Thailand Immigration confirms new overstay rules are now official

[paz]

Not to me, but obviously some are having difficulty grasping the concept.

Luckily there is generous teachers like you making things clear!

[Maestro]

I fear this will be a pay day for the BIB. Speed checks may now include a visa check. On the spot bht200 for speeding and bht???? for visa irregularity. Shouldn't take long for the masters of scam to wake to this opportunity. Perish the thought.

You've got one point wrong. A police officer other than an immigration officer will not fine you for overstaying. He can arrest you, if he chooses to do so, and a judge will decide on your sentence and order you to leave the country forthwith. Then it will be up to the immigration bureau to decide whether to blacklist you or not. This is how I understand that it works.

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[Adeeos]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

In the case that alien is being apprehended

Overstay less than 1 year forbidden 5 years

Overstay more than 1 years forbidden 10 years

So,,, a 1 day overstay, aren't you technically, "apprehended" by immigrations at the airport?,, You're banned for 5 years?

Evidently, you havent read most of the preceeding 26 posts...

Actually I HAVE read the ENTIRE thread,,, What is, "APPREHENDED"???,.. does it CLEARLY state, apprehended by police? apprehended by immigrations?, on the road?, in the airport?,,, NO.. it CLEARY, ONLY says, "APPREHENDED" PERIOD!,,, it ALSO clearly says,, "OVERSTAY UNDER 1 YEAR",,, Are you AWARE, 1 DAY, is UNDER 1 YEAR!!!!,,,,,,,

[LivinLOS]

As I said I understand the need to be careful when one has overstayed, but please tell me an instance of random passport inspections? All I can think of IF they happened is that racial profiling would be used as the motive and that's a dangerous precedent that Thailand should not start following - many of us have heard about the outrage a law in Arizona has made on this issue. The reality of course is that random inspections DON'T commonly occur in Thailand - they may legitimately occur as part of an immigration sweep where someone made a tip-off to immigration (and that's when they can be justified). This is the normal procedure in most normal countries - you can't just hassle foreigners and ask them for ID without good cause to suspect they have done something wrong.

Last year they did a sweep in Phuket where many people were not allowed to leave until the original passport (not a copy, not a photo) was collected and presented..

I am told this happened just last few weeks in udon too..

With the current clampdown trends.. I suspect it may increase (a lot).

[LivinLOS]

Yeap - 'thought it was imminent. Those who were putting off their settling of accounts won't be happy campers... Still, MUCH better to get to the airport and turn yourself in than to get caught. Some are suggesting the apprehensions might be a lot of paperwork and therefore not an officer's first choice, but there might be certain "incentives" for getting "collars", too, particularly here at the outset. If you're currently in an overstay status, and rationalizing, you might be playing a dangerous game.

Don't agree with that. Anyone who is currently on an overstay and was going to travel out within the next couple of weeks probably wont now. There isnt really much incentive compared with the risk they have already been taking.

No, this announcement with no amnesty will only deter future overstayers, not make current people surrender. Shame because the Thai state could of made alot of money in those 2/3 weeks if they gave an amnesty, plus would of cleaned out illegals ! Now many will just stay.

The amnesty started three weeks ago when the proposal was announced.

People waiting till the official announcement then crying foul about no amnesty need their heads looked at.

Something isnt 'announced' by rumor of western centric discussion boards..

Unless its a pretty badly organized system.

[manzan]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

In the case that alien is being apprehended

Overstay less than 1 year forbidden 5 years

Overstay more than 1 years forbidden 10 years

So,,, a 1 day overstay, aren't you technically, "apprehended" by immigrations at the airport?,, You're banned for 5 years?

Evidently, you havent read most of the preceeding 26 posts...

Actually I HAVE read the ENTIRE thread,,, What is, "APPREHENDED"???,.. does it CLEARLY state, apprehended by police? apprehended by immigrations?, on the road?, in the airport?,,, NO.. it CLEARY, ONLY says, "APPREHENDED" PERIOD!,,, it ALSO clearly says,, "OVERSTAY UNDER 1 YEAR",,, Are you AWARE, 1 DAY, is UNDER 1 YEAR!!!!,,,,,,,

if you realy think that is the correct interpretation, then 0 days is also under 1 year, isn't it?

i am on 0 days overstay, oh no that is less then 1 year, i will be deported and banned for 5 years.

as stated many times before, the announcement states in bold big letters on top that the warning applies to aliens who overstayed more then 90 days.

[BradinAsia]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

In the case that alien is being apprehended

Overstay less than 1 year forbidden 5 years

Overstay more than 1 years forbidden 10 years

So,,, a 1 day overstay, aren't you technically, "apprehended" by immigrations at the airport?,, You're banned for 5 years?

Evidently, you havent read most of the preceeding 26 posts...

Actually I HAVE read the ENTIRE thread,,, What is, "APPREHENDED"???,.. does it CLEARLY state, apprehended by police? apprehended by immigrations?, on the road?, in the airport?,,, NO.. it CLEARY, ONLY says, "APPREHENDED" PERIOD!,,, it ALSO clearly says,, "OVERSTAY UNDER 1 YEAR",,, Are you AWARE, 1 DAY, is UNDER 1 YEAR!!!!,,,,,,,

In those 26 posts it is explained clearly several times.

[LivinLOS]

_{You guys that overstay will not like this !!}

_{I did two Border Runs to Cambodia and one to Laos in 2004 when I first arrived.now having done that paying for the trips taking away three days from doing something else I decided it was time to go about this the right way. Got a Non-Immigrate O Visa, at the end of th a year obtained a Retirement Extension which I have done every year since. Not fun and cost 4,000THB every year.}

_{So, I guess there are a few reasons for Overstay (1) Too cheap to pay your dues for living here. (2) Can not afford to pay the fees (3) Just love running to the Border every month or two.}

_{For what ever reason you have stiffed Thailand for the fee and they are tired. Take whatever number you want, as to how many Farang live here multiply by 1,900 or 3,800THB and you see why they want to stop it.}

I would be happy to pay 4000/month or 50.000/year for a legal and hassle & worry free yearly visa, with minimum amount of paperwork.

It's not as easy for all of us as you might think.

You can do it for a lot less than 4,000 baht/month.

I'm retired, my non-Thai wife and I stay here legally with a proper visa -- Non-O visa for purpose of retirement.

Note: Most folks call this a retirement visa -- the passport has a big red "RETIREMENT" stamp in it. But some

TV members insist that technically there is no Thai retirement visa. So I don't call it a retirement visa on TV.

We don't do any 90 day reports and only go to immigration once a year. I use a reputable agency that offers

visa assistance. The agency is run by a competent and fully licensed and qualified Aussie attorney.

Contrary to the opinion of some TVers, this service is all legal and above board. The total cost including the

immigration fees, the processing, doing the 90 day reporting for us, comes to about 1,500 baht/month each.

This is what I call "minimum amount of paperwork" and minimum hassle. I pay the fees and sign my name.

If that service is done with someone being under 50 years or not having real proof of your own 800k in the bank, or verified income.. Then it is not 'a reputable company' !!

Simply having someone do your 90 days is easy and legit.. But not falsifying your docs.

[LuckyLew]

i understand the overstay penalty's but surly there are many valid reasons that need to be investigated, I think people being too lazy or runaways are basically a very minute amount

Also if immigration are monitoring these websites ..here a suggestion after my visit to immigration yesterday

WE ARE CUSTOMERS ...SO TREAT US WITH RESPECT...I was treated with contempt yesterday and my questions were more of an irritation to the officer he was more interested in trying to rip my passport apart....all I wanted to know what they exactly required for a 1 year extension of stay,,,,,,,,,i was the only CUSTOMER in there and 12 officers sitting looking bored.....

Thai Visa should start a link...GOOD AND BAD OF THAI IMMIGRATION

Wrong .. their countries their rules

Respect is earned

If you cannot respect their rules and get a proper visa and or stay legit in Thailand why should they respect you?

You are only a guest here

[LivinLOS]

because I'm a well known artist

Wrong.

You are an arrogant well known artist puffed up with a sense of your own self-importance with the imagination of a house-brick..

Thank God I'm not like you.

I strongly suspect the 'well known' is highly relative also..

[LivinLOS]

Does seem a bit harsh on those that get apprehended on the way to the airport with say 10 days of overstay and wont be allowed into Thailand for 5 years.

I suspect common sense would prevail... One would hope..... In that, if the overstayer was in possession of luggage and an in-date flight ticket out, then they would be allowed to proceed to airport immigration.

The document sets out different punishments for simply overstaying, and overstaying and being apprehended.

However, aren't you, technically, apprehended at the airport, by way of handing yourself in?

Sure, they will let you pay the fine and fly out, but wouldn't they also forbid you from entering Thailand for 1 year?

Going to the immigration at the airport and having an overstay.........is a lot different than being picked up by the police (apprehended) and having an overstay.

Immigration and the Police are completely different government departments.

But it is not unknown for police to stop visa run buses for exactly this little income earner... Where before this was simply a cost penalty and problem, not it could be a huge life changing problem.

[LivinLOS]

I fear this will be a pay day for the BIB. Speed checks may now include a visa check. On the spot bht200 for speeding and bht???? for visa irregularity. Shouldn't take long for the masters of scam to wake to this opportunity. Perish the thought.

You've got one point wrong. A police officer other than an immigration officer will not fine you for overstaying. He can arrest you, if he chooses to do so, and a judge will decide on your sentence and order you to leave the country forthwith. Then it will be up to the immigration bureau to decide whether to blacklist you or not. This is how I understand that it works.

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

And technically a police officer shouldnt take 200b at the roadside to allow you not to go pay the fine at the station for 500b.. But they do,

[LivinLOS]

Heres a thought.. Didnt they used to put people on overstay when they couldnt leave the country when having to go to court ?? Or if they were found guilty and served a prison sentance ??

Doesnt that create the situation where you could get an accusation.. Have to defend yourself in court.. Be found entirely innocent.. and still face deportation and blacklisting ??

[Mario2008]

The announcement may very well be written incorrectly, but as written the rules very clearly only apply to overstays of more than 90 days

Warning !

The aliens who violate The Immigration Act, B.E.2522 by overstaying more than 90 days in the Kingdom of Thailand will be forbidden from re-entering the kingdom for a certain period of time as follow ;

Overstay more than 90 days forbidden 1 year

Overstay more than 1 year forbidden 3 years

Overstay more than 3 years forbidden 5 years

Overstay more than 5 years forbidden 10 years

In the case that alien is being apprehended

Overstay less than 1 year forbidden 5 years

Overstay more than 1 years forbidden 10 years

Yes, there are different, harsher rules for overstayers who get caught (as opposed to those who presents themselves). But in the sentence;

"In the case that alien is being apprehended"

the words "that alien" clearly refer to the headline's:

"The aliens who violate The Immigration Act, B.E.2522 by overstaying more than 90 days..."

There really isn't any ambiguity in the text, and I am surprised so many read the text differently. The same point was discussed in the original topic about the change of overstay rules. I know that ThaiVisa has contacts with Immigration, and I think you could do all of us a great favour by contacting Immigration and clearing up this point.

Sophon

I see the point that is being made and now have to say that I agree with that interpetation and my comments about reading it again were wrong.

I still don't think it is the right interpretation, based on the original plans immirgation had and the fact that if you overstay more than 5 years it doesn't matter anymore if you reported yourself or got caught. I thought it was wrong translation or something was missing, but the Thai text says the same as the English translation. Intended or not, it does say that there is only a ban for both categories after more than 90 days of overstay.

[Tao Diver]

Is there a single posting from anyone that has actually left with overstay and been blacklisted ?

Some posters said they would update as they left and maybe posted elsewhere ?

It would be good to have some actual reports rather than the mindless bickering that seems to fill these posts.

Maybe the Mods could open and lock a post that just has actual up to date reports to avoid this ?

I know many people would appreciate it

[BradinAsia]

_{You guys that overstay will not like this !!}

_{I did two Border Runs to Cambodia and one to Laos in 2004 when I first arrived.now having done that paying for the trips taking away three days from doing something else I decided it was time to go about this the right way. Got a Non-Immigrate O Visa, at the end of th a year obtained a Retirement Extension which I have done every year since. Not fun and cost 4,000THB every year.}

_{So, I guess there are a few reasons for Overstay (1) Too cheap to pay your dues for living here. (2) Can not afford to pay the fees (3) Just love running to the Border every month or two.}

_{For what ever reason you have stiffed Thailand for the fee and they are tired. Take whatever number you want, as to how many Farang live here multiply by 1,900 or 3,800THB and you see why they want to stop it.}

I would be happy to pay 4000/month or 50.000/year for a legal and hassle & worry free yearly visa, with minimum amount of paperwork.

It's not as easy for all of us as you might think.

You can do it for a lot less than 4,000 baht/month.

I'm retired, my non-Thai wife and I stay here legally with a proper visa -- Non-O visa for purpose of retirement.

Note: Most folks call this a retirement visa -- the passport has a big red "RETIREMENT" stamp in it. But some

TV members insist that technically there is no Thai retirement visa. So I don't call it a retirement visa on TV.

We don't do any 90 day reports and only go to immigration once a year. I use a reputable agency that offers

visa assistance. The agency is run by a competent and fully licensed and qualified Aussie attorney.

Contrary to the opinion of some TVers, this service is all legal and above board. The total cost including the

immigration fees, the processing, doing the 90 day reporting for us, comes to about 1,500 baht/month each.

This is what I call "minimum amount of paperwork" and minimum hassle. I pay the fees and sign my name.

If that service is done with someone being under 50 years or not having real proof of your own 800k in the bank, or verified income.. Then it is not 'a reputable company' !!

Simply having someone do your 90 days is easy and legit.. But not falsifying your docs.

Yes, you are correct.

I am well over 50 and meet all the requirements, that is what I meant about being legally and above board.

[Showbags]

Why shoud people have to dress to impress? This is a very dated view and a lot of business is conducted in casual clothing these days, especially in hot countries like Thailand. A government official should not make judgments about someone because of their attire and should be civil and polite 100% of the time no matter who they are dealing with. I have to say that some British and US immigration officials are not much better either

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

i understand the overstay penalty's but surly there are many valid reasons that need to be investigated, I think people being too lazy or runaways are basically a very minute amount

Also if immigration are monitoring these websites ..here a suggestion after my visit to immigration yesterday

WE ARE CUSTOMERS ...SO TREAT US WITH RESPECT...I was treated with contempt yesterday and my questions were more of an irritation to the officer he was more interested in trying to rip my passport apart....all I wanted to know what they exactly required for a 1 year extension of stay,,,,,,,,,i was the only CUSTOMER in there and 12 officers sitting looking bored.....

Thai Visa should start a link...GOOD AND BAD OF THAI IMMIGRATION

Treat Immigration Officers with respect and you will get respect in return. Having resided in Thailand for ten years and made sure that I am properly attired and behave appropriately when visiting Immigration I have never had a problem. All too often I have witnessed multi-tattooed individuals with numerous rings in various parts of the body, dressed in sleeveless singlets, shorts and flip-flops arguing with Immigration Officers and bemoaning the fact they think they are being treated unfairly. We are visitors in Thailand and if you do not like the rules then go somewhere else.

The ones that dress to impress usually have something to hide, or are considerably subordinate.

I have always worn shorts, thongs and a tshirt and never had an issue....mind you no beerchang or I love thailand shirts either.

[sickntired]

Are they blacklisting on exit already..?

[Mario2008]

flame and reply removed.

Let's keep it civil.

[Mario2008]

Are they blacklisting on exit already..?

Unknown.

It is intersting to note that Bangkok Immigration is no longer showing the pop-up which announces te overstay rules.

[carstenp]

Are they blacklisting on exit already..?

No people has confirmed yet, but the law say > 90days overstay you get banned. Working from yesterday

[LivinLOS]

I would be happy to pay 4000/month or 50.000/year for a legal and hassle & worry free yearly visa, with minimum amount of paperwork.

It's not as easy for all of us as you might think.

You can do it for a lot less than 4,000 baht/month.

I'm retired, my non-Thai wife and I stay here legally with a proper visa -- Non-O visa for purpose of retirement.

Note: Most folks call this a retirement visa -- the passport has a big red "RETIREMENT" stamp in it. But some

TV members insist that technically there is no Thai retirement visa. So I don't call it a retirement visa on TV.

We don't do any 90 day reports and only go to immigration once a year. I use a reputable agency that offers

visa assistance. The agency is run by a competent and fully licensed and qualified Aussie attorney.

Contrary to the opinion of some TVers, this service is all legal and above board. The total cost including the

immigration fees, the processing, doing the 90 day reporting for us, comes to about 1,500 baht/month each.

This is what I call "minimum amount of paperwork" and minimum hassle. I pay the fees and sign my name.

If that service is done with someone being under 50 years or not having real proof of your own 800k in the bank, or verified income.. Then it is not 'a reputable company' !!

Simply having someone do your 90 days is easy and legit.. But not falsifying your docs.

Yes, you are correct.

I am well over 50 and meet all the requirements, that is what I meant about being legally and above board.

OK so how do you prose that someone under 50 can "do it for a lot less than 4,000 baht/month" ??

The only way that works is corrupt ways.

[Mario2008]

Flame and reply removed.

Bangkok Immigration has indeed removed the notice regarding overstay. That might be a sign the rules are not in effect yet, but will be very soon.

[Mercurialm]

See my post in the 'Overstayers do they have to stay now' topic.

The ban for overstays is not in effect yet. I called Thai immigration and was told it will be in effect by September, so you need to leave by the end of August at the very very latest to get an overstay sorted out.

The clue you should have all had? There is no DATE on the notice that Immigration put up. There is always a date when a policy has been made official. The policy is going into effect, but it has not been approved yet. What you are seeing on the Immigration website is a warning, and the same acknowledgement notice you are now being asked to sign when you enter the kingdom.

Honestly, 15 years in Thailand and I guess I shouldn't be surprised that the same gossipmongers on Thai Visa are still holding their gossipfests with no corroberative evidence as to what they're talking about, and not one person with the gumption to call Immigration to find out (and no, your Thai wife calling, who probably doesn't understand Immigration policy doesn't count).

This is interesting and I hope this is true for my sake and others in the same position as me. I had my Thai wife call them yesterday and by the way she is by no means stupid as she has nearly finished her masters in Law. They told her it was in effect from yesterday. I would really like to know exactly what the situation is before I condemn myself to a year ban. I will have her call them again and see what they say.

My gf called DMK immigration office at the beginning of July and they told her that these new rules will be in effect after 2 months, which is September. I left from Thailand by using DMK airport yesterday and They didn't blacklist me.

[JordanJames]

See my post in the 'Overstayers do they have to stay now' topic.

The ban for overstays is not in effect yet. I called Thai immigration and was told it will be in effect by September, so you need to leave by the end of August at the very very latest to get an overstay sorted out.

The clue you should have all had? There is no DATE on the notice that Immigration put up. There is always a date when a policy has been made official. The policy is going into effect, but it has not been approved yet. What you are seeing on the Immigration website is a warning, and the same acknowledgement notice you are now being asked to sign when you enter the kingdom.

Honestly, 15 years in Thailand and I guess I shouldn't be surprised that the same gossipmongers on Thai Visa are still holding their gossipfests with no corroberative evidence as to what they're talking about, and not one person with the gumption to call Immigration to find out (and no, your Thai wife calling, who probably doesn't understand Immigration policy doesn't count).

This is interesting and I hope this is true for my sake and others in the same position as me. I had my Thai wife call them yesterday and by the way she is by no means stupid as she has nearly finished her masters in Law. They told her it was in effect from yesterday. I would really like to know exactly what the situation is before I condemn myself to a year ban. I will have her call them again and see what they say.

My gf called DMK immigration office at the beginning of July and they told her that these new rules will be in effect after 2 months, which is September. I left from Thailand by using DMK airport yesterday and They didn't blacklist me.

i was told the same thing when I called this morning. A friend also just called Immigration and then called me, as he's on overstay and is worried about not getting out. He was also told the new ban is NOT in effect until September, but that he should leave as soon as possible to get his overstay fixed.

Oh and by the way, I'm not calling your Thai wife 'stupid' I'm just saying most Thais don't understand immigration law when it comes to how it affects farangs, so a lot of the time they call immigration as their husband or boyfriend doesn't understand Thai, only to report back incorrect information as they're not always sure what they're reporting about.

Honestly, I could tell this law was not in effect yesterday when I read the first post in this topic. There was no date as to when the law would come into effect, and there is always a date on a Thai Immigration notice saying that the law will be effective as of that date.

You can also look for a Phuketwan article talking about interviewing the immigration commissioner in Phuket yesterday. He also said the ban is not in effect yet and they don't know the absolute date it will be, as it has not been approved.

Edited July 23, 2014 by JordanJames

[thaigold]

Why not simply obey the immigration laws. Kind of a no-brainer.

[LivinLOS]

Flame and reply removed.

Bangkok Immigration has indeed removed the notice regarding overstay. That might be a sign the rules are not in effect yet, but will be very soon.

Its still there..

http://bangkok.immigration.go.th/popup_anounce.html

It just no longer pops up for the entry of the site.

[Mario2008]

Flame and reply removed.

Bangkok Immigration has indeed removed the notice regarding overstay. That might be a sign the rules are not in effect yet, but will be very soon.

Its still there..

http://bangkok.immigration.go.th/popup_anounce.html

It just no longer pops up for the entry of the site.

Yes, the link is still working. But it doesn't pop-up anymore and there is no link on the immigration website to the information.

I have little doubt the information is true, but the question is when the rules will start take effect.

[FritsSikkink]

Many should never have been allowed, in the first place.... I guess Thailand is like Las Vegas, it is all built on tourism. What can I say? kilosirra

You should travel a bit in Thailand and will see there are loads of places where there are no tourists at all.

[bkkdawg]

See my post in the 'Overstayers do they have to stay now' topic.

The ban for overstays is not in effect yet. I called Thai immigration and was told it will be in effect by September, so you need to leave by the end of August at the very very latest to get an overstay sorted out.

The clue you should have all had? There is no DATE on the notice that Immigration put up. There is always a date when a policy has been made official. The policy is going into effect, but it has not been approved yet. What you are seeing on the Immigration website is a warning, and the same acknowledgement notice you are now being asked to sign when you enter the kingdom.

Honestly, 15 years in Thailand and I guess I shouldn't be surprised that the same gossipmongers on Thai Visa are still holding their gossipfests with no corroberative evidence as to what they're talking about, and not one person with the gumption to call Immigration to find out (and no, your Thai wife calling, who probably doesn't understand Immigration policy doesn't count).

This is interesting and I hope this is true for my sake and others in the same position as me. I had my Thai wife call them yesterday and by the way she is by no means stupid as she has nearly finished her masters in Law. They told her it was in effect from yesterday. I would really like to know exactly what the situation is before I condemn myself to a year ban. I will have her call them again and see what they say.

My gf called DMK immigration office at the beginning of July and they told her that these new rules will be in effect after 2 months, which is September. I left from Thailand by using DMK airport yesterday and They didn't blacklist me.

i was told the same thing when I called this morning. A friend also just called Immigration and then called me, as he's on overstay and is worried about not getting out. He was also told the new ban is NOT in effect until September, but that he should leave as soon as possible to get his overstay fixed.

Oh and by the way, I'm not calling your Thai wife 'stupid' I'm just saying most Thais don't understand immigration law when it comes to how it affects farangs, so a lot of the time they call immigration as their husband or boyfriend doesn't understand Thai, only to report back incorrect information as they're not always sure what they're reporting about.

Honestly, I could tell this law was not in effect yesterday when I read the first post in this topic. There was no date as to when the law would come into effect, and there is always a date on a Thai Immigration notice saying that the law will be effective as of that date.

You can also look for a Phuketwan article talking about interviewing the immigration commissioner in Phuket yesterday. He also said the ban is not in effect yet and they don't know the absolute date it will be, as it has not been approved.

No worries mate I knew you weren't Anyway just called Don Muaeng and it is indeed not in effect till at least September. I'm going up to Laos tonight to get sorted. Thanks for the info