Rabbit Alec Posted October 16, 2013 Share Posted October 16, 2013 I’ve been a faithful readers of TV for many years but haven’t posted before, but now I’d like your guys’ help. I’m on a three year overstay that I’d like to sort out as soon as possible, and now I have the finances. As the passport with my overstay stamp in is now full I have got myself a new passport. I would like to know the procedure of clearing my overstay problem while leaving Thailand at the same time. Should I go straight to the Airport or Immigration at Govt Complex? As I also worry about having the overstay stamp in my old passport. Thanks in advance Link to comment Share on other sites More sharing options...
thaiexpat21 Posted October 16, 2013 Share Posted October 16, 2013 Go to the airport with 20,000bht + a ticket out of the country. Be aware they may detain you whilst checks are made about any outstanding warrants/ charges. Link to comment Share on other sites More sharing options...
Rabbit Alec Posted October 16, 2013 Author Share Posted October 16, 2013 Will i have any problems returning to Thailand? How may hours should i get to the airport to clear my overstay before the flight? Link to comment Share on other sites More sharing options...
ubonjoe Posted October 16, 2013 Share Posted October 16, 2013 No problem for returning. Just allow at least a half hour extra after check in. Link to comment Share on other sites More sharing options...
AaronIsaan Posted October 16, 2013 Share Posted October 16, 2013 Go to the airport with 20,000bht + a ticket out of the country. Be aware they may detain you whilst checks are made about any outstanding warrants/ charges. Is this sure? If fine for overstay is 500 bht per day, how is this possible? Because i'm thinking in overstay as the cheapest way to stay in Thailand instead of Visas... Link to comment Share on other sites More sharing options...
rollrunna Posted October 16, 2013 Share Posted October 16, 2013 (edited) be polite and contrite, have a story, spending all your cash when you were mai sabi 3 years ago could work.... unless you have previous overstay stamps in the passport.. must have ticket to ride and 20K and polite smile....they have a few everyday ( I suspect ) its just work to them whilst a big worry for you.. Edited October 16, 2013 by metisdead Font 1 Link to comment Share on other sites More sharing options...
Mario2008 Posted October 16, 2013 Share Posted October 16, 2013 Go to the airport with 20,000bht + a ticket out of the country. Be aware they may detain you whilst checks are made about any outstanding warrants/ charges. Is this sure? If fine for overstay is 500 bht per day, how is this possible? Because i'm thinking in overstay as the cheapest way to stay in Thailand instead of Visas... 500 baht a day, with a maximum of 20,000 baht. 2 Link to comment Share on other sites More sharing options...
ubonjoe Posted October 16, 2013 Share Posted October 16, 2013 (edited) The maximum fine is 20,000 baht. There is a risk of getting caught on an overstay and being detained and deported. Edited October 16, 2013 by ubonjoe Link to comment Share on other sites More sharing options...
AaronIsaan Posted October 16, 2013 Share Posted October 16, 2013 The maximum fine is 20,000 baht. There is a risk of getting caught on an overstay and being detained and deported. And if so... No problem for return, as you posted before? I think is not a good idea, but reading the posts, i'm thinking in the option of overstay seriously... Which is the worst risk on it? Link to comment Share on other sites More sharing options...
franckchiangmai Posted October 16, 2013 Share Posted October 16, 2013 There are new rules from 2010: http://www.gazlannathai.com/eye/2010/09/stay-too-long-in-thailand-and-you-go-to-jail-new-rules/ Under the Immigration Act 2522 overstay is punishable by a jail term of 2 years and/or a fine of maximum 20,000 baht. “Section 81 : Any alien who stay in the Kingdom without permission or withpermission expired or revoked shall be punished with imprisonment not exceedingtwo years or a fine not exceeding 20,000 Baht or both.“ Under the new extension to the rules, summary situations become - Overstay 1 – 21 days: Pay a fine 500 Baht/day at Airport/land border Overstay 22 – 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting Link to comment Share on other sites More sharing options...
Lakegeneve Posted October 16, 2013 Share Posted October 16, 2013 I think that you WILL have a problem. The overstay is not the problem. When one obtains a new passport, the procedure is that the entry stamp should be transferred into the new passport along with another Thai Immigration stamp which makes reference to the old passport number. It is a simple process normally done when exiting the country. The fact that you are on an overstay AND have a new passport without any entry stamp makes 2 simple normally separate procedures more complicated. Someone should address the specific circumstance that you find yourself in based on their own experience prior to assuming that it will not be any problem. It may not be but then ........ Link to comment Share on other sites More sharing options...
ubonjoe Posted October 16, 2013 Share Posted October 16, 2013 (edited) There are new rules from 2010: http://www.gazlannathai.com/eye/2010/09/stay-too-long-in-thailand-and-you-go-to-jail-new-rules/ Under the Immigration Act 2522 overstay is punishable by a jail term of 2 years and/or a fine of maximum 20,000 baht. “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.“ Under the new extension to the rules, summary situations become - Overstay 1 – 21 days: Pay a fine 500 Baht/day at Airport/land border Overstay 22 – 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting Total nonsense there are no such new rules. If you can find any such official rules please post them. There have been recent posts of much longer overstays than 42 days that left from the airport without a problem. Even a 6 year one recently who has since returned and got an extension for retirement. Edited October 16, 2013 by ubonjoe 1 Link to comment Share on other sites More sharing options...
lopburi3 Posted October 16, 2013 Share Posted October 16, 2013 Troll post removed. Link to comment Share on other sites More sharing options...
crazykopite Posted October 16, 2013 Share Posted October 16, 2013 My friend Kenny who is now passed had the same problem he had overstayed 5 years . He went to the airport immigration office and coughed up his 20,000 baht overstay 2 hours later he was on his flight to London nothing was put in his passport he returned 4 months later after medical treatment came back on a 30 day tourist visa and when he died he was well into yet anther overstay immigration did not attempt to recover any funds from his estate if they had they would have got nothing , all his mates chipped in to send him on his way at the local temple so I would not worry I would be surprised if they locked you up even for a night that only happens if you are found out !!!!! Good Luck !!!!! Link to comment Share on other sites More sharing options...
lopburi3 Posted October 16, 2013 Share Posted October 16, 2013 There are new rules from 2010: http://www.gazlannathai.com/eye/2010/09/stay-too-long-in-thailand-and-you-go-to-jail-new-rules/ Under the Immigration Act 2522 overstay is punishable by a jail term of 2 years and/or a fine of maximum 20,000 baht. “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.“ Under the new extension to the rules, summary situations become - Overstay 1 – 21 days: Pay a fine 500 Baht/day at Airport/land border Overstay 22 – 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting Total nonsense there are no such new rules.If you can find any such official rules please post them. There have been recent posts of much longer overstays than 42 days that left from the airport without a problem. Even a 6 year one recently who has since returned and got an extension for retirement. Actually this was published as news (Pattaya source) a few years ago and a few were returned to immigration with more than 42 days overstay for warrants check but even that was short lived. http://www.thaivisa....or-overstayers/ Link to comment Share on other sites More sharing options...
realenglish1 Posted October 16, 2013 Share Posted October 16, 2013 Nothing to worry about I had an overstay and did exactly that Payed the fine. They were actually very nice They said Do you know you must pay fine I said "yes" They sat me down filed out paperwork asked for the money and was on my way No problem Just as everyone says just be polite. 1 Link to comment Share on other sites More sharing options...
flyingdoc Posted October 16, 2013 Share Posted October 16, 2013 'Toujours la politesse' ! Always works better than belligerence ! 1 Link to comment Share on other sites More sharing options...
sniffdog Posted October 16, 2013 Share Posted October 16, 2013 (edited) Something is not right here. As you haven't been outside the country, why is your passport now suddenly full? Furthermore, if you haven't dealt with processing your overstay, how can you have an overstay stamp? It seems you got a new passport to hide your previous history. And when they will process your overstay, you have to transfer your previous visa stamp to your new passport first. You can not just show up with an empty passport. And you have to hand over / show your arrival card too. So you might not be able to process it at the airport or a border. If they have the impression that you're trying to hide things, it might be not so simple to just pay the fine and leave. My best bet is to go to the Immigration at Chaeng Wattana. Edited October 16, 2013 by sniffdog Link to comment Share on other sites More sharing options...
Theo007 Posted October 16, 2013 Share Posted October 16, 2013 There are new rules from 2010: http://www.gazlannathai.com/eye/2010/09/stay-too-long-in-thailand-and-you-go-to-jail-new-rules/ Under the Immigration Act 2522 overstay is punishable by a jail term of 2 years and/or a fine of maximum 20,000 baht. “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.“ Under the new extension to the rules, summary situations become - Overstay 1 – 21 days: Pay a fine 500 Baht/day at Airport/land border Overstay 22 – 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting Total nonsense there are no such new rules.If you can find any such official rules please post them. There have been recent posts of much longer overstays than 42 days that left from the airport without a problem. Even a 6 year one recently who has since returned and got an extension for retirement. Sorry but I must disagree . This individual should get legal advice from a lawyer who handles immigration cases. I know of people who have been arrested and jailed for an overstay of this duration. Link to comment Share on other sites More sharing options...
ubonjoe Posted October 16, 2013 Share Posted October 16, 2013 Of course they could be arrested if caught with an overstay. Voluntarily paying it at the airport is not the same. Link to comment Share on other sites More sharing options...
dao16 Posted October 16, 2013 Share Posted October 16, 2013 I think that you WILL have a problem. The overstay is not the problem. When one obtains a new passport, the procedure is that the entry stamp should be transferred into the new passport along with another Thai Immigration stamp which makes reference to the old passport number. It is a simple process normally done when exiting the country. The fact that you are on an overstay AND have a new passport without any entry stamp makes 2 simple normally separate procedures more complicated. Someone should address the specific circumstance that you find yourself in based on their own experience prior to assuming that it will not be any problem. It may not be but then ........ That might depend on the nationality. I didn't have anything transferred when I got my last passport. The embassy gave me a letter, signed and stamped and all that, in Thai and English, that explained that the visa in my previous passport should be recognized through its validity and I was to present both passports upon departure or arrival. Obviously, I guarded that thing as if my life depended on it. No problems on departure (no overstay,either, though). Link to comment Share on other sites More sharing options...
HUAHIN62 Posted October 16, 2013 Share Posted October 16, 2013 Sorry but how is your passport full? When you entered you had to have enough open pages and you could not have left the country since your entry 3 years ago, other wise you would not have a 3 year over stay. Just asking. 1 Link to comment Share on other sites More sharing options...
wwex Posted October 16, 2013 Share Posted October 16, 2013 I have known of long term overstays being cleared with a half day visa run to the Cambodian border, doesnt seem to be recommended here but if you go with a visa run company and pay the 20000b works fine, cheapest and easiest way Link to comment Share on other sites More sharing options...
lopburi3 Posted October 16, 2013 Share Posted October 16, 2013 Do not believe most visa run places will even take such an overstay - and if they did there is a risk of police check turning up overstay and arrest/jail and deportation. Although the risk may be small it is there. Much less risk getting to airport. Link to comment Share on other sites More sharing options...
dutchisaan Posted October 16, 2013 Share Posted October 16, 2013 Do not worry!! I had 4 year overstay, paid rhe fine and there where only smiles. I did this at Chaing Rai and was back in The country 10 minutes later witha 15 day stay. Went to the immigration office a week later and gota non o retirement visa. Just be polite and you will not have a problem. Link to comment Share on other sites More sharing options...
lopburi3 Posted October 16, 2013 Share Posted October 16, 2013 Flames removed. Link to comment Share on other sites More sharing options...
maprao Posted October 16, 2013 Share Posted October 16, 2013 I reckon the Thai Immigration will be following this thread closely! They get loads of tips from Forums like these. Best keep it to yourself; the more you write on Forums the more they will close the loopholes for those without the means to stay legally. PS I stay legally bet there for the grace of god go I. Just my two pence worth Link to comment Share on other sites More sharing options...
Huayrat Posted October 16, 2013 Share Posted October 16, 2013 I had an overstay of nearly 1 year and i contacted the border crossing at chong chom and the police captain said come to see me and pay the fine.. I went paid the 20k fine he was laughing.. I crossed into cambodia for 30 mins and crossed back into Thailand again... I still have the stamp of a 300 plus day overstay in my passport but ive never had ant problems with it.. Goodluck.. Link to comment Share on other sites More sharing options...
greenwoodsolar Posted October 16, 2013 Share Posted October 16, 2013 The biggest risk with overstay is if you are caught up in a problem away from a border and have to produce your papers. Then the consequences can be dire or, at the very least, worse than at the border. The attitude of immigration in general is that if you are at a border attempting to leave then so long as you can clear your overstay fine that's OK. You are showing that you want to straighten things out and leave. If you are picked up on the street, stopped on a bike for example, and they decide to look at your papers and see the expired visa then the attitude is that you are in the country illegally and showing no intention to leave. Then you are much more at the mercy of the police that stopped you. They have the right to detain you, not good, and lock you up, worse, in one of their nice orange suits, not a good look. They can hold you until such time as you can agree a price with them to be allowed to get out, pack and leave, or get taken to the airport and deported. As a general rule you don't want to spend a hour in a Thai cell, let alone days negotiating your way out. The vast majority of overstayers don't have a problem and make it out of Thailand (and back) with little hassle, but the risk cannot be ignored. 2 Link to comment Share on other sites More sharing options...
thaiexpat21 Posted October 16, 2013 Share Posted October 16, 2013 In the UK "overstay" is a criminal offence and the penalties for those caught are real even for one/two day overstays ! http://www.ukcisa.org.uk/content/2726/Overstaying# Perhaps Thailand should enact similar deterrents ? Link to comment Share on other sites More sharing options...
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