Overstay, begin when?

[swissie]

In short: When does overstay apply?

Missing to get extension of 1 year retirement-visa I think the case is clear.

But: If missing the 90 Day reporting, is this already overstay or not? At the rate of 500 BHT per day?

Cheers.

[Mario2008]

90 day reporting has nothing to do with overstay. There is a window of 15 before and 7 days after the due date to make your 90 day report. If later than that, you pay a 2,000 baht fine.

[smileplur]

90 day reporting has nothing to do with overstay. There is a window of 15 before and 7 days after the due date to make your 90 day report. If later than that, you pay a 2,000 baht fine.

Although I have been stung once for reporting late and paid 2,000 baht personally, I am certain the "official" fine is stated as 5,000 baht. They kindly informed me of this when I paid them the "discounted" rate after giving them my sad story of confusion regarding why I was late! t was also clearly printed on some document I was given when filing for my extension at the beginning of this month.

[Maestro]

The Immigration Act has this:

Section 76 : Any alien, alien, who fails to comply with the provisions of Section

37(2),(3),(4)or(5) shall be punished with a fine not exceeding 5,000 Baht and

with and additional fine not exceeding 200 Baht for each day which passes until

the law is complied with.

This means that if a foreigner were taken to court for not submitting his Notification of staying in the Kingdom longer than 90 days "as soon as possible upon expiration of ninety days" (section 37(5)) the above would be the limits for sentencing. However, so as not to overload the courts the law also has this:

Section 84 : In all offenses under this Act, except the provisions of Section 62

Para.1 Section 63 , 64, 71 and 82 Para.2. The settlement Commission ,consisting

of the Police Department’s Director General or Representative, the Public

Prosecution Department’s Director General or Representative, and the

Immigration Division’s Commander or Representative, as the, members shall

have the authority to assign duty of settlement to the Inquiry Official or the

competent official by fixing a settlement rule or any conditions as the Settlement

Commission my deem proper.

When the offender has paid the fine as stipulate, the case shall be deemed settled

under the Criminal Procedure Code.

It is in these currently valid – but I believe unpublished – settlement rules where the fine of 2,000 Baht for making the notification later than seven days after the due date is listed.

[lopburi3]

Actually it is clearly stated on the country immigration web site as policy.

If a foreigner staying in the kingdom over 90 days without notifying the Immigration Bureau or notifying the Immigration Bureau later than the set period, a fine of 2,000.- Baht will be collected. If a foreigner who did not make the notification of staying over 90 days is arrested, he will be fined 4,000.- Baht.

http://www.immigration.go.th/nov2004/en/base.php?page=90days

[Theo007]

90 day reporting has nothing to do with overstay. There is a window of 15 before and 7 days after the due date to make your 90 day report. If later than that, you pay a 2,000 baht fine.

Sorry, do not agree. A friend of mine recently went down to Soi 5, Jomtien with 3 days overstay and had to pay 1,500 baht however, on the other hand, a woman went in with two weeks overstay and when she was told she had to pay a fine she just started crying. They told her to forget and could not get her out the place fast enough!

[lopburi3]

Three day overstay would be 500 baht per day so 1,500 baht total - overstay is not late 90 day reporting and the information provided by Mario2008 is correct.

As for woman was it an overstay or late 90 day reporting? Overstay would have to be paid when she exits country regardless of immigration not taking the money.

[swissie]

90 day reporting has nothing to do with overstay. There is a window of 15 before and 7 days after the due date to make your 90 day report. If later than that, you pay a 2,000 baht fine.

Let's go further:

- By not reporting 3 times a year or not making Visa-Runs every 3 months, the maximum fine would be 6000 Baht ? (= 3 x 2000= 6000Bht ). Right?

By the 4th time, an extension of a 1 year Retirement-Visa will be due at anyway.

Thanks & cheers.

[ubonjoe]

It could be 4 times you could be fined 2000 baht. A extension of stay does not count as a report unless it is the first one. But it would not be cumulative if you didn't report for a year the fine still would be 2000 baht.

[swissie]

It could be 4 times you could be fined 2000 baht. A extension of stay does not count as a report unless it is the first one. But it would not be cumulative if you didn't report for a year the fine still would be 2000 baht.

Nakhon Pathom Immigration distributes a pamphlet indicating "Overdue Notification of residence will result in a fine UP TO 5000 Bht.)

Just for Info.

Cheers.

[ubonjoe]

That is maximum fine that is written in the immigration act.

[swissie]

That is maximum fine that is written in the immigration act.

Ubonjoe: I have no problems to extend my Marriage-O Visa once a year in Savanaketh/Laos. Can be turned into a once a year, nice overland trip.

- But if I can avoid this 3 time a year reporting or (in my case), border run-circus every 90 days, I would be very happy to pay a cumulative sum of 5000 Bht per year in form of a fine for not reporting / not doing border-runs, upon extending my visa for another year.

If accurate, I shall drop out of this border-run-circus and focus on my timely extension of my 1 year visa when the time comes.

Thanks & cheers.

[thaiexpat21]

That is maximum fine that is written in the immigration act.

Ubonjoe: I have no problems to extend my Marriage-O Visa once a year in Savanaketh/Laos. Can be turned into a once a year, nice overland trip.

- But if I can avoid this 3 time a year reporting or (in my case), border run-circus every 90 days, I would be very happy to pay a cumulative sum of 5000 Bht per year in form of a fine for not reporting / not doing border-runs, upon extending my visa for another year.

If accurate, I shall drop out of this border-run-circus and focus on my timely extension of my 1 year visa when the time comes.

Thanks & cheers.

By avoiding the "boarder run circus" you will enter the territory of "overstay" and a max, fine of 20,000 bht

[ubonjoe]

You are getting a new visa every year not an extension so you must leave every 90 days or pay an overstay fine of 500 per day up to a maximum of 20,000 baht and risk being caught with an overstay, locked up and being deported.

[onthemoon]

That is maximum fine that is written in the immigration act.

Ubonjoe: I have no problems to extend my Marriage-O Visa once a year in Savanaketh/Laos. Can be turned into a once a year, nice overland trip.

- But if I can avoid this 3 time a year reporting or (in my case), border run-circus every 90 days, I would be very happy to pay a cumulative sum of 5000 Bht per year in form of a fine for not reporting / not doing border-runs, upon extending my visa for another year.

If accurate, I shall drop out of this border-run-circus and focus on my timely extension of my 1 year visa when the time comes.

Thanks & cheers.

Reporting every 90 days makes you go (or mail!) to the nearest immigration office four times a year, not three.

And it makes you legal. If you have an extension of stay, why would you want to violate the regulations and pay the THB 2,000 rather than send an envelop by mail four times a year?

Oh, and you cannot get an extension in Laos anyway, you can only get it at the Thai immigration office nearest to where you live in Thailand.

[lopburi3]

Actually extensions of stay for non immigrant visa entry are issued at the immigration office serving the province you live - this may not be the closest immigration office.

[onthemoon]

Actually extensions of stay for non immigrant visa entry are issued at the immigration office serving the province you live - this may not be the closest immigration office.

While I agree with the logic, why would the immigration office in the province you live in not be the closest one?

[lopburi3]

It happens often if you do not actually live in the province capital city. Even in Bangkok there are many people living closer to Chiang Watanna who have to visit Nonthaburi.immigration.

[onthemoon]

Oh, I see what you mean.