How does deportation work?

[Sceptict11]

"Are you an expat? If so you should pay no taxes in your home country"

Perhaps you can tell me how to avoid paying tax on UK sourced income

I would be delighted to know

NB

​I believe Americans are also caught in the tax trap

[stoffel45]

Those who have done something criminally illegal in Thailand and have been arrested, tried in a Court, spent penal time in a jail or prison, taken to the Immigration Detention Centre (IDC) and finally put on a plane - is the PRINCIPAL route for ALL.

1. OVERSTAY & Work Permit offences - the criminal offences which cover about 80% of all foreign crimes.

The first rule is do NOT overstay your visa. In Thailand it is a CRIMINAL offence and do not be so stupid as to commence work without a Work Permit.

If your overstay is involuntary: (Work Permit offences are NEVER involuntary)

1.1. You are in hospital and the hospital issues a note saying you can not travel. In the Government hospitals - you or your friends, embassy have to have the form completed by the Hospital, taken to Immigration, where your visa is extended. If you have to stay longer, repeat the process.

IF you do not have Immigration extend your visa because you are in hospital and on discharge you go to the airport you will have to pay an Overstay charge of 500 baht per day. If your overstay is serious - 41 days or more - you will be arrested and will go the deportation Route.

2.2 If you are required by the Police to remain in Thailand.

On suspicion of having committed a crime, on bail for being on suspicion of having committed a crime, as a Police witness for a crime which has been committed - and then you are released or discharged - then YOU are responsible for getting the correct documentation from the authorities (Police or Immigration) to say your overstay was involuntary.

If you fail to do this you will be arrested for overstay when you present at the airport.

Punishment for Overstay.

Short term Overstays.

If you have an overstay and do not "Surrender" to Immigration - e.g. present yourself at the airport, you will be fined 500 baht per day overstayed.

If you are required to show your passport for ANY reason to the Police and it is not during exit from the airport -you WILL be arrested, sent to jail, sent to Court, returned to jail with a fine from the Court usually not exceeding 2,000 baht. A deduction of 200 baht is made for each day you have spent in jail - PRIOR to your appearance in Court. So if you are picked up in one of the now more common "Stops" - riding a motorcycle (seemingly for any reason, wearing a hat or not) - they will want to see your passport. If you are in overstay - one of the Phantom Zone idiots - then YOU will have invited yourself to one of the most hellish experiences. Time in a Thai jail.

How long will you spend in jail?

If for any reason on the day of your Court appearance you cannot pay your fine, let us say it is 1800 baht - then you will spend a sentence of 9 days in jail (200 baht per day) working off your fine with jail time.

THEN - will begin the process of being handed from the Police to Immigration.

This depends on a number of things.

Is your passport valid for travel? (ONLY your Embassy can fix this)

Do you have an Embassy? (IDC has a majority of African prisoners because their Passports cannot be updated - which is for a whole slew of reasons. No embassy in Thailand. Embassy doesn't care.

I have visited prisoners who have been there for over 12 years. One woman from the Congo told me she preferred horrific IDC to her home, because it was safer and she got food.

Do you have a VALID airticket?

Many people travel to Thailand on the least expensive category of air ticket. If not used on the day of the flight it is annulled and may not be reinstated. KNOW your ticket if you visit the Phantom Zone!

If you have no ticket and no one to arrange one - yes - you could spend many many years in the hell of IDC.

Other Crimes - More serious.

Theft, Fraud, the Thai crime of "Cheating", Bilking (not paying your Hotel bill) Defamation, Libel, lese majesty, Murder, Assault, Robbery with a weapon. Child sex offences. There are many.

On arrest, you are jailed awaiting Court. For minor criminal offences like overstay, you are presented in Court very quickly within 2 days. For more serious offences the Police will ask for time to investigate and you will be jailed for a further 30 days. Your Trial in Court could take as little as one year or up to 4 years.

Then you will spend your sentence if guilty in prison. On release you will be returned to the first jail.

If there are no "other" charges discovered by the Police during your absence in prison, you will be handed over to Immigration.

Again you need valid Passport (Embassy), Airticket and money.

IDC will charge you - usually less than 3,000 baht to "escort you to the airport".

Helping YOU.

Family: Whilst in jail have someone contact your family. Always there are Christian charities who will do this for you by bringing a mobile phone for you to use. THEY will call the number YOU give them and explain that you are in jail in (town, Thailand) and ask that they call back to their phone.

YOU WILL need money. Quite a lot. The fastest way and the most secure way to receive money in jail is to have your money sent to your Embassy. It is nearly instant. Remember you cannot just pop in to an ATM.

Embassy help.

Embassies will contact family, friends, ex-employers, if you give them the details - to ask for money for your deportation expenses and airtickets.

Some embassies will "lend" money for airtickets.

Remember at ALL times - YOU got yourself into this situation - and it is YOUR responsibility to speed up your exit.

Deportation Due to External Government request.

If the Thai Ministry of Justice allows you to be deported - you just sit back and (don't) enjoy the ride.

Bangkok Express.

This is where certain "helpful/self-helpful" people will offer you a way from the Courtroom steps to the airport. Currently the Bangkok Express costs about 40,000 baht but can be 90,000 baht.

If you have committed crimes of a more serious nature the tariff is in the millions.

Save a lot of money - save a lot of grief - STAY LEGAL.

[oxo1947]

Perhaps you can tell me how to avoid paying tax on UK sourced income ----Sceptict11

S.M.S.F.

Edited September 27, 2013 by oxo1947

[stoffel45]

What if someone have a Dutch passport but living in Spain. He get deported to the Netherlands or he can choose the destination?

Thai authorities will only allow you to be deported to the country of your passport. No other.

You will have to chose a flight to that country. If there are two legs- your passport may be kept by the Captain of the aircraft.

[ozyjon]

An excellent story which made me think that years ago the Bangkok Hilton (prison) used to be widely reported but now not even heard of,, what has happened to it,, maybe all foreigners have been released (maybe not) very intersting and would be interesting for someone to start a post.

[lopburi3]

Another flame removed.

[Globeman]

Thanks a lot! Very interesting and...a bit scary. I know people who wouldn't be able to pay and leave which means, theoretically, being indefinitely held in a DC.

I wonder what does international law say about holding someone indefinitely anywhere. And are there organizations one cans ask for help?

Yes. Your embassy.

Although whether they help with financial assistance depends upon the country. The UK doesn't, I believe.

Also, they're not being held indefinitely per se. They are being held until the money is raised - from whatever source - to pay for your repatriation. I'm not sure why overstayers think the Thai government should pay for their flight home, after they have deliberately flouted immigration rules.

Ummm...Let's think this through a bit... I don't expect to pay for my own prison expenses, including meals, even if I flouted the law by murdering someone. Of course there are those on this forum who would align their thinking with the Chinese authorities and charge the murderer's family for the executioner's bullet, but that is considered by some weak-kneed liberal pussies to be somehow wrong. One would think that if the overstayer can't raise the funds or their families can't or won't, then for the Thai government, it might be the preferable option to put that person on a plane at their own expense, rather than holding them in a prison cell until they die. Punishments have to fit crimes, and a life sentence is too harsh... Perhaps as a deterrent, in case some scammers decide it is an easy ticket home, they could have a 30 day cool-off-in-prison period before sending you home... and before anyone bleats that 30 days is nothing - it is certainly not nothing in the immigration holding cells. After a few hours in there, you'd give your left teste to get out.

[manonthemon]

Most of us seem to limit our thinking to westerners overstaying / committing offenses and then having to deal with the consequences.

But a few poster mentioned horrific stories of people form other continents going through years and years of hell in detention centers – with no chance of help form embassy, governments and so on. I personally keep thinking about tens of Rohingya men, women and children held in Phang Nga detention cells, behind bars, for months and months. Whoever covers the costs, I don't think they are in a hurry to go back to Myanmar, the country they tried so hard to leave behind. But who knows, maybe having spent 8 months in prison (I think they were sent to the DC in March) they'd rather go back?

What's the benefit of keeping these people locked up? To scare off other illegal immigrants?

Sure a tough nut to crack for Thai authorities.

I also think about my Filipino friend who got arrested working without a work permit (employer, as it often happens, promised but didn't deliver), got released but without passport and is waiting for her court date – a few months now, with no means to support herself legally.

I guess not all people are guilty, irresponsible and deserve their lot.

[dddave]

I seem to remember that several years ago when Thailand negotiated an oil trade deal with Nigeria, the repatriation of several hundred Nigerian inmates from the Thai prison system was part of it. I believe it was Thailand that pressed the issue. I wonder if that sort of exchange is frequently a little talked about part of international trading. For instance, one frequently reads about Iranians arrested at the airport for drug smuggling but then they seem to disappear. I've always wondered if they are quietly repatriated as part of some deal.

[paz]

You will have to chose a flight to that country. If there are two legs- your passport may be kept by the Captain of the aircraft.

That will have to give it back as arrived at the stop, Many airports have passport checks even for passenger in transit. And I can't imagine a thirdparty country paying to escort someone around just to to help Thailand's dispositions

[marell]

I often wonder why some folks think there Embassy should shoulder the cost of a ticket home for some scofflaw. When you booked the original flight to Thailand did your government pay for the ticket. I believe when you are in a country you are subject to the laws of that country, no matter what country you are a citizen of. Do not overstay.

I believe that embassies who front funds for this generally confiscate the violator's passport and will not re-issue it until all the money has been paid back.

[paz]

...

IF you do not have Immigration extend your visa because you are in hospital and on discharge you go to the airport you will have to pay an Overstay charge of 500 baht per day. If your overstay is serious - 41 days or more - you will be arrested and will go the deportation Route.

Untrue. One will be fined up to 20,000 Bt, as anyone can verify reading any first-hand overstay thread here.

Also the possibility of "infinite" time in IDC is untrue - on the basis of Human Rights, not much for what Thailand is concerned, but about the home country of the person,

[paz]

I seem to remember that several years ago when Thailand negotiated an oil trade deal with Nigeria, the repatriation of several hundred Nigerian inmates from the Thai prison system was part of it. I believe it was Thailand that pressed the issue. I wonder if that sort of exchange is frequently a little talked about part of international trading. For instance, one frequently reads about Iranians arrested at the airport for drug smuggling but then they seem to disappear. I've always wondered if they are quietly repatriated as part of some deal.

Some countries are vfery willing to take thier own citizens to do time in their own country, some have specific treaties. For sure Thailand doesn't care at all what happens to a Foreigner after they have done their "duty" of arrest, trial and incarceration.

Altough there might be a changes in this when Thailand obtained extradition for a British national, but that could have been for reasons of "prestige".

Edited September 27, 2013 by paz

[paz]

Countries execute minors. hold minors in detention without trial and conscript them into armies.

"International law" is silent on these things.

Not sure it's something I would be relying on.

Pitiful, isn't ?

But Internation llaw is not silent, is the countries that are inactive, there is a difference, even if it doesn't make a difference to the victims.

[Rudyruns]

if you're stopped by authorities and have overstayed, for example, you will be issued a fine. If you can't pay the fine you will be sent to prison to effectively repay the fine at a rate of 200 baht a day (I believe) until the fine is repaid. So a 10000 baht fine will take 50 days to repay.

After leaving jail, you will be deported. While tickets etc are arranged, you will be held in an Immigration Detention Centre. The main one is at Suan Plu. Thailand does not pay for the deportation costs; that is down to you. In the event that you don't have the funds to pay for repatriation or you cant get someone to help, you are held there indefinitely.

There are numerous examples of people being held for very long times. One Australian chap is currently there and has said he will happily die there; he doesn't want to return to Australia, despite people offering to pay his bills.

I am currently helping a lady in the UK get funds to her brother who overstayed and is being held in the IDC. It's a very grim place.

"if you're stopped by authorities and have overstayed, for example, you will be issued a fine" - well that seems to be not the case in Phuket for example - if you are caught on overstay you will be arrested , fined and deported. That seems to be the current trend right now.

Hmmm, I thought the fine was 500 baht per day max 20,000 baht. Fined and deported, so you will need someone to buy you a ticket (one way) back home.

[scobie redux]

if you're stopped by authorities and have overstayed, for example, you will be issued a fine. If you can't pay the fine you will be sent to prison to effectively repay the fine at a rate of 200 baht a day (I believe) until the fine is repaid. So a 10000 baht fine will take 50 days to repay.

After leaving jail, you will be deported. While tickets etc are arranged, you will be held in an Immigration Detention Centre. The main one is at Suan Plu. Thailand does not pay for the deportation costs; that is down to you. In the event that you don't have the funds to pay for repatriation or you cant get someone to help, you are held there indefinitely.

There are numerous examples of people being held for very long times. One Australian chap is currently there and has said he will happily die there; he doesn't want to return to Australia, despite people offering to pay his bills.

I am currently helping a lady in the UK get funds to her brother who overstayed and is being held in the IDC. It's a very grim place.

"if you're stopped by authorities and have overstayed, for example, you will be issued a fine" - well that seems to be not the case in Phuket for example - if you are caught on overstay you will be arrested , fined and deported. That seems to be the current trend right now.

Hmmm, I thought the fine was 500 baht per day max 20,000 baht. Fined and deported, so you will need someone to buy you a ticket (one way) back home.

It is. You are not reading my post properly.

If you are stopped and have overstayed the maximum fine is 20000. If you can pay that, great. However you will still be detained in IDC for deportation at your own expense.

If, on the other hand, you cannot pay the fine you are jailed until such time that the fine is paid. If no one pays it the fine is effectively paid off at the rate of 200 baht a day until it's gone.

THEN you will be deported. If you can't arrange the funds for the ticket home you remain in IDC until you can.

The jail time for the repayment of the overstay fine and the IDC detention are two seperate things.