassle with this mammoth bureaucracy for the benefit of that same bureaucracy.

". No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care."

This is false. If you are a tourist, you don't get any (free) access/benefits from being in a country (in Australia) and I'm sure the US is the same, since public access to health is such a big discussion even now (for those that live there).

Again regardless of the tourist visa status, you wouldn't be entitled to any benefits either and not for a min of 2 years after you get permanent residency. So your arguement is rubbish.

You can still own a proportion of any business in thailand, the reason it is difficult to own the majority share is simple, they don't want to be controlled by overseas influence...

How can that be a bad thing for THAILAND? They want to control their own country and are keeping their own interests controlled.

[gemini81]

No mention of Law.

No mention of "something bad" preventing travel.

No mention of "demand for immediate service".

Well, the Law once said you had to notify authorities of Jews hiding... Laws are written by humans and sometimes those laws are bad. This particular law is nothing but another method of extracting more money out of farangs. Farangs are not exactly competing with Thais to get jobs or get allowance money out of Thai government. No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care.

Thailand would benefit greatly by allowing foreign ownership at least smaller companies and making immigration laws much more clear. Visa runs are totally useless, another method of extracting money out of farangs, in a way another broken window fallacy. For example in Mexico, if you can show 1000 dollars per month income coming abroad, you can stay. Easy and simple. No hassle with this mammoth bureaucracy for the benefit of that same bureaucracy.

thats another reason why tourism is down (I know from what I see...not the stats posted..empty hotels..far less foreigners) there are greener places people are heading too. no wonder. the fact its so nationalistic definetely discourages a lot of people. I just try to hang in there!

too bad for those who are jailed with unusual circumstances, or other cases not involving deliberate overstay.

[zthyadat]

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.

Go visit Mae Sot sometime and you'll notice that the local Gestapo already do this every day, rounding up Burmese illegals by the busload - then sticking them in the slammer for a few days (with water but not food), before dumping them back on the Burmese side. Has it changed anything? Absolutely not. It is a pointless exercise. But the Mae Sot police appear to enjoy the feeling of power that comes with it.

Edited September 24, 2010 by zthyadat

[mojo80]

Personally i think this is a load of old crock, simple to boost site views with tv's new alliance.

The rules have been in place for years, and i have heard that people have been stamped out in the past day or two with 2years plus overstay with no problem.

[zthyadat]

No mention of Law.

No mention of "something bad" preventing travel.

No mention of "demand for immediate service".

Well, the Law once said you had to notify authorities of Jews hiding... Laws are written by humans and sometimes those laws are bad. This particular law is nothing but another method of extracting more money out of farangs. Farangs are not exactly competing with Thais to get jobs or get allowance money out of Thai government. No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care.

Thailand would benefit greatly by allowing foreign ownership at least smaller companies and making immigration laws much more clear. Visa runs are totally useless, another method of extracting money out of farangs, in a way another broken window fallacy. For example in Mexico, if you can show 1000 dollars per month income coming abroad, you can stay. Easy and simple. No hassle with this mammoth bureaucracy for the benefit of that same bureaucracy.

". No, you are on your own here, unlike in the West where you will get government money in many cases as foreigner or at least health care."

This is false. If you are a tourist, you don't get any (free) access/benefits from being in a country (in Australia) and I'm sure the US is the same, since public access to health is such a big discussion even now (for those that live there).

Again regardless of the tourist visa status, you wouldn't be entitled to any benefits either and not for a min of 2 years after you get permanent residency. So your arguement is rubbish.

You can still own a proportion of any business in thailand, the reason it is difficult to own the majority share is simple, they don't want to be controlled by overseas influence...

How can that be a bad thing for THAILAND? They want to control their own country and are keeping their own interests controlled.

In reality, companies both big and small have been using proxies to get around this ownership law, so effectively these companies have been foreign controlled for decades - and lo and behold, the country hasn't ended up as a colony - or at least not one the colonisers are able to control.

[asiawatcher]

I have a particular friend who attended immigration date of renewal and they told him to go up country to the local office and then by default he was on overstay - seeking redress and advice from the Thai lawyer - it was never mine - just stay! He has a wife and child to support and is now past the grey area. And if he does not have the folding to buy his way out - what are his options? Ok - apart from jail time when the initial problem was caused by immigration in the first place. Seems to me it is a double edged sword.

[MAJIC]

Here we go again,yet more greed,

20,000 baht is not enough to be milked,from Foreigners?

No doubt there will be more stories of outrageous extra charges to keep out of Jail.

We hope you enjoyed your stay in Thailand,and spent all your money,

now get your Credit Cards out!

Edited September 24, 2010 by MAJIC

[schmutzie]

Personally i think this is a load of old crock, simple to boost site views with tv's new alliance.

The rules have been in place for years, and i have heard that people have been stamped out in the past day or two with 2years plus overstay with no problem.

But isn't that the whole point. In the past yes, but not anymore.

Like others stated, there are perfectly legal ways to remain here without overstaying. I take it that those who neglect this are doing so for financial gain, ie. they do not want to spend the money to go abroad and obtain a new and valid visa. They're pissing on those of us who do.

Edited September 24, 2010 by schmutzie

[mojo80]

Personally i think this is a load of old crock, simple to boost site views with tv's new alliance.

The rules have been in place for years, and i have heard that people have been stamped out in the past day or two with 2years plus overstay with no problem.

But isn't that the whole point. In the past yes, but not anymore.

Like others stated, there are perfectly legal ways to remain here without overstaying. I take it that those who neglect this are doing so for financial gain, ie. they do not want to spend the money to go abroad and obtain a new and valid visa. They're pissing on those of us who do.

yes i understand the point, but the op states "allegedly" id like to see some hard prove before i believe this! Right now its unsubstantiated offal.

Im not commenting on the right and wrong off overstayers.

[kevozman1]

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.

I agree.

The part in this article where somebody overstays 3 - 6 weeks is called a grey area and

up to the immigration officials on the day. This is dangerous in Thailand, this is a country

where laws are abused regularly by the ones who should enforce and most certainly these

slack rules for immigration will lead to corruption from officials.

[techno]

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

I agree that anyone who overstays should be punished in some way as indirectly it affects the rest of us who renew our extension of visa on time. Immigration should be able to check those individuals who overstay that is if they have the technology to do so but l doubt it.

[MAJIC]

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.

maybe the upright n proper U.K.

can learn a few lessons , from this third world country .

jail/ fines , for overstays ,and taken out of their benefits .

what a frrkng mess . :jap:

Or teach them a lesson or two:

Thais with long Visas to the UK,such as Settlement,Fiance etc,do not have to Report to Immigration for the Duration of their Visas.

[tom21]

By the number of posts this subject has hit a nerve