2 Years Jail Possible For 22 Day Overtayis This A True Translation Of The Law

[RubbaJohnny]

Local paper states 2 years jail possible for 22 day overstay or is it hype ?

Has anyone ever heard of anyone doing time for 22 day overstay ?

http://www.chiangraitimes.com/news/11104.html

[Mario2008]

The law states:

Section 81 :

Any alien who stay 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.

Yes, you can go 2 years to jail for even 1 day of overstay, but normally not likely to happen. In practise the norm is 500 baht a day with a maximum of 20,000 if you deal with immigration. If you don't wan to pay to immigration or can't, you apear before a judge. A judge will normally give a lesser amount per day of overstay.

[lopburi3]

Trash posts removed - this is not a Comedy Central topic.

[RubbaJohnny]

Thank you ,apologise for typo in the title I was unable to edit,perhaps you can

[stiggy]

Yes it can happen, but often sentence is suspended and the individual deported.

Its more to stop people blatantly taking the piss and staying for ever, then just paying 20 k to leave as it was a few years back.I have known several people that did this for years, only paying when they had to eventually leave. One guy was 2 years the over 7 both just paid and left.

However the last year has been different and they got processed as above, IDC suspended sentence then deported.

[ThaiRich]

Yes it can happen, but often sentence is suspended and the individual deported.

Its more to stop people blatantly taking the piss and staying for ever, then just paying 20 k to leave as it was a few years back.I have known several people that did this for years, only paying when they had to eventually leave. One guy was 2 years the over 7 both just paid and left.

However the last year has been different and they got processed as above, IDC suspended sentence then deported.

Really? I've yet to hear about anyone being denied paying at the airport and being allowed to leave...

[Maestro]

...

However the last year has been different and they got processed as above, IDC suspended sentence then deported.

Not true. Processing through a court when showing up at immigration at the airport is at the officer's discretion and continues to be a rare exception, most likely provoked by the traveller's attitude.

[stiggy]

As you state and I agree a rare exception to go to court and get a suspended but it happens, so how can that not be true?

I Have arranged tickets and money transfers for muppets that have been done with exactly this in the past 12 months.Granted no court appearance but still IDC and deported, not just pay the 20k and off you go.

Have also known people leave via smaller airports after paying a further (ahem excess fee) to ensure they are not put in IDC.

Edited January 22, 2013 by stiggy

[notmyself]

most likely provoked by the traveller's attitude.

As are many things.

[mcnad]

...

However the last year has been different and they got processed as above, IDC suspended sentence then deported.

Not true. Processing through a court when showing up at immigration at the airport is at the officer's discretion and continues to be a rare exception, most likely provoked by the traveller's attitude.

When you get to the front of the Immigration queue at the Airport, make sure you already have 20,000 baht in your hand, a big smile on your face, and say "I need to pay an overstay please."

99.9% guaranteed they will be happy to take your money, stamp your passport and send you on through.

[candypants]

i know a fellow who had 4 years.

20k at the airport, a week in the UK and he was back in Bangkok with a 1 year visa.

[cobra]

I would also think some notation either in database or passport itself, denoting the over-stay would be recorded for consideration on any future re-entry.

[notmyself]

I would also think some notation either in database or passport itself, denoting the over-stay would be recorded for consideration on any future re-entry.

There is. You have to sign a chit and are given a copy. You also have a stamp put in your passport alongside the exit stamp indicating thet you have overstayed by 'x' number of days and paid the fine. If I worked and got caught doing it then I bet the 2 or 3 day overstay stamps I have in my passport would mean something. If I broke the law (other than overstay) I also bet those stamps would mean something.

[Maestro]

As you state and I agree a rare exception to go to court and get a suspended but it happens, so how can that not be true? ...

It is this the part that I have highlighted in bold in the quote below that was not true in your earlier post:

Yes it can happen, but often sentence is suspended and the individual deported.

Its more to stop people blatantly taking the piss and staying for ever, then just paying 20 k to leave as it was a few years back.I have known several people that did this for years, only paying when they had to eventually leave. One guy was 2 years the over 7 both just paid and left.

However the last year has been different and they got processed as above, IDC suspended sentence then deported.

Perhaps you did not mean it this way, but writing that after saying in the previous paragraph "just paying 20 k to leave as it was a few years back" leaves the reader with no doubt that you claimed that there has been a radical policy change, that last year, or since last year, detention in IDC, etc was or has been the norm, not the exception, and as this statement was made in this topic about a 22-day overstay it implied that it would apply also to this overstay. Therefore, putting it in the correct context, ie saying that it is still a rare exception, was necessary as otherwise your post would have amounted to unwarranted scaremongering, something which we always nip in the bud in the visa forum.

[disagree]

I have left the country last year on a 360+ days overstay. Paid 20K, no problems at all. Re-entered with 60 days Tourist VISA. During 30 days extension they noticed I overstayed again ( my miscalculations ) for 4 days; paid fine, got extension. Then did a Singa 2 hours visa run after T visa time ran out. Now doing ED Visa with priv. lessons.

If you don't get yourself into trouble, overstay will be simple as long as you have the money. There is always the danger involved; but from what I've read the IDC procedures happened mostly to people who got themselves into trouble and police had to be involved; or were at the wrong place at the wrong time ( e.g. immigration raid on suk soi 3 etc ).

At the airport the immigration office has a special booth for overstay people. Why would they send anyone to the IDC when he's on his way out except there's criminal proceedings? IDC detention usually happens when you don't have the money for a flight ticket out, or are in some other kind of trouble ( from my understanding )

[stiggy]

Scaremongering ? Simply relaying in both posts what I encountered/experienced through work. I used to for my sins work with several embassies (7yrs plus) here in Thailand and across SE Asia. In that role I saw lots of incidents involving overstay, from people in comas being charged overstay, to the two long term expats that I refer to in my original post.

However on reading, maybe I didn't make it clear, the same two returned and after overstaying again on leaving they got charged and sentenced. Idiots of the highest order.

However rare it is, it still happens. Contrary to your statement that leaves the reader in no doubt that it doesn't .

Anyhow out of that game now, thankfully! Personally couldn't give a toss if someone chances it and gets caught, the rules are clear and people should try and abide by them.

Occasionally there is mitigating circumstances but very rarely. Normally laziness, head in the sand syndrome, belief from threads like this that "it's ok you can just pay 20k and stay as long as you like" cause the overstay to start with.

Lets hope that apathy and it's Ok! doesn't lead to some one taking the chance and actually ending up in IDC as others have.Then lets hope they are not alone, and have access to funds to get the ongoing ticket or its a very long wait in terrible conditions.

Lets also hope that no one gets hurt by those overstaying (including the oversatayer themselves) in a bike or car accident for eg as all insurance is null and void if your illegal in the country ( another situation I have dealt with resulting in nearly 400,000 bht in med bills! )

Sorry is that scaremongering also or simply pointing out facts? To many people live out here with there head up there a33e

Edited January 23, 2013 by stiggy

[ravip]

Apart from a major sickness or an accident, IF a healthy being breaks the law, should the law excuse that being? Is the law at fault for punishing him? Should all have the choice to over stay their visas without any hassle?

Edited January 24, 2013 by ravip

[EOVATA]

I knew a guy 7 years overstay, he had his ticket booked and when arriving at the airport he had his 20 000 Baht, paid and got on the plane with passport stamped not welcome in the Kingdom of Thailand again and he wondered why????

[HeavyDrinker]

I knew a guy 7 years overstay, he had his ticket booked and when arriving at the airport he had his 20 000 Baht, paid and got on the plane with passport stamped not welcome in the Kingdom of Thailand again and he wondered why????

I reckon this is cobblers.^^

My neighbours 2 doors down are both immigration officials. Frankly (according to them) we Westerners aren't even on their radar.

They told me that seeing as even the most broke Westener can make more than the national average wage teaching English at some iffy Language Centre, we simply aren't that much of a concern.

[kerrysum]

What if?

What if you were a foreigner in my country,

Would my government simply deport you?

What if I did overstay my visa or disappeared,

In your country,

Would you find me?

What if the rule ran both ways?

What if.........

Just a thought.....

Land of Smiles,

or Land of Trials?

Have a good day !!!!!!!!!!!!

[Maestro]

I knew a guy 7 years overstay, he had his ticket booked and when arriving at the airport he had his 20 000 Baht, paid and got on the plane with passport stamped not welcome in the Kingdom of Thailand again and he wondered why????

Not impossible from the legal viewpoint, but until a copy of this stamp is posted here the above post is uncorroborated hearsay and best ignored.

Incidentally, the blacklist stamp is still missing in my album of "Current stamps of visas, extensions, etc". Who will be the first to post it?

[Mudcrab]

What if?

What if you were a foreigner in my country,

Would my government simply deport you?

What if I did overstay my visa or disappeared,

In your country,

Would you find me?

What if the rule ran both ways?

What if.........

Just a thought.....

Land of Smiles,

or Land of Trials?

Have a good day !!!!!!!!!!!!

I know of someone on a 12 month multiple entry to Australia which requires leaving Oz every 3 months and return. The day of leaving for the 3 months was 1 day over the actual 3 months. Had visa cancelled at the airport, taken into detention and deported. On top of this there was a 2 year no re-entry condition imposed as well.

[Neeranam]

...

However the last year has been different and they got processed as above, IDC suspended sentence then deported.

Not true. Processing through a court when showing up at immigration at the airport is at the officer's discretion and continues to be a rare exception, most likely provoked by the traveller's attitude.

When you get to the front of the Immigration queue at the Airport, make sure you already have 20,000 baht in your hand, a big smile on your face, and say "I need to pay an overstay please."

99.9% guaranteed they will be happy to take your money, stamp your passport and send you on through.

I know many who have done this, one friend had over 8 years overstay.

[stiggy]

Not impossible from the legal viewpoint, but until a copy of this stamp is posted here the above post is uncorroborated hearsay and best ignored.

Incidentally, the blacklist stamp is still missing in my album of "Current stamps of visas, extensions, etc". Who will be the first to post it?

Quite a collection however for a real complete collection, you need the infamous B131 stamp from Sadao, the problems that stamp caused many expats here in early 2002/2003 was unbelievable.The deported stamp is more computer entry based from what Im told.

[PoorSucker]

I guess this lady showed to much attitude when refusing to pay for 3 day overstay.

[Chivas]

I knew a guy 7 years overstay, he had his ticket booked and when arriving at the airport he had his 20 000 Baht, paid and got on the plane with passport stamped not welcome in the Kingdom of Thailand again and he wondered why????

Not impossible from the legal viewpoint, but until a copy of this stamp is posted here the above post is uncorroborated hearsay and best ignored.

Incidentally, the blacklist stamp is still missing in my album of "Current stamps of visas, extensions, etc". Who will be the first to post it?

Quite rightly banned for life if that was indeed the case.....

Undefendable for any reason....

[tamesisfwp]

I stayed in Nakhon Phanom for near two months with days in BKK at either end for some acclimatization and shopping during August and September 2012. I took a visa run to Thaekhek over the Friendship Bridge in a Lao bus laden beyond the gills with branded juices in boxes and on re-entry late afternoon was granted my extension but was dated as from the day and thereby miscounted my days.

When I asked the Immigration offfice in NP for an extension the officer kindly told me to declare my overstay of 3 days at the airport on departure. She told me the fine would be 500 Baht a day and was easier than paying 1900 Baht for 7 days there or going back over the bridge with all the associated Lao entry costs of gbp25/usd35.

On presentation at the airport I offered my passport and 1500 Baht to the officer in the box and he took me to an alcove where a desk was set up to process my fine. They printed out lots of forms all of which I had to sign (I read them first) and then took my money. My passport has been stamped and the 3 days overstay noted and the fine paid. All done with a smile and a chat about favourite football teams (bloody wrong shaped ball but it kept everyone onside) before being released to enjoy my flight home.

Clearly yet another Farang tax.

Best wishes all

[Mario2008]

Nonsense to call it a tax. You brake the law by overstaying and are fined for that accordingly. Plain and simple.

[cbrer]

Arrive with ticket and cash in hand.

[Dap]

Not impossible from the legal viewpoint, but until a copy of this stamp is posted here the above post is uncorroborated hearsay and best ignored.

Incidentally, the blacklist stamp is still missing in my album of "Current stamps of visas, extensions, etc". Who will be the first to post it?

Quite a collection however for a real complete collection, you need the infamous B131 stamp from Sadao, the problems that stamp caused many expats here in early 2002/2003 was unbelievable.The deported stamp is more computer entry based from what Im told.

Would/can you post that stamp for us?