Thailand Immigration confirms new overstay rules are now official

[DP25]

Normally immigration will not check on the way to the airport. But I suspect that if they see that you have a ticket out and plan to leave and deal with the overstay they will just allow you to go to the airport.

Deportation would be a lot of unnesecarry paperwork.

AHAHAHAHAHAHA

I suspect they will escort you to the nearest ATM to withdraw 20,000 baht.

[Pattszero]

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.

I don`t need my head looked at.

I still believe they could give people on overstay more than a couple of weeks to gather enough money for a ticket home including the overstay fine. That`s quite a bit of money for people who live overseas.

And also, do they really expect everyone to sit around by their computers every day 24/7, to get the latest immigration news, just when they are released?

They come up with something new every month.

Some slack should have been given here, not just a matter of days.

Have in mind that overstayers are just that for a reason, and one of them are surely financial. A few days to gather the funds, is just not sufficient for many of us.

I'm sure many agree with you. But this is an anonymous forum which unfortunately attracts a lot of holier than thou people with nothing better to do in their life than feel happy at others misfortune. Probably the only thing they have in their own life to feel happy about.

Not sure what I would do myself in your place, with children and all. Horrible situation to be in so unexpectedly, so best of luck.

Over the past three weeks there have been pages and pages of people warning that overstayers should get out and take care of their situation before the policy was officially announced. I was one of the members offering that advice.

Search through my posting history and you will see that I have never condemned overstayers - I know things can go wrong.

Here, though, lies the problem - the warning was posted here and on many visa company sites - and yet? A coterie of overstayers chose to stay

While thousands, literally thousands more acted - Vientiane has been bursting at the seems for weeks .

I'm not condemning overstayers. I am now condemning people people who knew that this proposal had been floated and are moaning about not getting an amnesty -

And for all you out there that are under the illusion that the clampdown was announced "by rumour" on Thaivisa -

The first reports came in from visa websites, and Facebook pages - Thaivisa then confirmed the reports and announced it.

[JordanJames]

so what are our chances if we have overstay and we want to clear it.what are we to do? in case of and overstay for more than a year.

Leave via an airport before the ban comes in sometime in September (leave in July or August basically). Pay your fine at the airport. Be nice, polite and respectful and you will have no problems.

Then go to another country and get a valid visa. Whether that's a tourist visa or not. And then come back.

I would recommend, however, getting back to Thailand before the 12th August when the new 'no back to back tourist visas' goes into effect. If you have paid your fine, left, got a visa and come back before Aug 12th, you should have no problem. After that, you may very well have problems trying to get back in.

Oh and don't believe the stirrers on TV, trying to insinuate you'll be thrown in jail, be banned for a year, be basically up the creek without a paddle. Not true until the new ban law goes into effect in September. Wait until then, however, and yes, you will have few options left and will end up with a multiple-year ban.

And btw, Thai immigration are not the idiots some people on here make them out to be. I've had many dealings with hundreds of people from immigration over the years and never had a problem, as I choose to be polite and respectful and treat them like the human beings they are. Go with an attitude, however, and you honestly get what you're asking for as you would in any other country in the world. And no, I'm not lecturing, it's just common sense but, from the many farangs I've seen in the middle of some heated argument with an immigration official, it doesn't appear to be common sense to some.

[Pattszero]

^^ Has it been confirmed that the new regulations will come into effect in September?

[bangkoklasse]

Can someone confirm the apprehended cases are only taken into account when the overstay is over 90 days ?

THE STATEMENT SAYS:

If you overstay 90 days or more (less than a year), and turn yourself in as you exit (via airport) - then you are blacklisted for 1 year (+ fine).

If you overstay 1 day, and are aprehended - then you are blacklisted for 1 year (+ fine / + IDC nightmare).

It is very simple and clear.

Very simple and clear but you are wrong

[sjaak327]

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

Now, the first (bolded) line seems to indicate any of the below is only applicable when someone overstays more than 90 days. Yet they bother to specify the 90 days again in the first case (the one where someone ends up at the border or at the airport) but not at the second case (the case in which someone is apprehended).

This raises the question why they specifically mention overstay more than 90 days, forbidden 1 year instead of Overstay less than 1 year, forbidden 1 year, which in this case is the same thing IF the bolded line is denoting that in all case this is only valid for people overstaying over 90 days.

The question here would simply be, why the wording at the apprehended case doesn't simply state overstay more than 90 days, forbidden 5 years. It specifically states overstay less than 1 year, which is a deviation for the first stated cases.

For now, I would like immigration to clarify this, as for now, the text is open to interpretation.

Here's your confusion: 'less than 1 year' means '1 year or less'.

Get it now?

If aprehended:

1 year OR less, forbidden 5 years / More than 1 year, forbidden 10 years.

Trust it, that's what is says. It's not complicated. And they won't find it complicated, either.

I am not at all confused about the meaning of less than 1 year.

Again, the bolded text seems to indicate the penalties are applicable for any Alien that overstays for more than 90 days, yet they indeed specify the same 90 days again in the first case, but not in the second case.

To me this reads exactly what you seem to read: in the case of apprehension, and the overstay period is anything from 1 day to 364 days will lead to a blacklisting of five years.

Yet, the bolded text speaks of an overstay of over 90 days and then list all the cases possible.

They should clarify this.

It's a pretty simple and justified question considering the wording. Does someone who overstayed for 89 days and gets apprehended will receive a 5 year ban based on this new law. Does someone who overstayed for just one day receive the same punishment. It is clear that someone who overstayed 91 days and gets apprehended will indeed have to look forward to a five year ban, the first two cases, I am not so sure.

Edit to add, Even though the wording seems to indicate (at least partially) that in case of apprehension even a one day overstay will lead to a ban, in terms of reasonal application of law, this seems outragreous and extremely unfair, especially since the alien that doesn't get apprehended with the same period of overstay would be allowed to leave at the airport, without even paying the 500 baht fine.

Therefore I do believe the bolded text applies to all cases, but they should clarify it, and change the less than one year text into over 90 days.

Edited July 23, 2014 by sjaak327

[JordanJames]

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.

I don`t need my head looked at.

I still believe they could give people on overstay more than a couple of weeks to gather enough money for a ticket home including the overstay fine. That`s quite a bit of money for people who live overseas.

And also, do they really expect everyone to sit around by their computers every day 24/7, to get the latest immigration news, just when they are released?

They come up with something new every month.

Some slack should have been given here, not just a matter of days.

Have in mind that overstayers are just that for a reason, and one of them are surely financial. A few days to gather the funds, is just not sufficient for many of us.

I'm sure many agree with you. But this is an anonymous forum which unfortunately attracts a lot of holier than thou people with nothing better to do in their life than feel happy at others misfortune. Probably the only thing they have in their own life to feel happy about.

Not sure what I would do myself in your place, with children and all. Horrible situation to be in so unexpectedly, so best of luck.

Over the past three weeks there have been pages and pages of people warning that overstayers should get out and take care of their situation before the policy was officially announced. I was one of the members offering that advice.

Search through my posting history and you will see that I have never condemned overstayers - I know things can go wrong.

Here, though, lies the problem - the warning was posted here and on many visa company sites - and yet? A coterie of overstayers chose to stay

While thousands, literally thousands more acted - Vientiane has been bursting at the seems for weeks .

I'm not condemning overstayers. I am now condemning people people who knew that this proposal had been floated and are moaning about not getting an amnesty -

And for all you out there that are under the illusion that the clampdown was announced "by rumour" on Thaivisa -

The first reports came in from visa websites, and Facebook pages - Thaivisa then confirmed the reports and announced it.

Wrong. It has never officially been announced by Thai immigration until the notice yesterday, other than through newspaper interviews with a couple of Thai immigration officials, which Thai Visa then picked up. Visa websites and Facebook are not official Thai immigration channels.

The official announcement of the date of the ban will be WHEN the new law has been approved. It has not been approved yet. (I don't know why this is so difficult to understand for some?). That is why Immigration is now telling anyone who asks them, the ban will likely go into effect in September once approval has been given.

Once the new law is approved, there will then be an official announcement with a date of when the ban goes into effect, just like there was about the 'back to back tourist visas' with an official date of August 12th, and just like there has been about just about every other major change to Thai immigration law.

Until that point, WITH NO BAN CURRENTLY IN EFFECT (are people understanding this yet?), you can safely leave the country and pay your fine.

There's nothing more complicated than this, regardless that some folks on here seem to be delighting in complicating the issue.

[paz]

Leave via an airport before the ban comes in sometime in September (leave in July or August basically). Pay your fine at the airport. Be nice, polite and respectful and you will have no problems.

Then go to another country and get a valid visa. Whether that's a tourist visa or not. And then come back.

I would recommend, however, getting back to Thailand before the 12th August when the new 'no back to back tourist visas' goes into effect. If you have paid your fine, left, got a visa and come back before Aug 12th, you should have no problem. After that, you may very well have problems trying to get back in.

Oh and don't believe the stirrers on TV, trying to insinuate you'll be thrown in jail, be banned for a year, be basically up the creek without a paddle. Not true until the new ban law goes into effect in September. Wait until then, however, and yes, you will have few options left and will end up with a multiple-year ban.

And btw, Thai immigration are not the idiots some people on here make them out to be. I've had many dealings with hundreds of people from immigration over the years and never had a problem, as I choose to be polite and respectful and treat them like the human beings they are. Go with an attitude, however, and you honestly get what you're asking for as you would in any other country in the world. And no, I'm not lecturing, it's just common sense but, from the many farangs I've seen in the middle of some heated argument with an immigration official, it doesn't appear to be common sense to some.

All good with that, they only problem is that some border posts make their own rules - e.g. not allowed to exit even if willing to pay overstay fine - sent to BKK. Not allowed to entry because of old cleared overstay. Not allowed to entry on TR visa. These are rare occurrences and probably could be dealt with on a case by case basis but that is enough to get some people in panic.

[bangkoklasse]

Friend of mine - overstay 6 months. Exited Thailand yesterday (Tues, July 22) via Sawanabhumi and paid 20k fine.

He wrote me just now from Phenom Phen, Cambodia - saying that exiting Suwanabhumi was no problem. He said they were friendly, no blacklisting, and 'said' he could return with his new visa no problem. Now he is waiting a few days for new TR, in Cambodia. Slightly nervous about re-entry, but no blacklisting yesterday.

He did one very smart thing: He had secured a new (British) passport already. So, he exited with the original (overstay) passport, and will re-enter with the new passport, with the TR in the new one.

____

Interesting note: last week, he tried to leave by land into Cambodia, and pay overstay at that time, and they refused him exit. Would not accept his fine payment, and sent him back (on his own) to exit by air instead (sorry, can't remember which border point exactly). He was surprised, because the officers knew he was on overstay, and still let him travel through Thailand to come back to BKK without issue.

Every day either you or a friend have done some long overstay yes sure we belive it

[JordanJames]

Leave via an airport before the ban comes in sometime in September (leave in July or August basically). Pay your fine at the airport. Be nice, polite and respectful and you will have no problems.

Then go to another country and get a valid visa. Whether that's a tourist visa or not. And then come back.

I would recommend, however, getting back to Thailand before the 12th August when the new 'no back to back tourist visas' goes into effect. If you have paid your fine, left, got a visa and come back before Aug 12th, you should have no problem. After that, you may very well have problems trying to get back in.

Oh and don't believe the stirrers on TV, trying to insinuate you'll be thrown in jail, be banned for a year, be basically up the creek without a paddle. Not true until the new ban law goes into effect in September. Wait until then, however, and yes, you will have few options left and will end up with a multiple-year ban.

And btw, Thai immigration are not the idiots some people on here make them out to be. I've had many dealings with hundreds of people from immigration over the years and never had a problem, as I choose to be polite and respectful and treat them like the human beings they are. Go with an attitude, however, and you honestly get what you're asking for as you would in any other country in the world. And no, I'm not lecturing, it's just common sense but, from the many farangs I've seen in the middle of some heated argument with an immigration official, it doesn't appear to be common sense to some.

All good with that, they only problem is that some border posts make their own rules - e.g. not allowed to exit even if willing to pay overstay fine - sent to BKK. Not allowed to entry because of old cleared overstay. Not allowed to entry on TR visa. These are rare occurrences and probably could be dealt with on a case by case basis but that is enough to get some people in panic.

That's why I said 'leave via an airport' Immigration announced in several newspaper articles that land border crossings were no longer possible for most and that people must leave by an airport. A friend who is on overstay called a visa run company yesterday and was told they cannot take anyone with an overstay as they are not currently being let out of the country at land borders. At an airport, though, no problem.

[John1thru10]

Can someone confirm the apprehended cases are only taken into account when the overstay is over 90 days ?

THE STATEMENT SAYS:

If you overstay 90 days or more (less than a year), and turn yourself in as you exit (via airport) - then you are blacklisted for 1 year (+ fine).

If you overstay 1 day, and are aprehended - then you are blacklisted for 1 year (+ fine / + IDC nightmare).

It is very simple and clear.

Very simple and clear but you are wrong

I was wrong by stating that if aprehended, 1 year or less results in 1 year ban - it's 5 year ban. I already apologized for the typo. Feel better now?

Edited July 23, 2014 by John1thru10

[JordanJames]

^^ Has it been confirmed that the new regulations will come into effect in September?

As far as I'm concerned it has.

After all, who am I going to believe? The nice woman I spoke to this morning at immigration, and the two other people I know who also called immigration today and were told the same thing by two other immigration officials (men, not a woman), as well as the person who posted saying Don Mueang had also just told him the same thing, and the fact that NO official statement has been made about the date the ban goes into effect.

Or...some random rumors on Thai Visa by a bunch of farangs who haven't spoken to anyone at immigration, don't seem to understand there is a 60-day approval wait before this new law can be in effect, and seem to love stirring the pot by spreading misinformation and conjecture.

Hmmmmm. Let me see

On that note. I don't have any more time to waste on this. I know what immigration told me. The friend who has an overstay was also told the same thing (and yes, I actually DO have friends, and one actually DOES have an overstay). For the rest of you. Believe it or not. But I honestly don't see the point in you losing sleep over something that is nothing more than yet another TV rumor.

Bye and good luck with it.

[TaoNow]

Jordan: The title of the thread was that the "new overstay rules are official."

Subsequent information suggests that may have been pre-mature, since it may not take effect for two months.

But still, you can understand why some overstayers thought they were cooked and why people posted advice.

It's not just the typical TV trolls, but many ex-pats trying to understand how this and the "out-in" will be enforced.

The best information will come from first-hand trip reports in the coming weeks and months.

In the MEAN time, all the TV mega-posters should give the Forum a rest .

[Pattszero]

@JordanJames

I can see you have a problem comprehending the English language. So busy trying to be right you overlook what was written - I clearly said -

"the warning"

Was posted on websites, Facebook and TV ....... I did not say the policy was announced.

The proposal was floated - and people were warned to get their act together.

Some did - some didn't.

Full stop.

As for the September issue - it will be great if it turns out to be correct - hopefully Thaivisa or Scott Mallon can confirm

[thaibreaker]

I can`t see the confusion here.

I understand it like this: The ban will only take affect from after day 90, regardless if you are apprehended or not.

First they clearly write that overstays more than 90 days will be punished by blacklisting.

Then comes the apprehending issue, that says "less than a year".

It is obvious to me that this means the latter statement is meant to be from 90 days up to a year, which gives a 5 year ban (if apprehended).

Less then that, you will be detained and prisonised, but not blacklisted.

I can`t see the confusion of just ONE day should result in a ban for 5 years. The immigration officials are not monsters, but I agree, this should be made more clear in the text.

Edited July 23, 2014 by thaibreaker

[thaibreaker]

@JordanJames

I can see you have a problem comprehending the English language. So busy trying to be right you overlook what was written - I clearly said -

"the warning"

Was posted on websites, Facebook and TV ....... I did not say the policy was announced.

The proposal was floated - and people were warned to get their act together.

Some did - some didn't.

Full stop.

As for the September issue - it will be great if it turns out to be correct - hopefully Thaivisa or Scott Mallon can confirm

And some of us actually DID react, and was busy gathering the money for the overstay and tickets, as you clearly miss out in your statement.

These are not people who should have their heads checked out, or people you should condemn, but people who sincerely try to figure this out, but need more time.

[Mario2008]

New notice confirms rules are being considered (so not in effect yet)

[sjaak327]

Still the confusing text. One would think more clarity is needed here.

[thaibreaker]

Thanks for clearifying that, Mario2008. This is good news for many of us. Off we go then.

And at the same time, I can`t see why there should be any doubt that the blacklisting starts after 90 days, not from day one, if apprehended.

The words "as follow", should clearify that.

Edited July 23, 2014 by thaibreaker

[Mario2008]

Still the confusing text. One would think more clarity is needed here.

Since they are considered, they are not in effect as they have not been approved yet.

In short: if you have an overstay, take car of it now before the rules do come into effect.

[shocky2004]

I can confirm what Mario & JordanJames said.

I've actually spoken with 3 different immigration this morning (we called in CMX, BKK & Phuket cause we really wanted to make sure that we get the right answer since sometimes they tend to contradict themselves)

All of them were unanimous: You're not gonna get blacklisted if you leave NOW (by now i mean not later than this week-end, after that i can't help.)

We, ourselves, went out together last friday out by air at CNX INT Airport and my friend paid his 11months overstay fine and they just literally offered him cofee and told him to get the right visa and that he wouldnt have a problem coming back. After what we saw here by some people, we really wanted to make sure so we called this morning and they all said the same thing:

If you have the right visa, and if you haven't had a blacklist stamp in your passeport on your way out (which won't happen since the law isn't in place) then you will be back in.

I asked if there would be a problem having a big overstay stamp in the passeport when you try to go back in and they say 'no as long as you have the right visa now because the law aren't in effect and will most likely not be retroactive.'

But please, go out now. Stop being paranoid about it. Many people here posted about exiting without a problem. You will be fine but posting on TV for days asking the same question won't help. Just go out now, make a plan and comeback.

[culicine]

look folks, it's their country. We're just guests.

Visitors....guests are invited:)

[Mercurialm]

Is there anyone/or anyone knows someone got a tourist visa in Phnom Penh after long overstay?

[shocky2004]

Is there anyone/or anyone knows someone got a tourist visa in Phnom Penh after long overstay?

My friend.

What i can suggest you is once you're in Phnom Penh, go at the Guesthouse called '11 Happy Backpackers'. They make visa service (it was something like 45$ for a 4 days waiting) and they do everything for you. I guess it's the easiest way since you won't have to go to immigration and all.

Plus it's a really cool place. 7$ per night, great ambiance, amazing food and good rooftop.

goodluck to you

[Mercurialm]

Is there anyone/or anyone knows someone got a tourist visa in Phnom Penh after long overstay?

My friend.

What i can suggest you is once you're in Phnom Penh, go at the Guesthouse called '11 Happy Backpackers'. They make visa service (it was something like 45$ for a 4 days waiting) and they do everything for you. I guess it's the easiest way since you won't have to go to immigration and all.

Plus it's a really cool place. 7$ per night, great ambiance, amazing food and good rooftop.

goodluck to you

Thank you for your advice but that's actually where my problem begins. Today I went to an agency and he told me that They don't issue visa to Turkish, Chinese, Philipino and Pakistani passports.(I'm a turkish citizen and have around 380 days overstay in my passport) I was totally shocked as I have no idea what kind of problem there could be with Turkish, Chinese or Philipino passports as there are lots of people going to visit Thailand as tourist from those countries. Then I contacted to Turkish embassy in Phnom Penh and They called Thai embassy and talked about my situation and about what that agency has said. Thai embassy told them there's not such a thing but that they will consider my situation based on how long I overstayed and what are my reasons are. Then I contacted another visa agency and they also told me they can't get me tourist visa because of that I have overstay stamp in my passport.

Can you please tell me contact address of the guesthouse/agency you mentioned or can you contact them and ask if they can obtain visa for a turkish citizen who has overstay stamp on his passport?

[ZoeLife]

Here's a question: If someone does NOT overstay, but has a regular tourist visa, for how long must they leave Thailand before they can return and get another tourist visa? What do the new rules say about people having back-to-back tourist visas to stay in Thailand?

Thank you!

[JockPieandBeans]

Here's a question: If someone does NOT overstay, but has a regular tourist visa, for how long must they leave Thailand before they can return and get another tourist visa? What do the new rules say about people having back-to-back tourist visas to stay in Thailand?

Thank you!

" What do the new rules say about people having back-to-back tourist visas to stay in Thailand? "

This is the whole crux of the clampdown. You are not meant to STAY in Thailand on a TOURIST VISA.

[hullupullo]

Free beer in thaivisa loungebar for every thaivisa member who has been member more than 90 days!

Rules:

If You come alone and

You have been member more than 90days, 1 free beer!
You have been member more than 1 year, 3 free beers!
You have been member more than 3 years, 5 free beers!
You have been member more than 5 years, 10 free beers!

If You come whit ultimate sexy lady and

You have been member under 1 year, 5 free beers!
You have been member over 1 year, 10 free beers!

So how many free beers for member who has been member 30 days and come with ultimate sexy lady?

Edited July 23, 2014 by hullupullo

[zydeco]

I asked if there would be a problem having a big overstay stamp in the passeport when you try to go back in and they say 'no as long as you have the right visa now because the law aren't in effect and will most likely not be retroactive.'

"Most likely???" They don't know for sure? Were those the precise words?

[zydeco]

I asked if there would be a problem having a big overstay stamp in the passeport when you try to go back in and they say 'no as long as you have the right visa now because the law aren't in effect and will most likely not be retroactive.'

"Most likely???" They don't know for sure? Were those the precise words?