Can You Get Kicked Out Of/refused Entry

[Neeranam]

I heard from a mate who was 8 years overstay that, under the new constitution, he cannot be refused a visa to Thailand because his son is a Thai citizen and this would be violating(his son's) rights. But he could be refused if he had commited a serious crime, which overstay is not included in. He's out of Thailand now and doesn't want to come back, but I'm interested to know if he could if he wanted.

Can anyone confirm this?

Edited October 30, 2005 by Neeranam

[Neeranam]

Anyone?

[sbk]

Not a clue but I do know a guy who overstayed 5 years and came back with no problem.

But then, I think he knows someone

[Seen all,learnt nothing]

I can confirm your friend is misinformed.

[astral]

I do not know the constitutional side, but

I can confirm that you can be kicked out if you do not meet the requirements,

even if you have Thai dependants.

[dr_Pat_Pong]

I do not know the constitutional side, but

I can confirm that you can be kicked out if you do not meet the requirements,

even if you have Thai dependants.

<{POST_SNAPBACK}>

That is how it is.

[monty]

You can get refused entry for any reason, "up to the immigration official" the law states.

But it seems unlikely that entry will be refused on the basis of having had overstay.

As long as he gets himself a proper visa (tourist or non-o) from a Thai Embassy / consulate in his home country, the chances are small to get refused!

He paid his fines (I assume, since he is out of Thailand at the moment) so his slate is supposedly clean.

They don't differentiate between 2 days, 1 month or 5 years overstay.

[Seen all,learnt nothing]

But it seems unlikely that entry will be refused on the basis of having had overstay.

As long as he gets himself a proper visa (tourist or non-o) from a Thai Embassy / consulate in his home country, the chances are small to get refused!

He paid his fines (I assume, since he is out of Thailand at the moment) so his slate is supposedly clean.

They don't differentiate between 2 days, 1 month or 5 years overstay.

<{POST_SNAPBACK}>

If he's daft enough to use the passport he had when he exited Thailand, which I assume imm. endorsed, you can guarantee he'll be refused. New passport - no prob, I'd say.

On what do you base your assertion they don't differentiate between 2days and 5years?

[monty]

Because I personally know of several people with overstays of multiple years who just came back without any questions at all.

Some of then got arrested, locked up, brought before a judge and sentenced to a fine. Others managed to stay unarrested, showed up at the airport and paid their fine there and then.

In both cases the fine was the maximum 20.000 Baht, with added court costs in the case of the guy who got arrested!

Both of them obviously came back on new passports.

If you apply for a new visa, with a new passport and get this visa approved, there is not much reason to suspect you are going to get refused entry.

You would indeed have to be daft to show up with your stamped passport and hope to get your 30 days on arrival stamp!

Please note that ALL these guys were already extremely daft (=stupid) to get into that overstay situation in the first place!!!!

[Axel]

There are kots of threads in TV on overstay.

Seems immigration does not care once the fine has been paid.

You get a remark in the p/port, but can come back.

Correct, max. Baht 20K.

[gee-gee]

Law may have changed recently but there seems to be three counts (convicted of breaking the law) for farang, on the third one you get kicked out of Thailand permanently.

But if you are in Thailand and have a dependant and Thai mother is willing to confirm this to justice system then you can indeed stay in Thailand - I know one farang who was done for beating up a Tuk-Tuk driver, very nearly killing a Thai girl and beating up a Thai business partner - fined for the first and jailed for the second two - And he could only stay if the mother of his child confirmed that she was depandant on him.

Don't know if they count the overstays in the same way but suspect they would if it went to jail/court each time rather than justing payng the fine.

[RIZLA+]

Should not have a problem....

[johnnyk]

- I know one farang who was done for beating up a Tuk-Tuk driver, very nearly killing a Thai girl and beating up a Thai business partner - fined for the first and jailed for the second two -

<{POST_SNAPBACK}>

I bet he got a long stay visa in the Baan Ling Hotel.

IMO, the bottom line is if they want to kick a falang out they will do it no matter what.

Edited November 6, 2005 by johnnyk

[dr_Pat_Pong]

There are kots of threads in TV on overstay.

Seems immigration does not care once the fine has been paid.

You get a remark in the p/port, but can come back. 

Correct, max. Baht 20K.

<{POST_SNAPBACK}>

I agree with you Axel. Pay your fine and all is well.

[Seen all,learnt nothing]

Because I personally know of several people with overstays of multiple years who just came back without any questions at all.

Some of then got arrested, locked up, brought before a judge and sentenced to a fine. Others managed to stay unarrested, showed up at the airport and paid their fine there and then.

In both cases the fine was the maximum 20.000 Baht, with added court costs in the case of the guy who got arrested!

Both of them obviously came back on new passports.

<{POST_SNAPBACK}>

Are you exaggerating to make a point Monty. Exactly how many people do you know?

But gee-gee's story is risible.

Dr Pat makes the point that imm. don't care once a fine is paid (for once I don't know if his remark is made tongue in cheek). But OP asks about obtaining a visa which is MFA responsibility. They do care. I stick to what I say - not a chance if consul knows he has overstay. My opinion, yes. But these past 2 years there have been numerous statements and press reports about the governments determination to eal effectively with illegals. And all power to their elbow.

[dr_Pat_Pong]

Tongue not in cheek. FACT unless they want rid of an overstayer and use the overstay as an excuse.

[Neeranam]

Interesting post gee-gee. I've never heard about the 3 crimes thing.

IMO, the bottom line is if they want to kick a falang out they will do it no matter what.

That is what my original question was all about.

I heard they can't kick you out. Some posters here say they can.

I heard that it would be violating the rights of the Thai citizen(my friend's son) under the new constitution, if his father were refused entry to Thailand, unless he committed a major felony.

Thanks for the replies, but none the wiser really.

If you commit a crime in Thailand, such as overstay and get taken to jail or court and fined, they can kick you out, but can they refuse you entry again, and by doing so abusing the right of your Thai citizen offspring???

Edited November 7, 2005 by Neeranam

[HarryHacker]

I can also confirm that there is no problem after the overstay fine has been paid. I personally know one chap who had 3 overstay stamps in his passport, one was for over a year! He was then offered a job and needed a Non B for his WP. He went to the embassy in Manila with all the correct paperwork from the company offering the job, got the Visa, returned with zero problems!

He did however, get a new passport back in BKK before applying for the WP, easy to get the Visa transferred to his new passport.

He realised his earlier actions of overstaying were foolish and is now playing everything by the book!

Edit, apologies for not answering the OPs question!

Edited November 7, 2005 by HarryHacker

[samran]

http://www.parliament.go.th/files/library/b05-b.htm

the link to the constitution in English.

I doubt you will find anything in there making it 'illegal' to kick out a foreigner though.

[Nordlys]

If you commit a crime in Thailand, such as overstay and get taken to jail or court and fined, they can kick you out, but can they refuse you entry again, and by doing so abusing the right of your Thai citizen offspring???

<{POST_SNAPBACK}>

I know a case of a Japanese man who lived in Chiang Mai in early 70's with eleven Thai girls from age 13 to 20 deported from Thailand for "offending public order and morals", despite some of those underaged girls depended their living on this man and longed to be with him. His deportation was permanent, but heard Thai government lifted it in 1988. He regularly wired money to these girls from Japan while barred from entry and being black-listed as persona non grata. He was detained and deported again by immigration in 2001 while attempting to enter Thailand at Poi Pet with a new passport (with new name, although after his ban was lifted) for whatever the immigration control rule he violated.

Edit: His deporation order was never lifted. He was detained at Poi Pet for attempting to enter Thailand with a new name. Although some Japanese media reported it as a case of polygamy, I'm not sure if he was ever legally married with any of these girls in Chaing Mai. He is now reported to be living in Seam Reap "looking after" some 41 Cambodian girls.

Edited November 8, 2005 by Nordlys