Details On 1-Day Overstay Waiver At Airport

[welo]

I have a group of friends on a budget that are a couple of days short on their stay permit. They have to go on a border-run to Poipet but will still be 3-4 days short.

I heard that they waive you one day of overstay if you leave at the airport on that day. I am thinking about advising them to time their border-run so that they will have exactly one day overstay when they leave at the airport.

I wonder how this is executed if your flight is going in the early morning hours. Let's say the flight goes on the 5th at 4am. If they enter immigration before midnight (technically the 4th) with one day overstay (=stay permit until the 3rd), will the rule still apply.

Technically, they exit Thailand one day BEFORE the flight date - would they still be waived the overstay?

I also have to check if the checkin time actually allows for this.

I further assume that if their stay permit expires on the 3rd, and they leave after midnight (then the 5th), they would have to pay 2 days overstay fine?

Does anybody know about these technicalities?

Appreciate your help!

[Mario2008]

You cannot pass immigration before you check-in, which can be done from 3 hours before the flight. So it will not work.

First day overstay is only waived if you leave on the first day, leaving on the second day means you need to pay for two days (is 2 times 500 baht).

[welo]

Thx a lot Mario,

I will check again for their exact departure time. I forgot that the earliest checkin time is rather late. I guess if the flight is not just after midnight (let's say 2:am at the very latest) it will not work out.

[Mario2008]

If after 2 A.M. forget it, unless they don't have luggage. Than you one can check in online without needing to drop of luggage.

[welo]

They do have luggage. So no online checkin.

Can you pls also confirm this (If you know):

> I further assume that if their stay permit expires on the 3rd, and they leave after midnight (then the 5th), they would have to pay 2 days overstay fine?

Any experience with this? How does immigration handle this?

[lopburi3]

That was answered - yes they would owe 1,000 baht each for overstay. Only if you leave within 24 hours of ending time is overstay not collected (to allow for midnight/late flights issues).

[Mario2008]

Yes, it would mean two days overstay so 1,000 baht.

The immirgation official will ntice the oevrstay and send them to another desk, where some forms are to be filled in and signed regarding the overstay and the fine will need to be paid. Immigraiton will stamp the passport that there was an overstay and that is it.

[steve187]

welo

why don't you post a complete picture, what visa/permission to stay stamps they have and until when, what is the exact date they are leaving etc. this would enable the best advice for the course of action to take regarding visa runs extensions etc.

but as i posted in another thread why dont people plan thier trips and get the correct visa before entry, it saves a lot of messing around /risk of fines. not saying this aplys to your friends

[jpinx]

You might consider a border run over midnight to gain the extra day

[welo]

Thx guys for your input.

@jpinx

That is indeed an option but my friends already decided against it.

@steve

I am pretty familiar with all available options, that's why I asked this rather specific question.

Their current stay permit (30-day stamp) expires on the 6th. Their flight is on the 25th at 6.00am.

I will advise them to go on a border-run to Poipet on the 10th. They will have to pay 4 days overstay (2000B). When they return they will receive a 15 days stamp. That will give them a stay permit until the 24th.

The overstay fines will be slightly cheaper (1900B plus transport) and also less hassle than a 7-day extension at Chaeng Watthana.

They could stay outside of Thailand for any number of days to reduce the overstay, but they don't want to for various reasons.

[Mario2008]

They could go earlier to Cambodia and avoid the 4 day overstay of 2,000 baht. Than the 7 day extension for 1,900 baht at the end will be no problem and cheaper than the 4 day overstay (2,000) plus the 2 day overstay (1,000). And stay completely legal.

[lopburi3]

And don't end up in jail heading to the border - small as that chance may be it is a risk on land travel near borders.

[welo]

If I didn't do the counting wrong there will be no 2-day overstay at the end. Their stay permit will expire on the 24th, and they leave in the morning hours of the 25th.

The 1-day airport rule saves them 500 Baht (each)

2000 Baht overstay is cheaper than 1900Baht plus transport and they don't waste 4hrs or more in the traffic and at immigration (although the government complex is actually an impressive building).

The 2-day overstay at the end came up in my question earlier trying to figure out how exactly this 1-day rule is applied/handled.

But thx (again) for trying to help out, Mario.

They are genuine (American) Tourists so I think the risk of ending up in jail with only 4 day overstay is minimal.

[rct99q]

Just an FYI and as they say it is up to you how you take it........It is NEVER a good idea to overstay your visa/exemption in Thailand. Also it is up to the individual immigration officer to allow you to pass on an overstay. If it is one person passing through at one time it may not be a problem. If a group of people all trample through at one time with an overstay you may encounter a problem.

And finally it is ILLEGAL to remain in Thailand 1 second longer than what was granted to you in your visa/exemption status. If you are caught by police or immigration prior to leaving the country it is an automatic detention and a fine. As well as receiving a deportation you may receive a do not return status in the Thai system.

Good luck

[steve187]

So the second part of my post #8 was spot on. why do people do it?

the correct visa to cover the trip, before catching the plane on the 8th jan. would have saved a lot of trouble, been cheaper and no risk of being refused boarding

Edited January 30, 2013 by steve187

[btowny]

What happens if you 'dont' have any money?

[welo]

@steve187

What's going on here?

This whole website/forum is about repeating the same information over and over again to people who are - most of the time - already in the country, and try to figure out what to do.

I asked a very specific question, but you asked for the 'big picture'. I gave it to you and then you come up with this?

Are you genuinely interested in why people do it or are you just trolling?

[Mario2008]

What happens if you 'dont' have any money?

You are brought before a judge, who usually sets a lighter fine than immirgation. if you can't pay that fine, you will do some time in jail. (1 day in jail for every 200? baht).

When that is done, you are brought to the immigration detention centre. There you stay till you have a ticket to your home country, purchased by yourself or family. With no money, that can mean a long time if you don't have family or friends willing to pay for you. After 6 months there is a charity that might help you pay for the ticket.

[rct99q]

and IDC is not a place you want to spend 6 days let alone 6 months (or longer) as has happened in the past......for this very offense.

[Maestro]

If you can't pay the fine it won't be IDC where you go but a regular prison.

Sent from my Nexus 7

[daxbr]

Overstayed for 2 days a couple months ago. Immigration agent noticed but waved me thru with no fine at bkk.

[welo]

@daxbr

I am wondering if I gave my friends the wrong advice. I also heard a story from a friend who did not have to pay for overstay at the airport. I have never considered this since my personal experience is that the officers are very strict with it.

I doubt that they will *not* have to pay overstay at the Poipet border.

Also, having the overstay waived at the airport, is surely not anything you can count on.

[lopburi3]

There is no day allowed at a land crossing - you are overstay if beyond the date stated on your permitted to stay. At airport you are allowed one day as flights can be late and easier on all - but if more than that one day you will normally have to pay for all. At times people will be exempted when busy or they notice close flight connection but that does not happen for most - it is stamp of overstay and if more than a day payment of all days.

[Sirius1935]

Another thing to watch out for is they sometimes count the day of arrival and the last day, so you only get 13 days and nights in the country. This has happened to me twice on entering at Satun by ferry from Langkawi.

[Terry Newman]

Why dont they just get a 60 day tourist visa and problem solved ?

Does Imm put a big red naughty boy stamp in your PP for an over stay?

Will it effect other countries when some of them ask if you have been refused entry into any country before? and some ask if forced to leave a country.

Just things to consider !

Edited February 3, 2013 by Terry Newman

[Sirius1935]

No, you don't get a red stamp. I forgot to check my last date on entering from Malaysia on one occasion and thought I had 30 days. It turned out to be 13! This was only noticed on departure at Suvarnambhum. I had, unknowingly, overstayed by 7 or 8 days. I said, "Sorry, I thought I had 30 days' and they let me off. No red stamp on another occasion a few years ago when I had overstayed by two days. Nothing to pay either time.

[welo]

Why dont they just get a 60 day tourist visa and problem solved ?

The question should be why they *didn't* get a tourist visa.

Maybe they had different travel plans that didn't require a stay longer than 30 days in Thailand?

Maybe they didn't have a Thai embassy located near their home town and didn't feel comfortable to send their passport by mail?

Maybe they had inaccurate information or were advised badly?

Does Imm put a big red naughty boy stamp in your PP for an over stay?

Will it effect other countries when some of them ask if you have been refused entry into any country before? and some ask if forced to leave a country.

Just things to consider !

This is ridiculous. To answer your questions:

1. No (there is no big red naughty stamp) - I have one overstay and there is not a single red dot in it. And it's smaller than the extension of stay stamps that you get at immigration.

2. No, it will not affect other countries because you have NOT been refused entry to Thailand, and you have NOT been forced to leave a country.

Stop the scaremongering.

Yes, if you plan to stay longer in Thailand than a month you should seriously consider obtaining a Tourist Visa which will allow you to stay for up to 60 days - it is most likely your best (most convenient) option.

However, the 30 day visa exemption entry is a perfectly legal and valid way to enter (and stay in) Thailand. It is used by tourists entering Thailand ALL THE TIME.

The Thai Immigration Law does not allow you to overstay your stay permit, and there is a fine of 500 Baht per day for those who do. Payable when you exit the country. There are no repercussion as a result of this, and you will be able to re-enter Thailand without problems. This is standard procedure and it happens ALL THE TIME.

The words of caution go to those fellows who are planning for lengthy stays in Thailand (several weeks, months, years) without a valid stay permit. Check out other discussions on this topic.

Please show me reports where Western Tourists (in Thailand we unfortunately may have to add "white-skinned") with a couple of day overstay (and were able to pay the fine and not involved in illegal activities) ran into problems - either in Thailand or when entering other countries.

[lopburi3]

Actually many have run into troubles and some have been reported on this forum - normally due to a passport check/accident or inadvertent arrest. Normally a soft approach is taken but it is not a certainty So although the chance is small it is a chance and you are illegal if found out and could spend time in jail awaiting your day in court and if without funds time in detention. To make light of overstay is just as serious as excessive caution statements. You are taking a risk if you overstay and normally it will be recorded in your passport on exit.

[paz]

Although I always plan my travel and have proper documentation, I've paid overstay fines in Thailand on various occasions, when it was cheaper or more practical than a visa run. That has never caused problem when returning.

In a couple of occasions I was shown how much they really care for that money. One was a single day overstay at the Malaysia border, I was allowed to leave without fine, then when coming back after two hours, the zealous officer noticed I was not fined, and made me pay before being admitted.

Another good one, again single day overstay, leaving Phuket airport, when I was little tight for the flight. I'm sent to the small room that is there on the left of the counter rows, the male officer takes me passport, collects 500 Bath and stamps for exit. He did so the tip of the triangle stamp cover the day I had entered, so that a check would not reveal how many days I spent in Thailand. No fine form or receipt, and no overstay stamp. The lady officer in the same room just stayed quiet and I was sent my way. TIT.

Edited February 3, 2013 by paz

[ubonjoe]

Another thing to watch out for is they sometimes count the day of arrival and the last day, so you only get 13 days and nights in the country. This has happened to me twice on entering at Satun by ferry from Langkawi.

It is a 15 day entry. They always count the first day and you have to leave before midnight on the last day meaning a stay of 14 days more than when you left if doing a turnaround.

Always check your stamp when entering to be sure they got it right.

Edited February 4, 2013 by ubonjoe