New Deportation Condition Changes!

[Badbanker]

Recently there has been a change in deportation policy, to strictly enforce all deportees be returned to their country of origin.

It is tipped that this came about, because a British national whose Thai visa was cancelled at the request of HM Prison Service, and was being returned to prison in the UK, jumped ship at a transit stop and returned to Cambodia. His action has really hurt a lot of people!

Shortly after this event, all people who are deported have had their passports handed by immigration to the Captain of the aircraft, who gives you and the passport to law enforcement officials at any transit stops, who ensure the passport and passenger is given to the captain of the ongoing aircraft, who then hands you and your passport to the Immigration authorities in the deportee's country of origin.

As can be imagined, many countries of origin do not take kindly to this sort of thing happening and detain deportees further so they can establish the nature of the offense of the deportee. Many Middle Eastern and African countries further detain people in these circumstances for 1-5 days and often money must be paid to get you out.

Previously the return to country of origin was winked at and it was possible to be deported to a country for which the deportee had no right of refusal. British nationals to Hong Kong for instance! That has now seriously changed.

This is the first major change I have seen in the deportation system for some years. Immigration is starting to look at other ways to discourage people from overstaying their visas that, aside from potential involvement in illicit activity, are a burden on Thai society at large.

Don't abuse the privilege we have in this country and overstay! Get legal soon people, because Blacklisting is also being discussed!

Edited March 18, 2012 by Badbanker

[TerryLH]

What is your source for this info?

This will get the attention of the casual overstayer.

Terry

[Badbanker]

Most people on this forum know I work in and around the IDC almost every week and assist people get deported and go home in an organised manner.

Last week I did 5 deportations and suddenly realised that I had not made a note of this change of policy to people on Thai Visa.

If you wish to voluntarily leave by paying the 20 k at the airport and flying out to get a new visa in an adjacent country, you may still do that.

Previously It could be arranged for British nationals to be deported to a place for which you have no right of entry refusal as in Hong Kong.

That has now changed! If you are arrested or voluntarily surrender to immigration even after 5 days overstay expect to be deported to your country of origin.

Just thinking about it I realised that I had not told the forum about this change in policy.

Edited March 18, 2012 by Badbanker

[Badbanker]

I have seen people who are Spanish but Swiss residents be deported to Spain even tho they have no family or home to go to.

Edited March 18, 2012 by Badbanker

[lopburi3]

Current policy seems to be?

1. Involuntary or voluntary detection of overstay of more than 5 days will result in deportation to home country (rather than old escort to airport on any flight) in official custody thus may result in further detention at intermittent facilities.

2. Voluntary payment of overstay in process of leaving country at airport is still allowed.

Do you know if land border policy had changed? Is that 5 days a policy or 'about' figure?

Thanks much for the update and any further information you are able to provide as this is very important to many readers.

[Badbanker]

Lopburi3 you are correct, to the best of my knowledge and experience on your first 2 points.

I am not sure that the 5 days overstay is a strict rule, as I have seen people that have been arrested even after 3 days overstay. I do detect that local police and immigration officials are reticent to start deportation proceedings for small overstays, rather tell people to go and get it sorted out and don't make any problems for us again.

But I think the feeling by the police is that people overstay much to often and as we have seen in the last 2 weeks, people of non Thai origin are being stopped for no reason and ID and visas are being checked. This is especially so if you are of African or Middle Eastern origin!

As some have rightfully said, if you have a big overstay go to an airport, pay your 20k and fly out, as spot checks on vehicles travelling to land borders can and do result in your detention and deportation.

Thanks Lopburi3 for your carefully thought out moderating of this forum!

Badbanker

Edited March 19, 2012 by Badbanker

[bangkokburning]

My take on this is that if you are a criminal you may very well be deported back to your "home" country or origin of passport.

Five days will not get you deported for a myriad of reasons imo UNLESS perhaps you are caught up in a swoop and of dare I say it - of a less favored nation. A passport check w/ no passport or overstay and let's be honest. If you are caught cruising about the streets with an expired visa/stamp just when migh tthey think you will go home? You are fair game! Now, if you have a ticket out and that had to be booked after your visa expired...such is life at Swampy no??

Edited March 19, 2012 by Maestro
Removed off-topic part of post.

[Badbanker]

My take on this is that if you are a criminal you may very well be deported back to your "home" country or origin of passport.

Sir if you overstay your visa you have broken Thai law and are considered a criminal, as you will go to court and as such if you are arrested and found to be overstayed you will be deported to your country of origin! This is guaranteed!

There was the case of a British man who had a stroke and overstayed his visa 6 months. Could not walk or talk but was booked for overstay in court and I paid his fine so he could get back to the IDC rather than Jail. Family in the UK and the Embassy got him out quickly.

Breaking the law by overstaying makes you a criminal.

PS I got to go to court for a bit be back later.

Edited March 19, 2012 by Badbanker

[Dante99]

Badbanker:

Thanks for the information and for all the help you and others do to help get people out of the IDC and on their way. Without that help some people have been stuck there for many months. I know a guy that arrived at IDC showed his ticket out but was ignored by the officials for days until someone like you helped him after a couple of weeks in IDC.

[Gone]

Badbanker,

I for 1 have no idea who you are and this is the first time I have seen your posts. You say you are on your way to court? If you are going to post on TV where many of us look to in order to be up-dated and made aware of different issues then I for 1 would like to know the source of this "new law" etc.

Any one of us can come on here spouting what we call "facts" with little or no source at all so please explain who you are or why you feel you have this info fist hand etc. Are you a bad banker or a lawyer ?

[keestha]

Badbanker, just in case you still care reading so far down the thread, thank you very much, I think on behalf of many others. You have a relatively low post count but your contributions are very valuable, we are more used to see it the other way around.

[Suradit69]

Badbanker,

would like to know the source of this "new law" etc.

He didn't say it was a "new law." He said there would be stricter enforcement of existing law in response to a high profile case of someone getting away with something due to the lax enforcement of the existing law.

Many new policies seem to come about as a result of farang abusing current policies [and probably because of discussions on this board where advice is given to work around existing policies or to exploit loopholes].

Recently there has been a change in deportation policy, to strictly enforce all deportees be returned to their country of origin.

[silentnine]

what is the policy on minors on overstay ?

in the past (and present maybee) there was no fine or punishment for a minor on overstay ..

i know quite a few farangs over here who have farnang children here .. and while the parents have to jump thre all the visa loops to make sure they themsleves are legal with there visas it has been possible to cut costs by not doing the same for minors . i.e. many farang children could be on huge overstays alrady

[dantilley]

1. Involuntary or voluntary detection of overstay of more than 5 days will result in deportation to home country (rather than old escort to airport on any flight) in official custody thus may result in further detention at intermittent facilities.

What happens if your overstay is less than 5 days?

[Badbanker]

I love Thai visa and want to contribute but only if it really adds value. My post count is down cause I am out there doing it everyday.

George would like to contribute more but when like last week I had 5 deportations, I get too busy to get involved in the cut and thrust of things. This morning I have had 3 phone calls from people who know me from Thai Visa thanking me for contributing.

Just done a small drug case translation in court.

[lopburi3]

One flame removed.

[Badbanker]

1. Involuntary or voluntary detection of overstay of more than 5 days will result in deportation to home country (rather than old escort to airport on any flight) in official custody thus may result in further detention at intermittent facilities.

What happens if your overstay is less than 5 days?

In most cases they will tell you on your way. It depends on the cop!

[dantilley]

In most cases they will tell you on your way. It depends on the cop!

OK, so we could say it's an unwritten rule among cops to turn a blind eye to overstays less than 5 days, but in theory they could still give you the same deportation treatment that they give to longer overstayers if they felt like it?

[timewilltell]

What happens if someone steals your passport just before your visa runs out and being a UK citizen it takes a month to get a new one whereupon you are a criminal because your visa ran out in between times?

[Badbanker]

What happens if someone steals your passport just before your visa runs out and being a UK citizen it takes a month to get a new one whereupon you are a criminal because your visa ran out in between times?

No you submit a police report which then becomes your Passport and you apply for a new passport and go and clear the overstay at your earliest convenience. A UK citizen can get a temporary passport to return to the UK in about 2 hours.

Remember to guard your passport carefully at all times!

[Badbanker]

I am going to the South Bangkok Criminal court for a case and will stop off on the way back at immigration and pick up a blank copy of the standard deportation order used for every deportation. This is in English and Thai! See you at 3 pm!

[ericthai]

what is the policy on minors on overstay ?

in the past (and present maybee) there was no fine or punishment for a minor on overstay ..

i know quite a few farangs over here who have farnang children here .. and while the parents have to jump thre all the visa loops to make sure they themsleves are legal with there visas it has been possible to cut costs by not doing the same for minors . i.e. many farang children could be on huge overstays alrady

Yes, it is true minors overstay is not enforced. I believe to the age of 12, i might be wrong on the age, but i'm positive on the overstay. My friend lived here for 5 years with his children he obeyed the laws and did not worry about his children visa's i guess he could have actually gotten them an Ed visa as they were going to private school. When he left his children were 5 years over no issues whatsoever.

[phuketrichard]

I also would like to see where this is from as i don't know the OP at all or what he does.

[draftvader]

I never understand why people think that "playing the game" in Thailand happens without consequences. Sure there are a myriad of ways to allow the law to be bent in your favour, but you must ALWAYS expect it to come slamming back down when the law enforcer chooses too. So you like it when it works for you, but are up in arms when it doesn't.

There is ALWAYS a price to be paid....eventually. As long as you remember that you will live life here normally, in the same way a Thai person would. They never take it for granted that they will be "forgiven or forgotten" unless they are seriously rich and we KNOW this isn't our demographic as we are talking about over-stayers here.

[beano2274]

I also would like to see where this is from as i don't know the OP at all or what he does.

then wait till 3pm like the man said.

[Jawnie]

If you overstay your visa even one day, you are in violation of Thai immigration laws - it is that simple. If you've ever overstayed and paid the fine, you also signed a document admitting to such. It is easy to enter and stay in Thailand. Compare this to the several professional Thais I've met who were not able to get US visas because US immigration ASSUMED they would not return to Thailand. Now THAT sucks.

Thailand has the right to change its immigration laws and policies when it sees fit and as often as it sees fit. But, they don't change daily or weekly. The only thing that changes weekly about Thai immigration laws and policy are the rumors about Thai immigration law changes. I've been here 1.5 years and I've found dealing with Thai immigration very straight forward....you just need to follow the rules whether you like them or not.

Don't be negative.

[Ricci]

i just don't understand why it's always the unofficial way first before they come up with officialy announced law changes.

Law hasn't changed.

the title of this thread says different

New Deportation Condition Changes!

[lopburi3]

Several troll/flames removed and replies to them.

[NewlyMintedThai]

i just don't understand why it's always the unofficial way first before they come up with officialy announced law changes.

Law hasn't changed.

the title of this thread says different

New Deportation Condition Changes!

The LAW is unchanged.

[simon43]

I also would like to see where this is from as i don't know the OP at all or what he does.

As has already been indicated, the OP is a reliable source and whilst he may not be known to the newer members on this forum, he is very well known by the mods and some of us 'old-timers'. I have personally know him for many years (from my previous volunteer work). If you are in the habit of ovestaying, then you should heed what he is saying

Simon