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Consequence Of Overstay ?


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Being set up to a overstay for only two days due to difficulties in finding a ticket I wonder if paying the overstay at the airport will have any consequence down the road for me and others in the same situation as regulation and imigration law is now. Has anyone out there ever heard of an overstay register or any of its like ???

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You won't have any problems, I did one a couple of weeks ago for four days. The fine is 500 Baht per day. I went to Cambodia for a couple of days then came back to Bangkok.

No problems at all, it cost me 2000 Baht though for my four days overstay.

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You won't have any problems, I did one a couple of weeks ago for four days. The fine is 500 Baht per day. I went to Cambodia for a couple of days then came back to Bangkok.

No problems at all, it cost me 2000 Baht though for my four days overstay.

Thank you, I don't need any further problems as I want to return to Thailand in the near future.

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I have Just been on the Phone to the UKBA because my Girlfriend will have overstayed in the uk by 1 day with a overall stay of 181 days. My GF flys out of the UK on her expiry day which is the 20th Aug.

I was told that they don't count the days but must leave the UK on the expiry date and that she will be OK!!!! I was very worried for a few minutes and thought that i would have to change her return date to the 19th Aug!!!!!

Malc

Edited by malct
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Over the years i have had many many overstays for various reasons, as said so long as you have the money to pay the fine no problem.

There have been threads on here about people with overstays into years......

JH

Edited by metisdead
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i met a reprobate who overstayed 550 odd days.

at the airport the officials even laughed and told him he was th "Overstay King"

he paid his 20k, and asked when he would be allowed to return.

the response: "Now you've paid.. come back next week - no problem"

I may be wrong but i'm sure there was a story on here about some guy with a 25 YEAR overstay!!!

JH

Edited by metisdead
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I may be wrong but i'm sure there was a story on here about some guy with a 25 YEAR overstay!!!

JH

I seem to recall that as well, and the guy was openly flaunting it on his web-site. blink.gif

..............................

All that aside, I would suggest that one would want to be careful about overstaying on purpose. The immigration police at the airport may treat it as trivially as a speeding ticket and have you just pay the fine, however, I would imagine it is actually breaking a law, and getting caught on overstay outside the airport could possibly end you up in the detention center walking in single file with a hundred others all shackled to each other.

I have seen that, albeit without any western faces.

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i met a reprobate who overstayed 550 odd days.

at the airport the officials even laughed and told him he was th "Overstay King"

he paid his 20k, and asked when he would be allowed to return.

the response: "Now you've paid.. come back next week - no problem"

I may be wrong but i'm sure there was a story on here about some guy with a 25 YEAR overstay!!!

JH

yup... probably got the same deal too

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just dont get caught before you get to a border or airport, other wise as stated 500 per day used to be allowed 24 hour grace. get caught before border and can be bad. guy i know in samui has no passport or visa for 7 years. prity dumb thing to do that.

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One day overstay is not charged at airport exit but 2 days should be (both days charged). Except during periods of crackdown (they were returning overstays to IDC for a day or more last year for police check prior to allowing exit) it is normally treated lightly by Immigration but it is an arrest reason if found and you will go to court and have a record/fine to pay. Again often light compared to travelers home country rules but something that will be on file and could come back to bite at some point. Much better to avoid violation of laws.

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  • 1 month later...

Ref overstays, it may help someone to know that I departed from Suvanabhumi on Wednesday last with a 7hour overstay on top of my 30 day tourist visa. Immigration were perfectly gracious and I was taken to a back desk where my passport was stamped twice, firstly the standard triangular stamp saying departed and secondly a square ish 5 line stamp saying overstayed 24. At least I think so, because it's in Thai and I can't read it. If anyone is interested I will happily PM them a photo of it.

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I remember that 25 year overstay story, just went looking for it and couldn't find the right one. But I'm sure it was a case of he was about to leave and was pretty concerned about it. Was there updates after he left because I don't remember it.

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OVERSTAY ENFORCEMENT - UPDATE SEPTEMBER, 2011

2-1/2 Year Overstay ... My Story

______________________________________________

I've overstayed a number of times over the last decade, paying my fines, exiting through Immigration without incident, and returning with no complications ... ever. My passport features three Thai exit stamps noting that I was fined the maximum THB 20,000, which means I overstayed 40 days+ (none cite the number of days of overstay).

I departed Thailand in the last week of August 2011, with a 2-1/2 year overstay behind me.

RUMORS ALARMED ME

Amongst much alarm by several friends here alleging tighter enforcement by Immigration for visa violations, and horror stories, I became concerned. One even tried to convince me to 'swim the river' into Cambodia, appeal at the Embassy in Phnom Penh for a lost passport, return home via Cambodia, and prepare to be blacklisted from returning to Thailand for at least years.

A bit upset by all of this, I decided to do some preemptive work before departing.

The online forums are the best source of first person information. This being Thailand, and my insulated friends being less-connected to real world Thailand than I expected, I was getting lots of rumors, but no first hand intel.

Nothing I mined from the forums caused me alarm, and comforted me that my friends, though good-intentioned, were simply naieve and a lot less worldly than they imagined themselves.

LEGAL OPINIONS - GENERAL:

Still, for me the cost of a failure is high, so I sought opinions from 3 lawyers (two local Thai and one international; all with immigration experience).

The opinions of all three were consistent ... VOLUNTARILY appear before Immigration, pay your fine at your point of departure, sign an admission of guilt, fly out of here, return as you wish, no problem.

Do this at the airport with ticket and fine in hand, prepared to depart. If you go to the Immigration Department, the same processing is expected, except that Immigration might then be compelled to escort you to the airport for immediate departure ... an unnecessary complication with which they do not want to deal, which could put you in a temporary holding cell until they can organize it.

But ... BUT ... do NOT get caught on the street with an expired visa. The consequences at the street level can be painful if not promptly acted upon. E.G. pay the bribe, whatever it is, at the station level (or, even on the street if possible), before the local police contact Immigration. Once Immigration is involved, the process is largely unalterable ... transfer into the hands of Immigration Police, incarceration until you can be adjudicated guilty of overstay, pay the fine (a couple of thousand THB only) and deported.

This means at best several days in an Immigration detention cell. Though I am sure Immigration detention is less threatening than a common Thai prison, it is probably no Aman Puri.

They all report that the fine assessed at the airport is administrative and there is no negotiating by either party ... just do the math.

They also report that by acknowleging guilt (this is considered a minor offense) and paying the fine, further action (such as blacklisting) is unwarranted. And, they report that blacklisting is not within the power of the Immigration officials at the airport, and is reserved for far more serious offences.

In this situation, if there was an easy mark for an attorney, it would have been me. Yet, two of the three attorneys said that their legal help was unneeded. One of the three only half-heartedly offered to go with me to the airport just in case.

LEGAL OPINION - AVOIDING ARREST

One law firm in particular has a very robust immigration practice, and emphasized that avoiding arrest for overstay is essential.

He explained that most of his overstay visa violation clients are arrested late at night on the streets around entertainment districts, and at the bus stations. Some are reported by friends and associates with whom they get crossed. They are typically arrested by local police, passed up to the local police station, and then turned over to Immigration Police.

MY EXPERIENCE:

With THB 20,000 in a red envelope (traditionally used for gift giving) in my pocket, I was escorted from the Immigration kiosk at Suvarnabhumi Airport to a processing desk behind the Immigration kiosks. Everything is conducted in the open, probably under surveillance cameras so that there are no misunderstandings in the accounting of all that money being exchanged.

Immigration officials promptly and efficiently delivered up the paper work for me to sign (an admission of guilt, and a fine receipt), exactly as described by the lawyers with whom I consulted. I handed over the red envelope. They stamped my exit visa, noting in the passport that I was subject to a THB 20,000 fine (again, without noting the length of the violation).

The two officers there, both very friendly and at ease, smiled and joked with me about my fine as they dutifully went about their business. One said, "Mai pen rai, mai pen rai" (no problem), as long as you have money, no problem, you stay as long as you want. We like the money."

All in ... 4-5 minutes. (I would, however, allow more time in case Immigration is under a heavy load).

Wearing a suit, I travel business class, which entitled me to 'VIP Fast Track Immigration privileges. I believe this had no bearing on the Immigration officer's view of me as a 'desireable' overstay violator to be forgiven, or an 'undesireable' overstay violator to be handled less favorably.

I report this from the comfort of my home in Thailand, where I returned yesterday, admitted by Immigration without incident, or prejudice.

Edited by swillowbee
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OVERSTAY ENFORCEMENT - UPDATE SEPTEMBER, 2011

2-1/2 Year Overstay ... My Story

______________________________________________

I've overstayed a number of times over the last decade, paying my fines, exiting through Immigration without incident, and returning with no complications ... ever. My passport features three Thai exit stamps noting that I was fined the maximum THB 20,000, which means I overstayed 40 days+ (none cite the number of days of overstay).

I departed Thailand in the last week of August 2011, with a 2-1/2 year overstay behind me.

RUMORS ALARMED ME

Amongst much alarm by several friends here alleging tighter enforcement by Immigration for visa violations, and horror stories, I became concerned. ............

I report this from the comfort of my home in Thailand, where I returned yesterday, admitted by Immigration without incident, or prejudice.

Interesting story. Just goes to show when you take action and do your best, things usually work out.

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