Thai Immigration Introduces Jail Time For Overstayers

[mca]

Moreover,Thailand is a major tourists country which benefits the Thai economy, and this should be born in mind when dealing with some visa over-stayers, prison terms for this would take tourists aback, and would have a negative impact on Thailand.

How so? There's only the threat of a prison sentence between 3 and 6 weeks overstay and possible real jail time over 6 weeks. If you're here on holiday for a week, fortnight, month, 3 months, whatever you've still got a grace period of 3 weeks if you overstay where you'll only pay a fine. The majority of holidaymakers are on the flight home they booked anyhow aren't they? It's not as if my mum and dad on one of their visits as tourist are going to think " fuc_k it we'll stay another 6 weeks without doing anything about it "

You missed the point, it is not about tourists being afraid that it might happen to them in case of 'overstay' since no doubt 95% (incl: your mum and dad) would not get involved in overstay, it is about Thailand's general legal image, since such harsh penalties (imprisonment) for a visa overstay is not reflective, nor indicative of a democratic country, certain countries have such laws but they are not democratic countries, nor are they tourists countries, therefore Thailand who is in a different category should avoid the implementation of such a law.

Thailand has draconian laws for quite a number of things. Here's a list of some crimes that carry the death penalty. Quite an interesting read with a few eye openers. I don't think any of these penalties would cause a person to think " I'm not going there for me hols. They could execute someone for taking a bribe. That's a bit strong "

http://www.fidh.org/IMG/pdf/Thailand411-2.pdf

Do you think the average tourist could care less about the fact that overstayers are put in prison or Thailand's legal image? It's a case of out of sight out of mind. They're quite willing to come to a country and enjoy themselves where a few wrong words about certain subjects could see you locked up for the next decade should the mood take the authorities.

Edited September 24, 2010 by mca

[Mario2008]

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

Is this really true? Can someone confirm, thanx

Believe it is true. But also look at the case of the notorious Brit arested in connection with the protests in Bangkok.

As it is now, it might not any more be matter of simply returning to Thailand after being on a long overstay. Immigration might now deny you entry.

[Mario2008]

Thailand has draconian laws for quite a number of things. Here's a list of some crimes that carry the death penalty. Quite an interesting read with a few eye openers. I don't think any of these penalties would cause a person to think " I'm not going there for me hols. They could execute someone for taking a bribe. That's a bit strong "

http://www.fidh.org/...ailand411-2.pdf

Do you think the average tourist could care less about the fact that overstayers are put in prison or Thailand's legal image? It's a case of out of sight out of mind. They're quite willing to come to a country and enjoy themselves where a few wrong words about certain subjects could see you locked up for the next decade should the mood take the authorities.

Indeed tourist will not be more affected by it than they were already under the old rules. A few days overtay is still no big deal.

Only people who clearly disregard the rules and violate them deliberatly have to worry.

[ukinbkk]

I know someone who has overstayed for about 6 months now, there is no insentive for him to leave thailand (until today that is). He can't get away from Soi Cowboy he needs help, does anyone know a doctor for Soi Cowboy addicts? He said to me that all he has to do is pay 20,000thb so there was no point him rushing back to UK & the wet and cold..

He's a card.. :jap: Feel the love!!

[spectrumisgreen]

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.

I personally have never - and would never - overstay knowing I'd done so anyway.. got my passport and my visa and stamps.. pretty clear really.. as for the those who do, sorry to be cynical, but who here also thinks that things will carry on pretty much the same, only now over-stayers will be paying the police THB?????? to stay out of jail?!!! :jap:

Edited September 24, 2010 by spectrumisgreen

[eirikur3]

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

I wonder if this new law applies from 1960 or from today ?

[Mario2008]

[i wonder if this new law applies from 1960 or from today ?

There is no new law or law change. Immigration just changed its policy on overstay.

[goldmonky]

Ok I have spoke to alot of overstayers at various times , most of them crooks or pimps for them no problem . They just go on a visa run (trip) like they always do . A short phone call to the contact at the border .Pay the bribe give a bottle of johnny walker black and fly from cambodia.Personally I dont believe it but I have heard it from a few people:

[phuketrichard]

And just in form Phuket;

PHUKET: The Phuket Immigration chief today denied there have been any formal changes in the way Thai Immigration Police deal with foreigners who overstay their permits-to-stay or who are otherwise discovered to be residing in the Kingdom illegally.

Phuket Immigration Superintendent Panuwat Ruamrak admitted receiving “many” calls today following an online media report stating that foreigners who try to depart from Thailand at Bangkok's Suvarnabhumi Airport face arrest and detainment if their permits-to-stay have expired by 42 days or more.

The report said people who had overstayed by 21 to 42 days fall into a “gray area” and may face possible arrest and detainment at the discretion of Immigration officers at the intended point of departure.

Those who overstay by fewer than 22 days can pay the fine at the airport and depart without having to worry, according to the report originally sourced to Pattaya One.

Col Panuwat today told the Gazette, “I contacted the legal department at Immigration Bureau Headquarters on Soi Suan Plu in Bangkok, the Phuket Airport Immigration Superintendent and other authorities as well."

“All have assured me that they are still following all the terms of the Immigration Act 1979, enacted on February 29 that year,” he said.

Under the Act, “any alien who stays 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.”

“I am confused about how this kind of news is spread. It is possibly a misunderstanding,” he said.

Such misunderstandings may be the result of people who overstay not having enough money to pay the fine, a scenario that gives Immigration officers no choice but to arrest and detain them, he said.

Overstay fines in Thailand accrue at 500 baht per day to a maximum of 20,000 baht. As such, the policy does not encourage foreigners with long overstays to legitimize their immigration status once they have passed the 40-day threshold.

The alleged “Suvarnabhumi Crackdown” reportedly targets foreigners who take advantage of this by grossly overstaying their permits-to-stay and then turning up at the airport with 20,000 baht and an air ticket in hand, expecting to fly out of Thailand hassle-free.

Col Panuwat stressed that any new official changes in policy or regulations are posted on the Immigration Bureau’s official website: www.immigration.go.th.

He encourages tourists with questions to download a copy of the Immigration Act, which is also available online there.

The Phuket Gazette notes that Immigration officers at checkpoints have always had complete discretion on what punitive measures to take with overstays, as specified above.

They can also deny entry to anyone arriving at a border checkpoint for any reason, even if the person arriving is in possession of a valid visa.

This being the case, all foreigners are strongly advised to never stay in Thailand past the date specified in their permit-to-stay and to make sure they comply with all other provisions of Thai Immigration Law.

http://www.phuketgazette.net/news/detail.asp?id=9293

[TAWP]

Flew out of Suvarnabhumi yesterday with 80 day overstay with no problems...

May one dare to ask why it became 80 days?

[bkk_mike]

You just get a note from the hospital telling how long you stayed there and how long recovery time you need before you can leave the country... This you show to the immigration and end of problems...

Yeah right...

Well in answer to your question, I was here a few years ago on a 1month tourist visa to visit my wife and daughters and became ill, needed an operation and spent 3 weeks in hospital, I came out with paperwork from the hospital confirming that I had been there for 3 weeks and the date I was released which was 2days overstay plus 1 more day to get to the airport and purchase another ticket.

I was stopped at passport control and taken into an office by security and informed of my offence, not a problem I think, I produced the paperwork from Bumlumgrad hospital confirming my stay with them, only to have my attention drawn to a very large sign in thai and english about no excuses for an overstay, the head man informed me that no paperwork from the hospital had any bearing on the matter, it was very simple, I HAD OVERSTAYED, I paid the relevant sum, passport duly stamped and on my way.

The hospital should have known better and dealt with it when you became ill. Bumungrad, like many major hospitals, has liaison with immigration to sort out these kind of problems.

Normally immigration won't give you an extension if you apply for one at the airport. You should have applied when you became ill and it would have been no problem.

Bumrungrad should have known better, or did, and told you to go to immigration and you made the assumption that they included immigration at the airport...

But what if you get involved in a traffic accident upcountry, where the hospital doesn't deal with foreigners, so doesn't know about visa extension paperwork.

I believe they should have an exemption from mandatory jail time (if they can't manage an exemption from the fines too) for the following cases.

1. Hospitalisations

2. Major flight problems like the Icelandic Volcano earlier this year. The volcano only closed air traffic for a couple of weeks, but the backlog in return flights took quite a while to clear up. And although people with flights to Europe got exempted from overstay payments, some of those where their return meant a connecting flight in places like India didn't as Thailand treated them as people flying to India, not Europe.

3. Yellow/Red shirts closing the airport again.

It's bad enough that some people got hit up for overstay fines because of volcanic activity half way around the world, but if Thailand started jailing people for it...

Personally, I did a one-day overstay in 2004, and that was only because I thought I could get a 30 day extension at immigration and, instead got a 14 day one and our flights were in 15 days.

[dighambara]

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.

I agree, but as T.I.T. things are not always as they seem.

Plus, as a retiree, I often get the days wrong - thinking it is Tuesday, when it is Saturday, or it is the 24th, when it is the 29th.

I have overstayed twice since my first long term visit in 1966, when no passport was required.

My first overstay was in 1968 for not understanding the rules - no Thai-Visa to clear up the Tinglish...LOL Missed my flight, saw the judge, paid the fine and caught the next plane.

Second time was last year for going to Immigration on Monday, instead of Saturday (when I thought they were closed). My fault, should have gone on Friday... They said they had been open on Saturday - overstay 2 days...

I also liked Cresswell's comment: "it sounds like a nice little earner for someone."

This new activity is a great way to increase 'Tea Money (Sinbon) - BUT, I thought we were trying to reduce corruption... MY BAD...LOL

[dighambara]

Flew out of Suvarnabhumi yesterday with 80 day overstay with no problems...

May one dare to ask why it became 80 days?

This is an excellent question, because there are many ways to do an end run...

What truly amazes me is meeting Thai citizens who have both passports, but went to the trouble of getting a visa for their foreign passport and then using it, but overstaying..??

I cant see why they went the extra bother to receive the extra hassle..??

[Acharn]

Hello!

what whould happen,when someone,short before the visa is runing out and the person have to go to hospital?

same then normal overstaying,or how then will be the diffrence in the visa law?

who have the be informed first?

when it should not posible after a acsident or whatevver-?

is a blacklist forever,or can also be removed,after a couple of years?

on internet i read some reports,that planing in the future,a visa for all countrys,like here in eu!

No, if you're really in the hospital you can get a statement from the doctor and take it to Immigration. In general the immigration people are helpful, as long as you are polite with them. If you have a statement showing you were hospitalized, they'll extend your visa long enough to allow you a reasonable time to leave the country.

[dighambara]

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.

Suryau's comment was funny, even if it missed the point. Your comment is caustic and rude - wake up..!!

[mca]

Flew out of Suvarnabhumi yesterday with 80 day overstay with no problems...

May one dare to ask why it became 80 days?

He's Phileas Fogg but his Sat Nav was on the blink. Spent the entire time on the Udon Thani ringroad thinking he was on the way to Calcutta.

[dighambara]

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

Surayu - You lighten up an otherwise dull, but important, subject.

However, much of 'Official' Thai activity reminds me of the cat that keeps looking behind the mirror for that other cat... Productivity is not an issue here... Highly visible situations are addressed, while the deeper, well hidden and dangerous ones are left alone.

Much like problems in the US - enforce existing laws and the problems will diminish - nuff said...

[borisloosebrain]

Ah, the usual lock em up, throw away the key, hang em high brigade are on the keyboards. Congratulations you lot, obviously you have never had a serious problem in your life, at least not yet. I don't wish any such problem on you either, but please realise that some people, and very often through no fault of their own find themselves in such a mess. 

Friendly smiling people, seems like paradise, then they lose all their money, stolen or scammed, usually, but not always by the Thai's, then they find themselves broke and on overstay.

This is not always the case, of course there are vagabonds out there, I grant you, but lets not group all overstayers together, there are genuine hardship cases.

Life is rarely black and white, I think you guys watch too many movies, goodies and baddies movies, perhaps the A Team, just grow up.

Law enforcement here, if you can call it that, is all about money, nothing else. The threat of a jail sentence can be overcome by a bigger back pocket payment and the police know that. That is the only motive. It's all about getting as much money as possible from the dreaded foreigner....as usual.

Excellent , intelligent response , thank you.

The amount of self righteous punishment junkies commenting is astounding.

[moe666]

I'm sure everyone on this board would agree that the United States of America should institute a similiar policy with it's neighbors, especially Mexico and even it's other international friends. Right?

Not just right but; ABSOLUTELY RIGHT !!!!

A couple more here who donot know about enfocement in their own country. If you are caught illegally entering the US now you will be detained until a judge sees you. Stop listening to Fox News and the rest of the republicans running for office. The US policy has nothing to do with Thailand or its over stayers.

[Mitker]

The grey area is for those whose overstay falls in the period between three and six weeks... it will be up to the Immigration officer and his superiors at an airport or land border crossing to decide whether...

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.

Amazing to see this permanent necessity to manage this kind of grey area allowing any official to become a street judge.

Far too much power.

[Eclipse]

Ah, the usual lock em up, throw away the key, hang em high brigade are on the keyboards. Congratulations you lot, obviously you have never had a serious problem in your life, at least not yet. I don't wish any such problem on you either, but please realise that some people, and very often through no fault of their own find themselves in such a mess.

Friendly smiling people, seems like paradise, then they lose all their money, stolen or scammed, usually, but not always by the Thai's, then they find themselves broke and on overstay.

This is not always the case, of course there are vagabonds out there, I grant you, but lets not group all overstayers together, there are genuine hardship cases.

Life is rarely black and white, I think you guys watch too many movies, goodies and baddies movies, perhaps the A Team, just grow up.

Law enforcement here, if you can call it that, is all about money, nothing else. The threat of a jail sentence can be overcome by a bigger back pocket payment and the police know that. That is the only motive. It's all about getting as much money as possible from the dreaded foreigner....as usual.

Excellent , intelligent response , thank you.

The amount of self righteous punishment junkies commenting is astounding.

Rubbish.

Follow the law and you will not have a proplem.

Break the law and face the consequences . It is as simple as that.

[harrry]

There is a new post in news cancelling this. It seems it was a false report. The new paper involved atributed the source as Thai Visa. Not a good start.

[borisloosebrain]

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

No, they shouldn't wait. These people who're doing any crimes and/or overstay for such a long time made it for so many years pretty hard for those who pay taxes, always working with a WP and always having a valid visa.

It's already obvious that many Thais started to dislike us foreigners because of so many who broke the rules.

How's it in other countries? I'm sure people like you are always for the Immigration in your home country that foreigners without a valid visa are getting kicked out, right?

To be perfectly honest, i hate to read so many stories about criminals from other countries. As a matter of fact, they think we're all similar.

There's only a few reasons for an overstay, like an accident. NO MERCY. :jap:

Let's hope one day you find yourself in a situation where you have to plead for mercy for reasons that you may think are genuine but that others don't. What goes round comes round including " no mercy".

[mca]

There is a new post in news cancelling this. It seems it was a false report. The new paper involved atributed the source as Thai Visa. Not a good start.

Can you link please. I can't find it.

[borisloosebrain]

Ah, the usual lock em up, throw away the key, hang em high brigade are on the keyboards. Congratulations you lot, obviously you have never had a serious problem in your life, at least not yet. I don't wish any such problem on you either, but please realise that some people, and very often through no fault of their own find themselves in such a mess.

Friendly smiling people, seems like paradise, then they lose all their money, stolen or scammed, usually, but not always by the Thai's, then they find themselves broke and on overstay.

This is not always the case, of course there are vagabonds out there, I grant you, but lets not group all overstayers together, there are genuine hardship cases.

Life is rarely black and white, I think you guys watch too many movies, goodies and baddies movies, perhaps the A Team, just grow up.

Law enforcement here, if you can call it that, is all about money, nothing else. The threat of a jail sentence can be overcome by a bigger back pocket payment and the police know that. That is the only motive. It's all about getting as much money as possible from the dreaded foreigner....as usual.

Excellent , intelligent response , thank you.

The amount of self righteous punishment junkies commenting is astounding.

Rubbish.

Follow the law and you will not have a proplem.

Break the law and face the consequences . It is as simple as that.

The same mentality kept Nelson Mandela in jail for years - breaking a law.

[Mario2008]

There is a new post in news cancelling this. It seems it was a false report. The new paper involved atributed the source as Thai Visa. Not a good start.

Can you link please. I can't find it.

Discussed here:

http://www.thaivisa.com/forum/topic/400643-phuket-immigration-no-change-in-visa-overstay-rules/

[phuketrichard]

There is a new post in news cancelling this. It seems it was a false report. The new paper involved atributed the source as Thai Visa. Not a good start.

Can you link please. I can't find it.

Do u all not read the thread?? I posted the whole thing,

now here it is again

Immigration ruling

Note this is form Phuket

[mca]

Sorry. The fact that is was supposed to be in the news section threw me.

[Eclipse]

The same mentality kept Nelson Mandela in jail for years - breaking a law.

I do not remember Nelson Mandela overstaying his Thai Visa.

Please try and keep up.

[bangkokrick]

Ah, the usual lock em up, throw away the key, hang em high brigade are on the keyboards. Congratulations you lot, obviously you have never had a serious problem in your life, at least not yet. I don't wish any such problem on you either, but please realise that some people, and very often through no fault of their own find themselves in such a mess.

Friendly smiling people, seems like paradise, then they lose all their money, stolen or scammed, usually, but not always by the Thai's, then they find themselves broke and on overstay.

This is not always the case, of course there are vagabonds out there, I grant you, but lets not group all overstayers together, there are genuine hardship cases.

Life is rarely black and white, I think you guys watch too many movies, goodies and baddies movies, perhaps the A Team, just grow up.

Law enforcement here, if you can call it that, is all about money, nothing else. The threat of a jail sentence can be overcome by a bigger back pocket payment and the police know that. That is the only motive. It's all about getting as much money as possible from the dreaded foreigner....as usual.

Excellent , intelligent response , thank you.

The amount of self righteous punishment junkies commenting is astounding.

Rubbish.

Follow the law and you will not have a proplem.

Break the law and face the consequences . It is as simple as that.

The same mentality kept Nelson Mandela in jail for years - breaking a law.

I am really hoping that you're 23rd post is going to make some sense. Nelson Mandela for Pete's sake????

Rick