Thai Immigration Introduces Jail Time For Overstayers

[username36]

THAILAND WILL NOT BE A MEMBER IN THE UN UNITED NATIONS !

NOT WITH THIS KIND OF IMMIGRATION LAW HERE IN THAILAND !

Here a very good example:

A man from Germany fallen in love with a Thai woman 20 years ago. He married her in Thailand and than he go with her to Germany to have a good life.

His wife never had to make a Visa-Run or a report at the German Immigration-office. 11 years nice time in Germany ! She got an unlimited VISA for Europe !

4 years ago this couple come to make a life in Thailand !

Now the German husband have to make every 3 month a VISA-RUN !

Even he want help her to support the parents of his beloved wife. The Immigration-Law not allow him to stay with his wife in a same way like in Europe .

The other way would to deposit the money he have in Germany on a Thai bank-account . 400,000.00 THB !

Even he can effort to stay in Thailand he has to bring his money to Thailand on a Thai bank-account !

Even he is able to take off his money on his Geman Bank-account at a ATM here in Thailand !

This Immigrant is not the only person with this problem !

For the United Nations this Immigration-Law is against Human Rights and Freedom .

This also shows how greedy the Thai Government is.

Sure not MP Abisith Vejjajiva ! He see the problem too and he has a big job to change the laws in this nice country !

[stub]

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.

Why give an amnesty? Because in most countries messing up some paperwork is not a jailable offence - that is left to the places with a reputation for human rights abuses. Would you want to go to jail because you filed your taxes a week late? Would you want to pay for other people to be thrown in jail because they filed their taxes a week late?

I wonder how the chronic overstayers will avoid the issue when it comes time to leave? Hop on a boat in Phuket, enter Malaysia without exiting Thailand and request a new passport? Or just hop the river to Laos or Cambodia?

[Mario2008]

What i want to know is will this be applied to other immigrants other than those whose skin is white, like Burmese and Cambodians.

And what happens if you are jailed and you miss your flight and have no wedge to buy a new ticket?? Do you stay in jail or do the authortities simply don't give a rats arse what happens to you. Thailand is increasingly becoming a less caring society with the autorities sticking two fingers up to anyone and everyone (thai and expats).

What is the point of jailing someone who wants to leave the country - A deterrent?? A better deterrent would be to have a standardized system of fines which don't stop at 20'000 baht, such as a 1'000 baht per day for every day overstayed, becuase ultimatly a long term overstayed only has to accept the invitation to stay in jail for a couple of days and pay 20'000 baht max. compared to a potentially unlimited fine.

And lets not forget that it's taxpayers money which is used to accomodate overstayers in jail.

But as with all political things here as the OP states, some new big job has taken over the reins and is putting his (shi**y) mark over it to show his power. How many times have we seen this and willcontinue to see this in the future.

If you miss your flight, you can be held till your next flight out of the country and you are the one who has to pay for the ticket.Under current policy they already can hold you till you have paid the fine and have a ticket out of the country.

I don't see that Thailand is sticking two fingers, you follow the law or brake it and face the consequences. That is the case in most countries and most countries have similar immigration laws.

The point of the new policy is that you can't get away anymore with paying 20,000 baht. The law allows for a 2 year jail sentence and/or 20,000 baht. Suspect that very long overstayed will be brought before a judge for sentencing and deportation afterward. In most cases that will mean blacklisted and not allowed to re-enter Thailand.

[julemanden]

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!

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...

[Jimbob1]

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.

Ahhh wake up .... you think Thailand is going to grow up by nailing overstayers ... get a life ....

Address the issue of corrupt officials ..... that should be the first thing that would need to happen rather than looking at deversions so as to take the heat off what is really going on ...

The best illusionist uses that trick to keep you focused on one hand while the other is slipping the real object in the pocket ...

[Mario2008]

No idea...

To me they would make more money if everyone with a Visa could pay 1,900 baht at Immigration every 90 days for an extension.. Just thinking about the 100's per day on visa runs, Immigration get Nil baht, if everyone could go to immigration they would get 1,900 baht each person.. I feel sure that would be a lot more than the 'overstay' fees per year.

Like any other country Thailand has different kind of visa's and reasons for staying. You either qualify for one such reason or not. If not, than Thailand doesn't want you.

[madmitch]

It isn't clear whether you still get a fine as well as the jail time.

Or can you use the 20,000 baht either to pay a bribe or pay far another flight home as you won't make the one you are booked on?

[damian7000]

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.

but people are still able to buy themselves out. it's just going to cost more. have you not been here long enough yet to see how it works? it's nothing more than a power move by the new head and an excuse to squeeze a bit more out of us. you'll feel the pinch too sooner or later. likely sooner.

[eTiMaGo]

the untold untold story, the maximum overstay fine is now 20,000 + 5,000 carefully slipped under the desk. Be prepared!

[TheyCallmeScooter]

For this country to join the 2nd world they must start enforcing laws

I feel like a spelling Nazi, but pretty sure we do not want Thailand to join the Second World. At least, I don't....

Second World" refers to the former communist-socialist, industrial states, (formerly the Eastern bloc, the territory and sphere of influence of the Union of Soviet Socialists Republic) today: Russia, Eastern Europe (e.g., Poland) and some of the Turk States (e.g., Kazakhstan) as well as China.

[Mario2008]

THAILAND WILL NOT BE A MEMBER IN THE UN UNITED NATIONS !

NOT WITH THIS KIND OF IMMIGRATION LAW HERE IN THAILAND !

Here a very good example:

A man from Germany fallen in love with a Thai woman 20 years ago. He married her in Thailand and than he go with her to Germany to have a good life.

His wife never had to make a Visa-Run or a report at the German Immigration-office. 11 years nice time in Germany ! She got an unlimited VISA for Europe !

4 years ago this couple come to make a life in Thailand !

Now the German husband have to make every 3 month a VISA-RUN !

Even he want help her to support the parents of his beloved wife. The Immigration-Law not allow him to stay with his wife in a same way like in Europe .

The other way would to deposit the money he have in Germany on a Thai bank-account . 400,000.00 THB !

Even he can effort to stay in Thailand he has to bring his money to Thailand on a Thai bank-account !

Even he is able to take off his money on his Geman Bank-account at a ATM here in Thailand !

This Immigrant is not the only person with this problem !

For the United Nations this Immigration-Law is against Human Rights and Freedom .

This also shows how greedy the Thai Government is.

Sure not MP Abisith Vejjajiva ! He see the problem too and he has a big job to change the laws in this nice country !

The immigration laws are not that different from laws in other countries.

Regarding extensions of stay for persons married to a Thai national there are indeed some problems with international treaties. But that is not the subject of this thread. Please stay on topic.

[neverdie]

but for a farang it is pokey time.

[StreetCowboy]

I generally dislike discussing personal specifics on the internet.

However, I am concerned at this recent change; I will be going through a visa renewal process shortly, and I am concerned that some (or all ) of the current visas may be cancelled retrospectively. A 20,000 baht / head fine would certainly make my eyes water, but incarceration would result in tears all round...

I very much doubt that ignorance or poor advice will be accepted as a defence...

SC

[rich54321]

The amnesty time would be a good idea - they could catch them all at one go! Why should the rest of us have to follow all the rules and check in all year - its about time someone had some sense and tried to round all the overstayers up

WELL DONE!

[personchester]

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.

A welcome move... welcome to whom ? ... not to Thai officials, and certainly not to foreigners, please clarify what your pleasure is in welcoming prison sentences for foreign over stayers.

Immigration laws must of course be be observed, and if there is a failure (over-stay) then appropriate and adequate state penalties will have to be activated, but to apply a prison term for a visa overstay is somewhat harsh particularly within a democratic country, and is not reflective of the general image and culture of Thailand.

To hear about such penalties for visa over stays in countries such as Burma, N/Korea, Iran, etc... would not be surprising, but Thailand is not in that category.

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.

Thus financial penalties (even if increased) should continue to be applied.

[StreetCowboy]

THAILAND WILL NOT BE A MEMBER IN THE UN UNITED NATIONS !

NOT WITH THIS KIND OF IMMIGRATION LAW HERE IN THAILAND !

....

Stop shouting. Take your grizzles elsewhere - they're not relevant to this topic.

Thanks

SC

Back on topic - you may want to check out my serendipitously relevant topic on deterrents posted in the general forum

http://www.thaivisa.com/forum/topic/400400-deterrent/

Edited September 24, 2010 by StreetCowboy

[bristolgeoff]

i also know a few farangs who have overstayed 4 years now too.they can not afford the fine to leave,they lose their passport too when that happens.maybe goal is something they can not hide from now.

[rossigee]

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-?

Not sure about what would happen in the case of a forced long-term overstay, such as being hospitalised for a few weeks(/months) past your visa entry expiry. I suspect you would be subject to the normal overstay rules and end up with a respective fine (although I doubt you'd be detained as it was unavoidable on your part). I doubt it would be covered by your health insurance!

About a week before I had to leave once, I lost my passport. By the time I'd got a new one and had my visa retrospectively stamped in it, I was a day or so on overstay. The immigration guys in Bangkok were quite understanding, but (apparently) couldn't stamp me back in to give me enough time to do my border run. So I was effectively a fugitive for a couple of days, while I made my way to the border as I had originally planned. On arrival, I had no issues and paid a small overstay fine if I recall.

One other time, there was a mis-understanding on our part about our son's passport, so whilst my wife and I had technically checked out of Thailand at the airport (myself a few days before my visa entry was due to expire), our son couldn't be stamped out without a Thai passport. We had mistakenly assumed that his UK passport would suffice, but it had no entry stamp because he arrived as a baby with a 'CI' certificate of identity!). So we had to be checked back in to Thailand for a few days to go get his passport arranged. That time I left on one day of overstay, so didn't have to pay a fine.

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

I have heard of people who have been un-blacklisted, although I can't be sure if or how much lubrication was involved.

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

If you've got relevant URLs, post them please. I suspect it's just a pipe dream, given how many little 'industries' in SE Asia would suffer if it were so.

A visa for all countries? Smile on

[Deeral]

So if they can effect a quick change in the law like that - how come they can't do that with 3G????

[Mario2008]

1 post discussing US politics deleted as off topic.

[steady]

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.

Your comment "I am all for the law being applied fairly and firmly." is the issue. Not today and not in Thailand.

[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 "

[Robby nz]

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!

You can get an extention to stay on medical grounds for 90 days that can be extended for a farther 90 days. Ad infinitum I believe.

You need papers from the doctor or hospital.

Looked into it myself a while back but in the end didnt need to do it.

[beechguy]

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.

Fairly simple situation to avoid, leave when you are supposed too!

[pisico]

<br />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.<br /><br />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.<br /><br />Put them in the slammer day for day.<br />

<br /><br /><br />

Wow! One more person out of touch with reality. "Thailand tolerates foreigners." It should read Thailand needs and benefits from foreigners.

Thais actually are deeply xenophobic and if they allow foreigners into the country is because tourism alone represents between 6 and 10 % of the GNP.

Why then after the rallies in May the economy in Bangkok and the rest of the country plummeted? Why then a new set of programs to stimulate Farang tourism such as the puny and childish one of "free tourist visas"? Thais firmly believe that all Farangs are a polluting element in their culture. They teach that in schools. From the time of the Japanese invasion (which happened without a single shot being fired to defend Thailand), to the declaration of war with the USA, all that is deleted from the history and not even the Amity treaty granting Americans the benefit of owning up to a Rai of land, is not even addressed. Why, because the greatness of Thainess is emphasized therefore with the implication that anything non Thai is to be distrusted and/or of a lesser nature and grade. In example, teachers in schools, Farangs have to go through an in depth background check of the Royal Thai Police to see if they have been involved in child molestation. Thai teachers do not. Why? Because Thainess presupposes that Thais would not do that, in spite of the graphic video broadcast widely on TV of a Thai monk groping a small boy in his genitals. Families in the provinces sell their small daughters to brothel owners, etc.

This is yet another example of that Xenophobia. I do not discard the possibility of that rule being circumvented with the right amount of "Tea Money" which is another manifestation of the many devious Thai ways. Everything mentioned in this reply is a matter or record and history.

Being emotional and gong-ho for the country without a broader scope of the world in which we live will send us back to the times when the Burmese Ransacked Sukhothai and later on Adyutayah. Understandably, that is the genesis of Thailand subconscious Xenophobia.

[Mario2008]

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.

but people are still able to buy themselves out. it's just going to cost more. have you not been here long enough yet to see how it works? it's nothing more than a power move by the new head and an excuse to squeeze a bit more out of us. you'll feel the pinch too sooner or later. likely sooner.

If immigration officials use it as a way to squeeze some pocket money out of over stayers it will be known soon enough and I don't think Thailand will want that kind of publicity. Report corruption to your embassy. When detained you have the right to inform your embassy.

[username36]

THAILAND WILL NOT BE A MEMBER IN THE UN UNITED NATIONS !

NOT WITH THIS KIND OF IMMIGRATION LAW HERE IN THAILAND !

Here a very good example:

A man from Germany fallen in love with a Thai woman 20 years ago. He married her in Thailand and than he go with her to Germany to have a good life.

His wife never had to make a Visa-Run or a report at the German Immigration-office. 11 years nice time in Germany ! She got an unlimited VISA for Europe !

4 years ago this couple come to make a life in Thailand !

Now the German husband have to make every 3 month a VISA-RUN !

Even he want help her to support the parents of his beloved wife. The Immigration-Law not allow him to stay with his wife in a same way like in Europe .

The other way would to deposit the money he have in Germany on a Thai bank-account . 400,000.00 THB !

Even he can effort to stay in Thailand he has to bring his money to Thailand on a Thai bank-account !

Even he is able to take off his money on his Geman Bank-account at a ATM here in Thailand !

This Immigrant is not the only person with this problem !

For the United Nations this Immigration-Law is against Human Rights and Freedom .

This also shows how greedy the Thai Government is.

Sure not MP Abisith Vejjajiva ! He see the problem too and he has a big job to change the laws in this nice country !

The immigration laws are not that different from laws in other countries.

Regarding extensions of stay for persons married to a Thai national there are indeed some problems with international treaties. But that is not the subject of this thread. Please stay on topic.

That means that you not understand the connection to the topic !

Your comment: "The immigration laws are not that different from laws in other countries." :annoyed:

Read and understand what I wrote!

[filguy]

i cant find the source. still not in MFA site. i hope this is not true.

[midasthailand]

Would this not make the overstayers decide to stay even longer instead of actually leaving. If you had an overstayer that was planning to leave and go home, what incentive does he/she have to leave now? Amazing how people react to these things. People act as if Thailand is the only place on earth that has people overstay their visa. Lets see this for what it is...BS! Could you imagine if the UK or USA jailed an illegal immigrant as he was trying to LEAVE with the fine money in hand. A society is judged on how they treat the poor and incarcerated.

Here is an extract from another forum regarding visa overstayers in Australia:

There are over 750,000 Visa Overstayers in Oz as we speak - and coming at the rate of 50,000 per year!!!! They outnumber boat people by 10-1!!! The majority of them are from the USA and UK.

It seems to me that Australia practices a form of racism here by Jailing the people that arrive via people smugglers in Immigration detention centers (conditions are significantly better than those in Thailand) But for all the computer linking and technology they do not go after the visa overstayers, a lot of whom work and pay no taxes.

Thailand has every right to set its own visa conditions and enforce them as they see fit. I wonder how many of the foreigners on overstay in Thailand would consider overstaying their visa in China?

Edited September 24, 2010 by midasthailand

[ExpatJ]

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.

Even if you are broke you can go to your embassy and at the very least they can give you a letter/inform immigration of the fact you cannot afford to leave. I am 100% sure in that case there would be no jail penalty.