4.5 year overstay

[paz]

Does Thai law dictate that overstaying your visa term is a crime? YES.

is there a prescribed penalty for overstaying? YES.

So in truth, there is a crime committed! How could you ever contend otherwise?

I AM putting it in perspective. If you overstay, you are committing a crime, albeit one that seems to be fairly easily resolved, but a crime nevertheless.

Thank you for wishing me well if you're suggesting I'm falling behind??? But, falling behind what....? Presumably falling behind the desire to commit to the laws of the land, and desire to do the right thing?? I don't understand your (lack of) logic.

Again, you are wrong. In Thailand, crimes are acts for which one is brought before a court and if found guilty and/or short of cash, given a prison sentence.

Instead, overstay when settled at a border, is a mere infraction to the immigration act and it does not create any criminal record, or record at all. Only if caught in country, usually in connection with other events, then a judge sees the case and from what I've read, routinely gives a fine smaller than 20,000 baht, that has to be expiated in prison if unable to pay, followed by deportation. Again, the Thai system sees things more pragmatically that a lot of law book amateur foreigners.

[Tolley]

Personally I couldn't live with an expired visa.

Sure most people just pay at the airport and are on their way but you could also be very unlucky and end up in the detention centre in Bangkok.

Further I think it sets a sort of precedent or slippery slope where many farangs start ignoring all other sorts of official requirements. And leaving yourself open and vulnerable in Thailand can be very costly.

[ajarnmarc]

Does Thai law dictate that overstaying your visa term is a crime? YES.

is there a prescribed penalty for overstaying? YES.

So in truth, there is a crime committed! How could you ever contend otherwise?

I AM putting it in perspective. If you overstay, you are committing a crime, albeit one that seems to be fairly easily resolved, but a crime nevertheless.

Thank you for wishing me well if you're suggesting I'm falling behind??? But, falling behind what....? Presumably falling behind the desire to commit to the laws of the land, and desire to do the right thing?? I don't understand your (lack of) logic.

Again, you are wrong. In Thailand, crimes are acts for which one is brought before a court and if found guilty and/or short of cash, given a prison sentence.

Instead, overstay when settled at a border, is a mere infraction to the immigration act and it does not create any criminal record, or record at all. Only if caught in country, usually in connection with other events, then a judge sees the case and from what I've read, routinely gives a fine smaller than 20,000 baht, that has to be expiated in prison if unable to pay, followed by deportation. Again, the Thai system sees things more pragmatically that a lot of law book amateur foreigners.

Very well put, and spot on with each point made.

Thank you to help clear that up.

It was interesting that he felt I was trying to wish him well,

when in fact it was a mere suggestion to wish those who fall behind;

behind in their responsibilities, luck in clearing up the matter asap.

The logic is looking at the matter, at face value,

as the Immigration has apparently done all over the World,

and you were able to point those out very well.

The OP was looking at what the downfalls could be,

or what the procedure would entail,

and most post were ready to condemn the actions,

versus explain the light of the situation,

and how it's truly viewed upon,

which results in how it's outcome will most likely be,

based on the infraction / violation.

You are quite wright that if the case is brought before the judge,

due to some other unlawful act; the overstay part is usually the easiest to resolve,

and in most cases I translated for in the Phuket courts,

penalty was lowered,

as long as the unlawful act was minor.

That was back in 2000-2006,

when I was involved in performing translations for the foreigners appearing in court cases.

[NomadJoe]

why is it stupid comment??

some people live in the out of the way villages,never come to the big citys

i have several friends who are on 5 or 6 years overstay

no family in the out side world,they all read & write thai

their happy're that a pig in a mud hole

I also had a friend that was on 5 years overstay when he was arrested, jailed for a time, heavily fined then deported with a red stamp.

How does a person even function in Thailand without a valid visa/permission to stay? How do you buy or rent a car or motorbike, rent a house or apartment, no $#!t your pants every time you see a checkpoint ahead? One can't possibly have much of a life. People are routinely arrested on overstay here in Phuket, and several people living upcountry have posted about receiving visits from police and immigration checking their status.

Listen. I will be honest. In the 5 years here I was caught red handed TWICE. Once when I tried to book a hotel and the lady flipped through my passport. I nearly shit my pants. She clearly saw I was past my due date. I went back to my hotel room and was just expecting any minute the police would come back knocking on the door. Another time when I tried to rent a motorbike. Lady saw I was expired. She KNEW. If that lady would have reported it the police I would have been COOKED.

Just some friendly advice... Give them a paper copy of your passport if you are on overstay. Never give them the real thing. And don't book hotels and rent motorbikes.

Being on the big o is really scary everyday. Never a good idea to do it. I would never do it again.

Don't forget that every hotel and rental landlord is required by law to report to immigration every foreigner that stays at their hotel or home.

[Rumblecat]

4.5 years overstay!

Unbelievable

You are either a VERY STUPID or VERY LAZY person, with luck you can enjoy the Thai prisons for a few weeks

Yeah! Hope you go to prison! Yeah!

Good luck to OP. People screw up, people get scared to sort stuff out, with luck you won't have any problems. Ignore the bitter and twisted amongst us. They'd be the type of weirdoes who'd wish jail-time upon someone for not extending a visa.

[alocacoc]

4.5 years overstay!

Unbelievable

You are either a VERY STUPID or VERY LAZY person, with luck you can enjoy the Thai prisons for a few weeks

It's a shame. All this people who invest a lot of money, time and nerves to keep their visas up to date must feel as idiots, since others lay back for years and pay this silly fee.

[10Yen]

Don't worry, just turn up with your 20,000 when you fly out and that's the end of it. Known many who have done just that, and the Immigration officers will have seen overstays longer than yours, for sure.

Mate of mine is 15 years over and his UK passport has expired long ago, he don't care cos he can't afford a new one plus he's got nowhere else to go, he speaks Thai like a local, lives in a rural village and has never once been asked to produce his passport, come to think of it, I have never been asked either and I've been here 23 years.

I have a Visa but he can't afford one, wouldn't knock him for it though, just his circumstances, that's life, he's doing no harm.

[merijn]

Shouldn't be a problem at all. Just make sure you have the 20,000 baht ready in crisp 1,000 bills. I know someone who had a 9-year overstay (yes, nine) and had to return to the US to sort out an inheritance matter (death of his mother). He paid the 20k, no questions asked, spent 3 months in the US and then returned to Thailand with no visa, getting 1 month on arrival, again no questions asked despite his 9-year overstay. This was about 2 years ago, and as far as I know he's still in Thailand now and has not made a visa run in the past 2 years. Overstay is no big deal, as long as you keep a low profile.

I agree with your opinion however overstaying is one matter but the risk is if the police need to see your passport at any time for some reason, perhaps a trafic infringement etc. Once they see you haven't a visa then it's the lock up followed by deportation. When you are deported the record of that stays in the RTPI database. Whether you can re-enter or not depends on the competence of Immigration Officer i.e. the place where you enter.

Another poster talking about something you have no idea. When you overstay, once the fine is paid the matter is cleared up. There is a stamp in your passport and this may effect you acquiring a visa for another country. Saying you will not be able to return to Thailand depending on the good the immigration officer is, is utter BS! Go speak to immigration and see what they tell you. Once paid all is ok. As stated in my previous post I helped a guy last year. I checked into these things before we went to the airport to make sure we were ready to accommodate things if he was not allowed back into Thailand. Everyone I spoke to at immigration said the same thing (2 different offices) pay fine done!.

Don't know how long you have been in Thailand but I have been living in Thailand for almost 20 years. In all those years I have only had one police officer ask for my passport, most of the time they ask for your license. I don't carry my passport. Told the office I didn't have it with me and gave him my license. Not an issue.

I don't know where you get this information from but it is not correct.

Any border immigration officer has the power to refuse you to enter the kingdom. No reason is required and a visa is not a guarantee of entry.

A previous (long) term overstay can be a valid reason for refusing entry but seldom used.

Regarding a 4.5 year overstay, Personally i find it very hard to believe that anybody can not solve their problems within 4.5 years.

There are always exceptions but in general terms i highly disagree with those who are doing this.

As most people will know this is not without risk even when you live in the country side and can speak and write Thai.

Only one phone call, accident or passport checkpoint is enough to get this person checked out by the police in that case he will be arrested and jailed until he is processed and deported. ( and this is not a nice experience )

Even when you arrive at a airport there is no guarantee that you can leave without a problem.

I helped personally people who where arrested at the airport for overstay and where transferred to the immigration jail.

I could give you several names of people who where arrested and deported for overstay. ( in most cases must shorter then 4.5 years overstay )

As i work very closely with the immigration department i joined several deportation of people who where arrested.

Till now the immigration department don't really care (unless you have a bad temperate officer) but i would not be surprised that this will change in the future and i would welcome this.

I don't have any problems of people who are willing to do overstay for financial reasons getting arrested.

I have to get my visa in order and don't need more problems because some people are to lazy and give the rest a bad name..

And for your information i live over 24 years in Thailand.

[MikeandDow]

Shouldn't be a problem at all. Just make sure you have the 20,000 baht ready in crisp 1,000 bills. I know someone who had a 9-year overstay (yes, nine) and had to return to the US to sort out an inheritance matter (death of his mother). He paid the 20k, no questions asked, spent 3 months in the US and then returned to Thailand with no visa, getting 1 month on arrival, again no questions asked despite his 9-year overstay. This was about 2 years ago, and as far as I know he's still in Thailand now and has not made a visa run in the past 2 years. Overstay is no big deal, as long as you keep a low profile.

I agree with your opinion however overstaying is one matter but the risk is if the police need to see your passport at any time for some reason, perhaps a trafic infringement etc. Once they see you haven't a visa then it's the lock up followed by deportation. When you are deported the record of that stays in the RTPI database. Whether you can re-enter or not depends on the competence of Immigration Officer i.e. the place where you enter.

Another poster talking about something you have no idea. When you overstay, once the fine is paid the matter is cleared up. There is a stamp in your passport and this may effect you acquiring a visa for another country. Saying you will not be able to return to Thailand depending on the good the immigration officer is, is utter BS! Go speak to immigration and see what they tell you. Once paid all is ok. As stated in my previous post I helped a guy last year. I checked into these things before we went to the airport to make sure we were ready to accommodate things if he was not allowed back into Thailand. Everyone I spoke to at immigration said the same thing (2 different offices) pay fine done!.

Don't know how long you have been in Thailand but I have been living in Thailand for almost 20 years. In all those years I have only had one police officer ask for my passport, most of the time they ask for your license. I don't carry my passport. Told the office I didn't have it with me and gave him my license. Not an issue.

I don't know where you get this information from but it is not correct.

Any border immigration officer has the power to refuse you to enter the kingdom. No reason is required and a visa is not a guarantee of entry.

A previous (long) term overstay can be a valid reason for refusing entry but seldom used.

Regarding a 4.5 year overstay, Personally i find it very hard to believe that anybody can not solve their problems within 4.5 years.

There are always exceptions but in general terms i highly disagree with those who are doing this.

As most people will know this is not without risk even when you live in the country side and can speak and write Thai.

Only one phone call, accident or passport checkpoint is enough to get this person checked out by the police in that case he will be arrested and jailed until he is processed and deported. ( and this is not a nice experience )

Even when you arrive at a airport there is no guarantee that you can leave without a problem.

I helped personally people who where arrested at the airport for overstay and where transferred to the immigration jail.

I could give you several names of people who where arrested and deported for overstay. ( in most cases must shorter then 4.5 years overstay )

As i work very closely with the immigration department i joined several deportation of people who where arrested.

Till now the immigration department don't really care (unless you have a bad temperate officer) but i would not be surprised that this will change in the future and i would welcome this.

I don't have any problems of people who are willing to do overstay for financial reasons getting arrested.

I have to get my visa in order and don't need more problems because some people are to lazy and give the rest a bad name..

And for your information i live over 24 years in Thailand.

Another poster who does not know, lot of dribble pay money come back simple as that sick of the hanging higm mod if you want to change rules do so

(As i work very closely with the immigration department i joined several deportation of people who where arrested) what a LOAD OF CRAP .

Edited December 31, 2013 by MikeandDow

[Mario2008]

Since we stopped discussing the original question and are now on the border of trading insults over a discussion that has been held numerous times in the past and I am afraid will also be discussed numerous times in the future, going around in the same circle:

CLOSED.