Thai Immigration Introduces Jail Time For Overstayers

[pgrahmm]

Why do we have to jail them after they overstayed in our country? This new regulation is completely absurd. It's like instead of punishing them, we reward them by making them stay in our country longer and feeding them at the same time! I think the 500 Baht per day should be increased to 1,000 Baht (it's income for our country). We can also blacklist the overstayers after having them pay a heafty fine. That's better!

[corkman]

I'm an expat, living in BKK, so this doesn't really affect me - as such.

My opinion though, for what it is worth, is that foreigners of any kind, bringing in their foreign currency and spending it, can only be a positive thing for the country right? What is wrong with letting someone stay for 2 months, 3 months, indefinitely...... so long as they can demonstrate the financial means and meet a few basic critieria like obligatory health insurance, return air ticket, the place they are staying, etc.

Notwithstanding the above, if anyone shows a total disregard for a countries laws, be they imiimigration law or otherwise, they should be punished accordingly. This all goes back to the usual old song...... someone, somewhere, is going to make a nice little earner......

In my opinion, it is good if people are locked up for not obeying the law. The law however is flawed in that tourists should be allowed to stay longer......

[Mario2008]

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

This is not a law change, the law allows for a 2 year jail term and/or a fine of 20,000 baht for many years now. Immigration has just adjusted it's policy.

You can either pay the fine and be dealt with by immigration or go to court and stay in jail till you are brought before the judge and sentenced. Immigration now will be stricter on the criteria under which they will deal with over stayers self and if necessary bring one before a judge to be sentenced.

[thaikahuna]

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

You must be joking right? The people here on overstay almost always know they are on overstay and do so of their own will. I think it is a good move IF it is enforced equally.

[RJF]

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

Don't you think it is someone's personal responsibility to know how long they can legally stay and act according to that? Come on...

[tonybuak]

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!

Absolutly Right On! Forget the Mafia in Pataya and all the convicts who have allready been arrested here, for robing and then there let back in again to do the same thing again. Why bother! you need to get your arrest quota up, let the mountain come to Mhuhamid Or whatever is name might be.

[neverdie]

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?

Australia needs to get on this cashcow & quick, maybe help them pay their little deficit off a bit quicker

[Mario2008]

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

This is immigration policy, not MFA.

Immigration only makes some directives public, others are only internal. But we have it from a very good source and it has been confirmed by the top of immigration HQ.

[hkt83100]

How about if you overstay the 90-days report to the immigration office, having a one-year visa? Is there a fine too if you forgot to report after 90 days, let's say two weeks too late?

Find your answer here: http://www.immigration.go.th/nov2004/en/base.php?page=90days

Quoting from the link above: "The notification must be made within 7 days before or after the period of 90 days expires."

[rick75]

I can't belive all the "its just another way to extort farang" talk.... get serious, you are breaking the law there has to be punishment.

Upon saying that due to the change in law I think there should be an amnesty period for overstayers to leave just with the fine. If after that time you are caught you should be thrown in the slammer, this is a case of aliens thinking its ok to break the law and knowingly doing it, they should throw the book at them.

[beechguy]

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!

He did read it, and politely commented on your ignorance of other countries policies. Try comparing laws with the middle east, africa, and south america.

Edited September 24, 2010 by beechguy

[neilf]

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.

are you referring to intellectual rigor mortice or the much more healthy intellectual rigour

[RJF]

'One more person out of touch with reality.'

Indeed

'Why then after the rallies in May the economy in Bangkok and the rest of the country plummeted?'

Somehow you must have missed the growth of the Thai economy and the strength of the Baht.

[ignis]

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.

What I mean is like last month boarder run to Cambodia I believe every one of the 40 people were on 90 day boarder runs, 29 were from the Philippines and worked here but still needed to do 90 day boarder runs.. OK it would still be cheaper for people from the Philippines to do a boarder run if they were from BKK, but my point is just one day with 1 Company 40 people had Thai Immigration stamp them out issue a new TM paper + re stamp everyone back in, they Thai Immigration received Nil Baht... If just these 40 people went to Immigration and paid 1,900 baht each, Thai Immigration would have received 76,000 baht... now times that with everyone that crosses the boarder by land, sea or plane... Thai Immigration would be receiving 100's of thousands of baht per day.. FAR more then the few that have overstayed and had to pay a fine..

I use Nonthaburi Immigration Office, in all the time I have been there Staff = 6, Visitors max I had to wait behind = 2... only once did another white person come in behind me, the rest of the time everyone was Asian but not Thai.

My point was Thai Immigration charging 500baht per day overstay fee to a max of 20,000baht + introducing this cannot be for extra money ?

[anon467367354]

So a person gets the money to finally leave the kingdom, gets to the airport with ticket in hand and some pocket change to "go home", then immigration throws them in jail, their ticket is no longer any good, they are stuck in Thailand with no money nor a place to stay perhaps, so another one dives off an advertisement billboard or the top floor of the airport. that'll work!

[GeorgeO]

<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.

I think your response signifies your ambivalence with regard to remaining in Thailand. My guess is that you love certain aspects of it, but hate others. However, your strength of feeling stops you from considering this move by the Thai authorities in a balanced way. Indeed, If you really do feel as strongly about everything here as your post suggests, then clearly, you should consider leaving.

Those of us who choose to stay here and abide by the law, have to put up with certain issues, such as 90-day reporting, but really, that's not too onerous is it? We're not going to find that we're suddenly being harrassed because of a new law (or in fact, the strict adherence to an old law) affecting those who break the immigration laws.

Thailand has been trying for many years to clean up its act by getting rid of undesirables, those who hide in the community never to come out again save for a few beers and whatever with some bar girl. Many of these people continue toi remain in Thailand on short-stay tourist visas without ever intending to legitimize their stay. The current intention of the Thai authorities appears to be to root out all of these people and get them to leave once and for all.

That said, however, I believe they have missed an opportunity that might have had a better chance of success. If they had reported that periods of imprisonment (of up to two years, in line with existing laws) were to be imposed on all long-term overstayers (say 14 days+) with effect from 1 January 2011, then I believe that there may have been the chance of a mass exodus of many of these undesirables, so as to avoid such jail terms in the event that they were to get caught. There would of course be a need to temper the ruling to take into account those whose overstay was beyond their control (hospitalization, etc.).

I feel that, as opposed to having the desired effect, this move is in fact likely to drive these long-term overstayers further underground!

[wackysleet]

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!

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.

[phutoie2]

With a change in the command at the top of the Immigration Department ladder.

More details please!. There are a few issues with current laws that I would like a word with.

No 1 at the top of my list -'why do I have to make a 450 km round trip to my allocated Immigration office when there is a perfectly good one in a neighbouring province 80 km away?'

Well I could move frigging house I suppose.

[Mario2008]

So a person gets the money to finally leave the kingdom, gets to the airport with ticket in hand and some pocket change to "go home", then immigration throws them in jail, their ticket is no longer any good, they are stuck in Thailand with no money nor a place to stay perhaps, so another one dives off an advertisement billboard or the top floor of the airport. that'll work!

The answer is simple, don't overstay to start with.

[mca]

so another one dives off an advertisement billboard or the top floor of the airport.

I think it's called natural selection.

[Mario2008]

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!

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.

[teatree]

Why not just get rid of the 20,000b ceiling?

[beechguy]

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!

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.

You were supposed to use the hospital documents to apply for an extension of your permission to stay, several hospitals have personnel to help in such matters.

[Mario2008]

Why not just get rid of the 20,000b ceiling?

That would require a law change.

[mrtoad]

Can't see why some people are upset by this, about time really.

There really is no excuse for overstays of more than a week IMO, unless someone has a valid reason like a medical emergency which can sorted out anyhow. However, those that have a total disregard for the rules and are on long overstays already will probably just not bother at all and will only get caught if the police go looking for them. There are plenty of those long time over stayers around who have been on overstays of years - sure if the police were really bothered they would know where s significant number are.

[mitrapaap]

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 think the interesting thing is the last part "eventually get blacklisted". If they really want to get rid of the chronic overstayers, they will now be able to jail and blacklist them, in other words they won't be able to come back. Interesting move.

Last time I left the country I had an overstay (not of the visa but the 90 days notification) of about 4 months when I applied for a re-entry permit. At the immigration office they told me I should notify 90 days and pay a fine. I didn't and just went to the airport. The officer there was looking at the stamps and at me several times. We both knew very well why. Then she put the exit stamp into my passport and whished me a nice trip.

Well, I won't push my luck anymore from now on.

Edited September 24, 2010 by mitrapaap

[wandrinstar]

So just turn up with 60 K,inside your passport..:jap: .

[Mario2008]

1 post deleted as off-topic

[lensta]

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

I agree especially the 21-41 day period

[wackysleet]

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!

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.

Instead of quoting what I should have done about an extension of my visa, if I had known that I needed one or that indeed I would have been in hospital that long then that's what would have happened.

Ignorance by people with regard to visa requirements is one of the very reasons that thaivisa exists.