Thai Immigration Introduces Jail Time For Overstayers

[mochafan]

About time a country enforces it immigration laws. Hopefully the US Ambassador to Thailand will forward this information to Hillary and on to Obama and then down to Reid and Pelosi as an appropriate immigration policy.

Borders make Nations!!

Thailand is showing the way. Are you listening US and Europe

Thailand is showing the way? You're kidding, right? It's ok for Thai police, government officials AND the general population to break the law......but an overstayer? OOOOHHHH They are dangerous farangs....look like ATM, too.

[bitterbatter]

There are always many sides to a story. If they are to get tough on immigration one way then why not both ways. I have known many foreigners who come here, fall in love with the country and a girl then decide to teach English to stay. The big problem is that almost no schools will support the thai law requiring to get them a visa and pay a minimum salary of 80k baht. I admit that the salary requirement is over the top a little but they ought to get the fellow a visa. If they really want quality English lessons from a native speaker it is the obviously good thing to do. On top of it, they usually have hungry girlfriends with hungry families who think a farang is a pot of gold. Lets even the playing field and be honest on both ends.

I personally got screwed over by a lawyer here and had to overstay so I could collect the several thousand dollars owed to me. To top it off I was suckered by a conniving guesthouse owner who threatened me and eventually put a contract out on my life While she talked BS to the police about my situation. Fortunately, when she cornered me I told the police the truth and they backed off. Eventually she lost her credibility and can't screw with us farang anymore, but I would hate to think what would have happened if I hadn't stood up for myself and hadn't gone to the police first. It was a lesson hard learned, but if things were a little more equal here then often these messes would never occur. Treat honest people trying be good immigrants with mutual respect is the best method. Anything less is a slap in the face and will continue giving the country a bad rap. I hope that the immigration police, deciding how much time a farang overstaying deserves in jail, will be thinking with a judicious heart and not about their mia noys.

Edited September 27, 2010 by bitterbatter

[mochafan]

21 pages filled with (sorry to say) mostly careworn comments. You stay here then please do so accepting Thai laws. You don't like them... get out.

There are hundreds of other topics with pages over pages of complaints how Thai authorities fail to enforce the law.

And that pages hit the spot. I believe that the one thing Thailand really needs is the understanding that rule of law (and sticking to it regardless who you're dealing with, rich or poor, influential or not) is the key in turning this country away from it corrupt practices.

So,if it comes to immigration law... go with it and you won't have a problem while passing Suvarnabhumi. Stop ranting and safe your breath to get a visa renewal on time.

You don't like the laws... get out....hmmm....hows does an overstayer affect your life or the life of any Thai? Really? So it's a law.....who cares?! What do Thais lose by someone overstaying? I really don't see the problem having overstayers. They've never bothered me and i don't know of one single Thai who has ever had a problem with an overstayer.

[Mario2008]

The big problem is that almost no schools will support the thai law requiring to get them a visa and pay a minimum salary of 80k baht. I admit that the salary requirement is over the top a little but they ought to get the fellow a visa. If they really want quality English lessons from a native speaker it is the obviously good thing to do.

There is no minimum income requirement for a teacher to be able to get a work permit and an extension of stay. (Besides the Thai minimum wages of about 200 a day).

[Badbanker]

Maestro has asked me to confirm or deny some of the rumor associated with this thread as I work in this area everyday.

Before the end of this week I will start a new thread based on my interviews with senior immigration officers at Suan Plu, Chaeng Wattana and the Suwanapumi Airport. I will also talk with the Thai Police Special Branch and officers of the American Citizen Services, The British Embassy Consular Section, and the consular section of the Australian Embassy.

These 3 embassies are responsible for 30%+ of overstay cases I have involvement with and have a real working relationship with the government departments and the courts and as such know really what happens.

I will not attribute the information to any specific embassy of government department as I feel this will make a problem, but I will give as factual and clear account of what is really happening in real time time. I will attribute new directions, if any, to immigration officers and the Thai Police Special Branch who is responsible for developing immigration policy.

Last night I spent 35 mins with the officers, airside, at Suwanapumi airport sitting with them as they processed about 7 small overstay cases. They were very frank and very friendly and as they are the ones that make the decisions that basically effect all overstayers on the ground, they are the ones that really concern us! Frankly there has been no real change, that they are aware of, although they are not given notice when there is a policy change. Got to speak to some of their bosses today.

BB

Edited September 28, 2010 by Badbanker

[electau]

http://www.smartraveller.gov.au/zw-cgi/view/Advice/Thailand

Overstaying your visa in Thailand is considered a very serious offence and may result in arrest and prolonged detention. Travellers who overstay entry permits may not be allowed to leave Thailand until a fine is paid. The fine is currently 500 Baht per day, up to a maximum of 20,000 baht. If you cannot afford to pay the overstay fine you may be arrested, taken to court, charged with a visa offence, and required to serve a lengthy prison sentence in lieu of the fine. Travellers who have overstayed their visas may be imprisoned, deported and placed on an immigration blacklist to prevent them from returning to Thailand.

Source: Australian DFAT website. Information current to last update 16/09/2010.

[Gigabyte]

21 pages filled with (sorry to say) mostly careworn comments. You stay here then please do so accepting Thai laws. You don't like them... get out.

There are hundreds of other topics with pages over pages of complaints how Thai authorities fail to enforce the law.

And that pages hit the spot. I believe that the one thing Thailand really needs is the understanding that rule of law (and sticking to it regardless who you're dealing with, rich or poor, influential or not) is the key in turning this country away from it corrupt practices.

So,if it comes to immigration law... go with it and you won't have a problem while passing Suvarnabhumi. Stop ranting and safe your breath to get a visa renewal on time.

You don't like the laws... get out....hmmm....hows does an overstayer affect your life or the life of any Thai? Really? So it's a law.....who cares?! What do Thais lose by someone overstaying? I really don't see the problem having overstayers. They've never bothered me and i don't know of one single Thai who has ever had a problem with an overstayer.

I don't think that it's a matter of liking the laws or not seeing a problem with overstayers. Thailand, like any other country, has immigration laws for a reason and it's their right to do so. Besides my home country, I have never visited a country where I wasn't asked for my passport and stamped a date to leave the country (+ conditions). There are reasons for that. If the overstayer has no source of income and steals/begs to survive, that is a problem. If the overstayer works illegally and do not pay taxes, that is a problem. If the overstayer gets sick or need medical attention and becomes the charge of the society, that is a problem.

Like it or not, it's the Thai people who make their rules. Not us foreigners. Back to your home country, if a bunch of foreigners decide that they are in charge of making the laws, they will do what's good for them, not necessarilly good for the majority of the people. You don't have a problem with that?

[Mario2008]

http://www.smartrave...Advice/Thailand

Overstaying your visa in Thailand is considered a very serious offence and may result in arrest and prolonged detention. Travellers who overstay entry permits may not be allowed to leave Thailand until a fine is paid. The fine is currently 500 Baht per day, up to a maximum of 20,000 baht. If you cannot afford to pay the overstay fine you may be arrested, taken to court, charged with a visa offence, and required to serve a lengthy prison sentence in lieu of the fine. Travellers who have overstayed their visas may be imprisoned, deported and placed on an immigration blacklist to prevent them from returning to Thailand.

Source: Australian DFAT website. Information current to last update 16/09/2010.

In addition immigration can hold you till you have a ticket out of the country. Immigration is not going to pay for it.

[mesohappy]

why do so many of u complain when Thailand tries to get its act togeather?

What would happen in a western country if u overstayed or even India or Nepal. Jail time-deportation and Blacklisted.

Could it be that oyu all donet wnat thailand to grow up and always remain the country where you can always buy your way out of things. For this country to join the 2nd world they must start enforcing laws, not letting them slide.

In the US, overstay as long as you want. You can even lose your entry card. Go to the airport, get on the plane, have a nice flight. No questions asked.

[Gigabyte]

why do so many of u complain when Thailand tries to get its act togeather?

What would happen in a western country if u overstayed or even India or Nepal. Jail time-deportation and Blacklisted.

Could it be that oyu all donet wnat thailand to grow up and always remain the country where you can always buy your way out of things. For this country to join the 2nd world they must start enforcing laws, not letting them slide.

In the US, overstay as long as you want. You can even lose your entry card. Go to the airport, get on the plane, have a nice flight. No questions asked.

Hmm.... Do you have documentation/sources to support what you say? And even if you're right, you got to admit that the US is much more selective about their visitors. The US might be relaxed about overstaying (still please document that claim - I have my doubts about that) however it's not that easy to get a visa to put a foot there to start with. Ask any Thai. On the other hand, any US citizen can arrive in Thailand on any given day, no question asked except "Did you have a nice flight?".

By the way, are all the Mexicans who arrived in the US on a tourist visa and now illegally stay/work in the US given a smile and a "Have a nice flight, Mr. Sombrero" when they are caught?

And by the by as well, losing an entry card is not an overstay issue - I did lose mine in Thailand and when I went to the airport they let me on the plane, no questions were asked and was told "Please come again and wish you have a nice flight". I didn't overstay.

[Badbanker]

Ah Ha!

We have a new immigration Commissioner coming into office on the 30th of this month.

Everyone is expecting big bad things to happen with overstayers when he comes in but NO ONE KNOWS!

Interesting study I am doing.

BB

[Tropicalevo]

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!

Why should there be an amnesty?

You broke the law. To give an amnesty says - OK you can break the law and we will let you do it again for a month (or whatever).

Go to jail. Go direct to Jail. Do not collect $200.

[DannyS1951]

It does seem a shame that the Thais attitude to farangs has changed so much. Some of the old hands may remember when those ex-GIs left over here after the Vietnam war were politely invited to formalize their status after many years of not bothering with immigration and never having gone home. Still when you read some of the rabid comments on Thai Visa you can maybe understand why Thai attitudes may have changed. Chill out guys as some of the younger members might say.

[inthepink]

I too have had a non O visa valid for 1 year but had to exit every 90 days, God only know why. Its not checking in to tell immigration where you are, its simply leaving and returning.

God isn't the only one who knows why. If you applied for a 90 day multi entry non-imm 'o' then of course you would have to leave after your 90 days were up. If you had a valid reason to extend it for a year instead of leaving then you could have done. That's your fault if you did not, not immigration's.

[mesohappy]

why do so many of u complain when Thailand tries to get its act togeather?

What would happen in a western country if u overstayed or even India or Nepal. Jail time-deportation and Blacklisted.

Could it be that oyu all donet wnat thailand to grow up and always remain the country where you can always buy your way out of things. For this country to join the 2nd world they must start enforcing laws, not letting them slide.

In the US, overstay as long as you want. You can even lose your entry card. Go to the airport, get on the plane, have a nice flight. No questions asked.

Hmm.... Do you have documentation/sources to support what you say? And even if you're right, you got to admit that the US is much more selective about their visitors. The US might be relaxed about overstaying (still please document that claim - I have my doubts about that) however it's not that easy to get a visa to put a foot there to start with. Ask any Thai. On the other hand, any US citizen can arrive in Thailand on any given day, no question asked except "Did you have a nice flight?".

By the way, are all the Mexicans who arrived in the US on a tourist visa and now illegally stay/work in the US given a smile and a "Have a nice flight, Mr. Sombrero" when they are caught?

And by the by as well, losing an entry card is not an overstay issue - I did lose mine in Thailand and when I went to the airport they let me on the plane, no questions were asked and was told "Please come again and wish you have a nice flight". I didn't overstay.

I personally know several perople of different nationalities who have done just as I've described, my mother-in-law included.

Most illegal Mexicans do not come on tourist visas, but sneak across the border. I don't know how the land crossing back to Mexico works these days, but if they fly out they are not checked.

Obviously any illegal caught will be prosecuted under immigration law but one would have to try pretty hard to be caught. Police don't typically ask foreigners for their papers, except maybe in Arizona these days.

I agree there are probably good reasons the US is the way it is.

[electau]

This is how Australia handles overstayers, compare with the USA and then Thailand.

http://www.immi.gov....on-citizens.htm

We have two basic levels of protection, 1 Australia is an island and 2. anyone who is not an Australian citizen must have a visa if they wish to come to Australia.

If you turn up without a visa you may find yourself in a detention centre.

Edited September 30, 2010 by electau

[george]

Update:

Overstay warning! Pattaya One strongly stands by Immigration story:

[HC82]

Have there been any reports of people attempting to leave with long overstays lately? Are people really going to jail?

I think this is just shameless fear mongering by Pattaya One and ThaiVisa to bring interest to their publication.

<deleted> the 'news' today was nothing more than an advertisement for Pattaya One, it said basically nothing about Immigration or Overstaying.

[george]

Have there been any reports of people attempting to leave with long overstays lately? Are people really going to jail?

I think this is just shameless fear mongering by Pattaya One and ThaiVisa to bring interest to their publication.

<deleted> the 'news' today was nothing more than an advertisement for Pattaya One, it said basically nothing about Immigration or Overstaying.

Yes, people are going to jail for overstay when attempting to leave.

Did you download the PDF version with the full story?

Here it is:

http://www.thaivisa.com/forum/files/file/657-pattaya-one-issue-1/

[bdenner]

Have there been any reports of people attempting to leave with long overstays lately? Are people really going to jail?

I think this is just shameless fear mongering by Pattaya One and ThaiVisa to bring interest to their publication.

<deleted> the 'news' today was nothing more than an advertisement for Pattaya One, it said basically nothing about Immigration or Overstaying.

Yes, people are going to jail for overstay when attempting to leave.

Did you download the PDF version with the full story?

Here it is:

http://www.thaivisa.com/forum/files/file/657-pattaya-one-issue-1/

George, you must have a different copy than the version published on the link. I don't see anything new here or actual jail sentences being handed down.

[george]

Have there been any reports of people attempting to leave with long overstays lately? Are people really going to jail?

I think this is just shameless fear mongering by Pattaya One and ThaiVisa to bring interest to their publication.

<deleted> the 'news' today was nothing more than an advertisement for Pattaya One, it said basically nothing about Immigration or Overstaying.

Yes, people are going to jail for overstay when attempting to leave.

Did you download the PDF version with the full story?

Here it is:

http://www.thaivisa.com/forum/files/file/657-pattaya-one-issue-1/

George, you must have a different copy than the version published on the link. I don't see anything new here or actual jail sentences being handed down.

Short jail stays for overstays are handed down every day.

Please post your editorial questions direct to Pattaya One team here:

http://www.thaivisa.com/forum/forum/157-pattayaone/

[austriandutch]

Have there been any reports of people attempting to leave with long overstays lately? Are people really going to jail?

I think this is just shameless fear mongering by Pattaya One and ThaiVisa to bring interest to their publication.

<deleted> the 'news' today was nothing more than an advertisement for Pattaya One, it said basically nothing about Immigration or Overstaying.

Yes, people are going to jail for overstay when attempting to leave.

Did you download the PDF version with the full story?

Here it is:

http://www.thaivisa....ya-one-issue-1/

George, you must have a different copy than the version published on the link. I don't see anything new here or actual jail sentences being handed down.

Short jail stays for overstays are handed down every day.

Please post your editorial questions direct to Pattaya One team here:

http://www.thaivisa....157-pattayaone/

George and all people who 'are in the know' so well about the new situation for overstay..

Why not show a single case of those new rules actually enforced.. Where are the 'long' overstayers that have been jailed the past week ?

Because at the moment we all only see one thing , Thai Visa made a deal with Advert sellers (oops sorry.... journalists) of Pattaya One ...

who claim to have inside info yet fail to come up with any source that actually is named ( or is this a deep throat story that we can not check)

And George: Yes people actually are jailed every day for a short time but ONLY when they do not have the ability to pay the overstay fine or do not have a valid ticket out of Thailand.

My lawyer asked immigration officials and they were very clear : have your valid ticket, have your 20.000 Baht and DON'T have a criminal record in Thailand and they do not care even when you have 10 years of overstay.

Now proof me and my lawyer wrong and show me the overstayers actually being jailed and that have the above. I will eat my words.

it is a shame that Thai Visa is using sensationalism to create hits and sell a rag like Pattaya One , shame on you

[GarryP]

Can we have a volunteer from TV to turn himself in (I'm sure there must be a few who are would qualify)? A lot of readers would be interested in finding out what really happens.

[futureexpat]

I overstayed well past the 40+ day mark. I left the country last week and the only thing they asked me was if I had 20,000 baht. Came back into Thailand without any issues.

[thailandia]

On 9/27/10 I went through the airport with a 1200+ day overstay. Not any problem at all - I had the fee for the fine. They didn't ask me anything about it - not even, "why?"

Total time involved? About 6 minutes.

Got a 2x Tourist Visa in Laos to return, no problem there either.

I don't think anything has changed... at least my experience doesn't hint at WHAT might have changed.

[onlooker]

You really have to wonder if TV has screwed this up big time. So far no mention at all of any changes in any recognised news source - excluding the super , soaraway Pattaya One of course.

Yes, people are going to jail for overstay when attempting to leave.

Short jail stays for overstays are handed down every day.

Sure you aren't including Burmese in this as a get out? And you are saying none of these people has been bothered to complain to a new paper back in their own country about their treatment?

This is looking seriously like the Thaivisa 'Jumped the Shark' moment where rather than admit a serious misjudgment it just keeps getting glossed over. In the end I have a feeling that these threads will disappear suddlenly when the calls for real proof get louder and none is forthcoming or sob story about how they were tricked is given by Pattaya One or TV.

Sad.

Edited October 1, 2010 by onlooker

[george]

Update:

British Embassy in Bangkok warns of detention for overstayers exceeding 42 days

[sevenhills]

More propaganda as in previous posts, They probably apply to Burmese, Cambodians and the like? Please supply proof of 1 Farang that has been arrested that did not have the 20,000 Baht and a valid ticket out. Sensationalism and scare tactics at best.

[jamesthefirst]

Great post...well done...I personally don't see what the big fuss is with foreigners getting pissed off with other foreigners for overstaying. It's not as if these 'criminals' are a burdon on Thai taxpayers or anything. Don't get me wrong, laws should be obeyed, but I think foreigners lambasting these people, is quite pathetic.

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!

[mauiguy90]

Warned a friend of mine that overstayed 2 months. He went thru airport immigration, paid his 20,000 baht and had no problem. He talked to the immigration official who told him that many people overstay for longer periods than he did, pay their 2000 baht and go home. Maybe the policy has changed, but the enforcement has apparently not changed. If anything, I'd like to see if the Nation or Bangkok Post publish a similar story.

If you think about it, detaining overstayers creates another problem since jailing someone will cause them to miss their flight. Some overstayers may not be able to buy another ticket and will be stuck in Thailand. Its possible that airport immigration did arrest a few foreigners who overstayed their visas, then found out it created more problems than it was worthwhile. If immigration really wanted to reduce overstayers, they would increase the daily fine to 2000 baht and the maximum fine to 400,000 baht. That would make overstayers take notice. See how many people would overstay after that.

Edited October 6, 2010 by mauiguy90