Thai Immigration Introduces Jail Time For Overstayers

[StealthWing]

Don't quite see how anyone gains when the financial penalties haven't changed?

Seems Thailand will actually spend more in accomodating these overstayers, if they decide to impose imprisonment.

Just wish these things were less discretionary and more black and white to thwart greedy officials.

[bangkockney]

I think there's a lot of over reaction here - after all, minor overstays are tolerated in most countries around the world.

Overstayers should be tracked down, arrested and placed into detention pending immediate deportation. If they have no money, their embassy is contacted who can contact family members to arrange finance. Blacklisting is perfectly possible because today it is not just a document you can blacklist; take biometrics of overstayers and blacklist them for 10 years in this way.

Serious overstaying could potentially attract a custodial sentence but I think there should be multiple breaches of the immigration rules to justify it e.g. working without a permit, not registered for tax on top of overstay.

As someone pointed out in an earlier reply, Thailand has very biased rules. Everyone is well aware of the situation for extension etc based on a marriage visa, but if you are a female expat and marry a Thai man, you are not subject to the same regulations. Unfair treatment and the opportunity for corruption increases because of this rule; Thailand should remember that their citizens who are expatriated overseas get a much fairer deal out of Thailand.

Edited September 24, 2010 by bangkockney

[Eureka]

Korea has allowed for 5 year multiple entry visa for more than 20 years now. Compare their economic progress to Thailands. Enough said.

One country. South Korea I preshume. What VISA for North Korea?

What VISAs are available for UK, USA, Canada, Japan, Australia, New Zealand?

Many states in the USA do not require the use of a motorcyle helmet. Thailand does

I can ride a motorbike on any expressway in Australia. Why can't I in Thailand.

SCUBA Instructors do not need Insurance in Thailand. In Australia they do.

Pick any topic you wish and I will find at least one case where there is a differing condition.

[jonclark]

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.

What is the point of putting overstayers in jail??? Illegal immigrants or people who are in country when they shouldn't be in many countries if caught are simply rounded up and sent back to their point of orgin. Putting overstayers in jail will just clog up the courts and already overcrowded jail system and divert much needed tax revenue into court cases and the costs incurred with jail time.

If someone is found to be here and have overstayed, return them to their country of origin asap and don't let them return. End of story - quick, simple and cheap.

[phuketrichard]

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 ...

Its not just one thing. For Thailand to ever become what every thai wishes it to be MUST get away from the , "buy ur way out"

Unless ur in the hospital , where they will not chrage you for overstay or in Jail, there is NO LEGIT reason other than stupity for ever overstaying.

I think they should just allow u to leave if ur broke and cant pay the fine BUT note in UR passport ur not ever welcome back in the "Land of smiles"

[mark2552]

There is no question about people abusing the system.... However, I the The government want to exact heavy fines in cases where there is a valid reason such as medical ect. The the western countries should adopt the very same policy and throw Thais in their jails too. They can stay there and rot, until the Thai government is ready to pony up the money to pay for their deportatin back to Thailand.

I think most of us are well aware that that someone has thought of another way to wring money from some foreigners! I really don't or would not put anything

past them.

[rick75]

There is no question about people abusing the system.... However, I the The government want to exact heavy fines in cases where there is a valid reason such as medical ect. The the western countries should adopt the very same policy and throw Thais in their jails too. They can stay there and rot, until the Thai government is ready to pony up the money to pay for their deportatin back to Thailand.

I think most of us are well aware that that someone has thought of another way to wring money from some foreigners! I really don't or would not put anything

past them.

All these theories that its about screwing the farangs, its simple don't break the law and you won't have a problem.

I just can't get over the responses what planet are you people from.

Do you all have such an inflated view of yourselves that you think you are above the law.

[Mario2008]

1 post deleted with no text, only quote.

1 post deleted as off-topic. This is not about the spelling by immigration.

[sawati]

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.

I am surprised, having had experience of this when a client of ours had an injury to a leg, which required some extra days being needed to stay before leaving. The hospital had filed out some paperwork, which was taken to the local immigration office - the officer said that the wording on the medical certificate needed to be changed before he could issue a free extension, so it went back was changed and an extension was granted. I think in the end though if you rock up at Swampy, you are just in the hands of the individual and how he is feeling that day. I have normally found Immigration in Bangkok and Kanchanaburi where I have lived to be more than helpful when sorting visa matters out - the airport lot, just look like a miserable bunch of BIB.

That is correct.In Immigration Chaeng Watana there is an oficce for the people that overstay due to hospitalitation.In there they fix you up with one extension and you arrive to the airport all legal.

[waders123]

I believe any country should may it very clear when you are expected to report to the immigration office with the type of visa you are traveling with. You can get so many different stories from Thai officials. Thailand websites for embassies have different information and are misleading at best. I obtained a 6 month visa and was told that I only had to report every 90 days by the embassy staff with this type of visa. I had always reported in at 2 months on my earlier visas but they were one year visas and this was the first time I received a 6 months visa so I asked twice, when getting the 6 month visa, was the immigration reporting, (60 days), the same as the 1 year and they told me no I didn't have to report until 90 days with a 6 month visa.

I left Thailand just before the 90 day period and at the airport they would not accept my explanation. I paid for being overstay and was given a police report. I am very careful with reporting and have never had this problem before so I was shocked when I was taken aside and demanded money and given a police report.

My point is this: Clean up the rules to where there is no question to what you should or shouldn't do as far as the time limit on the visas. I am for punishing people who want to deliberately violate a countries rules on visas but make it black and white on the information; don't have different rules for different immigration offices/embassies.

[clonetom]

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.

I really don't understand the hype about the subject when this is the "best" and "only" source of information.

If true, it amends to current laws and I see no reason why not to quote the source. Unless of course this is another Thai Visa (and newly combined Pattaya One) marketing run.

Back to enjoying my life... mainly because that is what I am here for

[beechguy]

Korea has allowed for 5 year multiple entry visa for more than 20 years now. Compare their economic progress to Thailands. Enough said.

Yes, but what about the requirements to qualify? Anyway, the topic is about overstaying your permission to to stay, Korea also fines people who overstay, and would probably consider arrest at some point.

[Cnxforever]

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

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.

Absolutely right - " I am not in the mood to let you go - but 10.000 or so under my table here and now could easily change my mood" - clever move by the immigration.

A journalist friend of mine ones said to me "A country as corrupt as Thailand should have as little laws as possible - law enforcement has no intention to uphold the law but trying to extort as much money as possible from you by using the law to threaten you without intending to enforce it if you are able to pay your way out!"

This abolutly defies the purpose of laws, rules and regulations.

[jucel]

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

how do u leave thailand without passing immigration??

[hawker9000]

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

[farang101]

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!

It sounds like some people do not realize that most people who break the so called victimless crimes, like in Places like New York, who were arrested say for sneaking into the subways, were actually people who did the more so called horrible crimes and lowered the crime rates in the city, when the Police cracked down.

People who tend to flaunt the law, tend to do other crimes as well. This is a start, anything is better than doing nothing. In my opinion and if you check the cities in the world that cracked down on these types of crimes look at the crime stats.I came here four years ago, knowing I could get a retirement visa and on my pension could afford to buy and live here and every day I hope and pray that it becomes a safer and better place to live. I have no regrets and am optimistic. Cheers

[meaowma]

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.

if you overstay then you have broken the law......... Did you hear about corruption?Some people get a good pay rise when you overstay.Money is the key here.

[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.

Your assumption that all "over 1 week" overstayers who do not have a medical emergency have a disregard for the rules clearly makes no account for those of us who rarely leave because we're working and lose track of the dates. Those among us who need to keep a constant vigil on the expiry date of their visa will be largely unaffected in any case. But please remeber that some of us do work and we are busy and we don't leave very often so checking the dates in the passport is something that is easily overlooked. I think the new regulation of "over 21 days" is about right.

You are making an assumption that I don't work, which is clearly wrong. I have lived and worked here for the past 5 years - I have always been aware of when my Visa renewals are required. I guess if you are working illegally then it may be a little easier to lose track of time. I don't think being "busy" is an excuse for not complying with visa regulations. Maybe it is in your country?

Edited September 24, 2010 by mrtoad

[Amras]

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

The figures are a bit hmm exaggerated. From the Department of Immigration Website.

Fact Sheet 86 – Overstayers and Other Unlawful Non-citizens

Who are overstayers?

"......In the 2007-08 financial year, it was estimated that around 14 000 people overstayed their visa. This compares with around 4.5 million temporary entrants over the same period or an overstayer rate of less than half a per cent. People who become overstayers arrive in Australia on a variety of temporary visas, but mainly visitor visas including electronic travel authorities.

Many people who are recorded as overstayers are simply extending their stay in Australia by a few days or weeks, and leave of their own accord within a short period. Others overstay for a longer period, for example out of a desire to live and work in Australia.

....An estimate of the number of overstayers in the Australian community is calculated every six months. Since June 2004, this estimate has remained below 50 000 against a total Australian population of around 21 million."

You can't possible be trying to tell me their official figures/calculations are so wrong that they still calculate them at around 50,00 compared to your posted 750,000.

[meaowma]

Too many people here are noting or commenting or even complaining about "tea money" or corruption. So do something about it like stopping the overstaying and cutting off the sources of this corruption. It is the farang who overstays and not the systenm that feeds this corruption.

[teatree]

Wouldn't it be in the interests of Thailand to enable people to extend their stay without having to leave the country? Simply turn up at immigration, pay a fee, get a new visa stamp and then return on the relevant date to do it again. Why waste peoples time by making them fly back to the UK or where ever, all the time spending money that could be kept in Thailand.

It just seems so absurd to require people to leave to country just in order to stay.

[FarangCravings]

SO lock em up for a few days make them miss there flight which they have probably struggled to get the money together to pay for it sounds like a stupid rule to me they will be left with people with no additional means to get out of the country

I know one overstayer and he is so broke he struggles ot find food to eat if he ever got the flight and 20,000 together and then was stopped at the airport and locked up well that would be it he would have no other means to pay for another ticket

[atyclb]

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!

If you are genuinly in hospital you won't have a problem as the hospital will inform immigration.

What is "normal overstaying?" Is that like "normal burglary" or any other "normal" crime?

Thats not actually true.. It 'should be' but routinely immigration simply dont care about hospital letters and declarations that you are an inpatient.. Seen it myself.

I have an education visa. 90 days was up on a monday however monday is one of my assigned study days. Immigration is closed sat/sun. I went on tuesday, one day after with a letter from school. They did not care.

In addition, at the end of my all day adventure at chaeng wattana upon receiving my passport I found my change was not given to me. Change was 100 baht; 1900 visa extend + 500 overstay =2400, paid with 2500. The lady that gave me my passport did walk away rather fast.

Very very disheartening to experience this lack of integrity and blatant attempt hoping I would not notice and walk away, after which time it would be too late to say anything. Just for 100 baht makes me not hold these people with much esteem.

Would it not be better to simply charge in advance for 4 extensions on an ED visa instead of giving them more work and causing people that are supposed to be at school to lose an entire day.

I consider myself objective and open minded but my perception of much of the immigration dept rules are designed for self enrichment.

[Lumumba]

I believe most TV members believe a different rule is OK for Thailand while most of their home countries have a different set and yet they will whine about every other thing.

Why dont we stone overstayers and solve global warming all in a swing.

[jucel]

it seems like the best thing to do is not go through swampy and risk losing your flight. i have extenuating circumstances being a single dad with a young baby/dog etc, but i don't want to have problems with my baby at the airport too! what would happen to a child if u were thrown in jail for a few days??

[mrtoad]

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

how do u leave thailand without passing immigration??

Maybe he is able to teleport himself.

[Mario2008]

Wouldn't it be in the interests of Thailand to enable people to extend their stay without having to leave the country? Simply turn up at immigration, pay a fee, get a new visa stamp and then return on the relevant date to do it again. Why waste peoples time by making them fly back to the UK or where ever, all the time spending money that could be kept in Thailand.

It just seems so absurd to require people to leave to country just in order to stay.

You can, it is called an extension of stay.

[romano]

Bottomline is that the whole visa system is absurdly complicated in Thailand, and for a reason; how more compicated, how more people will do something wrong, how more (tea)money can be made.Just compare to the Philippines: you can stay there your entire life WITHOUT leaving the country, just go every 2 months to immigration. pay a fee, and you get your 2 months stamp.Or take a resident visa and no need to go to Immigration any more.Simple, no misunderstanding possible, and they make lot of money with the visa fees.Aside from that, in Thailand the average social/knowledge/language skills of the employees of any immigration office is blatantly low, add to this the complexity of ever changing( and mostly inconsistent and illogic) immigration laws and you get a perfect cocktail to discourage people from visiting the country for longer than 30 days.

Wouldn't it be in the interests of Thailand to enable people to extend their stay without having to leave the country? Simply turn up at immigration, pay a fee, get a new visa stamp and then return on the relevant date to do it again. Why waste peoples time by making them fly back to the UK or where ever, all the time spending money that could be kept in Thailand.

It just seems so absurd to require people to leave to country just in order to stay.

[TheBarbarian]

In that case no need to bring money with you. A judge will simply put a red stamp in your passport and let you go after a day. That is the way things go for many many years. If it is up to an immigration officer if someone is put behind bars it underscores the fact that Thailand is a lawless country and at least in Laos and Cambodia they have up to standard communications.

[computerpsychologist]

Section 81 uses a conjunction "OR", does this mean that it still depends to the Immigration officers if they'd fine you a Bt20,000, or imprison you, or both... OR THEY COULD ASK FOR MORE IF YOU DON'T WANT TO GET IMPRISONED?? The new law, as usual, is not concrete.

It's really very sad that they always implement new rules that are vague and keep on changing. If they think this is a grave violation, they should use the conjunction "AND" instead.. which should be "a fine of 20,000 baht AND imprisonment". I think this would be more clear to us..