Overstay - Did You Go To Jail?

[wayned]

There have been many posts on this forum about overstay. Most of the posts indicate that they went to Swampy, filled out some paperwork, paid the appropriate overstay fine and were on their way no matter how long their overstay was, be it 1 day or over a year. I can only find one reference to anybody going to jail for overstay and that was someone in Samui that spent 2 nights in jail and paid a 6000 baht fine. I can not find the detailed post so I don’t have any more details. I can fully understand how this could happen in Samui.

Swampy is a large international airport with many flights a day. You go to immigration, admit that you are illegally in Thailand on overstay, pay the fine and pass through immigration. Immediately you are no longer in Thailand and if you miss the flight you are the airline’s problem and most likely will be allowed to re-enter on a visa exempt entry.

Samui is a very small airport with 1 or 2 international flights a day, and the flights to each destination are every other day. I don’t even know if they have the ability to collect overstay fines at the airport at time of departure. If they do not or you miss your flight, it’s off to immigration in Nathon, but the next flight out to your destination is in two days time. What do they do with the “criminal” who has now admitted to the police that he has committed a crime. Release him so he can overstay again or lock him up until the next available flight? Hello, jail. And once you’re in jail you probably have to go before a magistrate to be released.

Are there any reports from anybody that ACTUALLY was arrested and put in jail for overstaying? If so, please post the details here. Where, when, and the circumstances involved. I’m not condoning overstay, I just want to hear from someone that actually did go to jail. I think that everybody should be proactive and deal with any potential situations before they happen.

If the only people that post a reply to this thread are those that actually spent time in jail, I do not think that there will be many replies.

[lopburi3]

I suspect most will not be reading this forum to reply. Many have spent short periods in jail (but most have not been at airport departure). But for a period in 2010 anyone with more than 3 months overstay was being sent back from Bangkok Airport for detention until full police background check could be made (normally only a day or two). Thankfully that did not last long and airport returned to collecting fine and allowing immediate departure.

For those with overstay Bangkok Airport is by far the best choice for departure; with the least chance of problems.

[beano2274]

A friend of mine was on a years overstay but without a passport as well, he did time at the jail in Pathumthani, awaiting funds from the UK for his ticket home. The Embassy (British) were very helpful.

He was informed by the Embassy to hand himself in to the Police at IDC, he got some dutch courage and actually went to Lumpini Police station, then was sent to the IDC, where the Embassy staff assisted him, I do not know why he was sent to Pathumthani and did not stay at IDC.

[lopburi3]

If arrested by normal police you will stay in a local jail pending court appearance before a judge for sentence.

[beano2274]

If arrested by normal police you will stay in a local jail pending court appearance before a judge for sentence.

With my friend I think Lumpini did not want anything to do with him and just told him to go to the IDC.

[joe84330]

samui airport immigration does collect overstay, ftr. i have a friend that paid probably 6 months worth of overstay (20k plus 500thb tip) before his flight to malaysia.