Phuket Immigration: No Change In Visa Overstay Rules

[webfact]

Phuket Immigration: No change in visa overstay rules

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

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

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

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

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

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

Under the Act, “any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both.”

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

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

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

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

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

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

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

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

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

-- Phuket Gazette 2010-09-24

[gotlost]

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

Another prim example of the left hand not knowing what the right hand is doing. Misunderstanding!

[Mario2008]

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

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

Under the Act, “any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both.”

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

The problem with this statement is that the statement is true, but doesn't address the issue. There is no change of the immigration law, the change is a change in policy and that policy is stricter but still in line with the immigration law.

[John_Betong]

Under the Act, “any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both.”

No change, it has always been an option to apply both penalties.

[Sabre]

Under the Act, "any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both."

No change, it has always been an option to apply both penalties.

Agreed. There it is folks.

Much ado about nothing.

[Deeral]

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

Another prim example of the left hand not knowing what the right hand is doing. Misunderstanding!

It's spread by Thaivisa!

[bangkokrick]

So we have two threads saying that there is a change and one saying that there is not. Which is true???

Cheers, Rick

[Jimi007]

Okay. So the law hasn't changed. Is the enforcement going to be changed or not? Jail or not, that is the question that was raised, but not really answered....

[zaxusa]

Just goes to show, every immigration office is not the same. Depends on day of the week, mood of officer, and the respect of person applying for visa, overstay, ect..

Always be polite dress nice, and never raise your voice..

[talient]

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

1979 was a leap year?

[h5kaf]

Under the Act, "any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both."

No change, it has always been an option to apply both penalties.

Agreed. There it is folks.

Much ado about nothing.

Agree. Seems simple to me - DON'T OVERSTAY.

[philw]

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

Another prim example of the left hand not knowing what the right hand is doing. Misunderstanding!

Not quite, more likely a good way to increase forum hits.........

[personchester]

Under the Act, "any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both."

No change, it has always been an option to apply both penalties.

Agreed. There it is folks.

Much ado about nothing.

Yes, you are right.

Moreover, the new posting seems to indicate that the harsh (imprisonment) law for "over-stayers" actually existed for a considerable time, but had never been implemented, this seems to indicate that Thailand's immigration officers are well aware of the negative aspects this would result into in respect of Thailand's legal image when dealing with foreign visitors.

The immigration officer doesn't understand why such a proposed change was published in the first place, as they had no intention to carry out the imprisonment law, and will just continue applying the financial fine penalties as before.

This must, no doubt be very disappointing for those fellows on this forum here, who in their replies not only accepted the imprisonment law, but rather supported and welcomed it, I am sorry chaps.

[Maestro]

So we have two threads saying that there is a change and one saying that there is not. Which is true???

Cheers, Rick

Both reports are true. The man in Phuket says there is no change in the immigration law. This is true. The immigration department in Bangkok has outlined a new police of getting long overstayers detained and sent before a judge. This is within the law and therefore the immigration department has the right to issue such guidelines to the Suvarnabhumi immigration checkpoint.

In other words, the man in Phuket is denying something ("the immigration law has not been changed") which the man in Bangkok did not say. It is like somebody saying "I'll have dinner at the Somchai Restaurant tonight" and somebody else says "the Somchai Restaurant is not closed today"

[Pib]

Possibly news reporting gone wild....poor/confused communications. Wonder if any overstay enforcement changes are actually being seriously considered....has any formal direction in writing been sent out by high-level immigration officials to immigration offices country-wide. Nothing like stirring up a hornet's nest.

[JetsetBkk]

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

1979 was a leap year?

Well spotted!

[IAMSOBAD]

First rule of corruption is to deny!

Second rule is to play dumb!

Third rule be promoted to the top!

[sharecropper]

What is going on here. Apart from the April Fools joke, the following topic is running at the same time as this Phuket Gazette one, attributed also to the Phuket Gazette!

I'm too confused. Is the summary of this story "there has been no change in immigration policy"? If so why are there three massive Thai Visa threads running about it, two higlighting the seriousness of the new enforcement of the current rules, and one trying to suggest there's no story here.

Help.

[bangkokrick]

So we have two threads saying that there is a change and one saying that there is not. Which is true???

Cheers, Rick

Both reports are true. The man in Phuket says there is no change in the immigration law. This is true. The immigration department in Bangkok has outlined a new police of getting long overstayers detained and sent before a judge. This is within the law and therefore the immigration department has the right to issue such guidelines to the Suvarnabhumi immigration checkpoint.

In other words, the man in Phuket is denying something ("the immigration law has not been changed") which the man in Bangkok did not say. It is like somebody saying "I'll have dinner at the Somchai Restaurant tonight" and somebody else says "the Somchai Restaurant is not closed today"

Thanks for the clarification. I personally don't over stay but it's good to know the rules.

Cheers, Rick

[moskito]

sounds like the left hand is not knowing what the right hand is doing.....OR....when you will learn that Phuket is something special :jap:

[Frankythai]

Any overstay in any coutry in the world is not a thing to do so also not in Thailand.

He or she who has an overstay should ascept the fines pr anthing the country applies to overstay

It is not the countr who is wrong here it is the person who overstayed.

There is NO excuse dor the one who brakes the contry law.

And lets be fare, is a max. fine of 20,000n baht so much?????????????????

I know countrys in Europe who will charge you more than double

[moskito]

CONFUSED??? Sounds to me like PHUKET GAZETTE just copied the story from TV Forum or from that was the first thread opened here today.

A little bit more research BEFORE confusing the whole community should solve the problem :jap:

[EarthAlien]

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

Another prim example of the left hand not knowing what the right hand is doing. Misunderstanding!

It's spread by Thaivisa!

Yes,.. I tend to concur with this,.. Thaivisa and Pattaya1,... anything to stir up readership!

[Beetlejuice]

So you mean to say that, I have thrown my girlfriend out in the street, burnt down my house and swallowed two packets of Paracetamol for nothing?

If I survive, I'm suing.

Edited September 24, 2010 by Beetlejuice

[damian7000]

The immigration officer doesn't understand why such a proposed change was published in the first place, as they had no intention to carry out the imprisonment law, and will just continue applying the financial fine penalties as before.

This must, no doubt be very disappointing for those fellows on this forum here, who in their replies not only accepted the imprisonment law, but rather supported and welcomed it, I am sorry chaps.

.

[tombkk]

So you mean to say that, I have thrown my girlfriend out in the street, burnt down my house and swallowed two packets of Paracetamol for nothing?

If I survive, I'm suing.

:lol:

[LivinginKata]

CONFUSED??? Sounds to me like PHUKET GAZETTE just copied the story from TV Forum or from that was the first thread opened here today.

A little bit more research BEFORE confusing the whole community should solve the problem :jap:

Pattaya One update ...

[asiawatcher]

Thank you - exactly the point I made yesterday before the topic was closed. Some idiot stringer trying for some sensationalistic rubbish to get a pay day!

[DickFarang]

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

1979 was a leap year?

If I remember well, 1979 also was the year when Easter and Pentecost fell on the same day.

[DickFarang]

Any overstay in any coutry in the world is not a thing to do so also not in Thailand.

He or she who has an overstay should ascept the fines pr anthing the country applies to overstay

It is not the countr who is wrong here it is the person who overstayed.

There is NO excuse dor the one who brakes the contry law.

And lets be fare, is a max. fine of 20,000n baht so much?????????????????

I know countrys in Europe who will charge you more than double

Not true, in Europe illegal people are “legalised”.