Thailand Immigration confirms new overstay rules are now official

[shocky2004]

No, i meant the way they spoke to me made me feel like it won't be retroactive but can't say for sure. The way it's gonna be (i think) is once the law is applied they literally gonna stamp people passeport and put it in the system.

That's just my 2 cents though...

[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!

" 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.

Sorry I'm <deleted> up ok lets start again... how long must they leave Thailand before they can return and get another tourist visa to VISIT Thailand?? (not stay but just make a trip to visit, something like that)

Thanks

[Adeeos]

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.

YA,,,, clear as MUD!,,,, so if 1 day overstay, ONE DAY!,,,, and stopped in a cab, 5 YEAR BAN!,,,, sounds fair huh?.... So honestly,, if you're on a 1 DAY overstay,,, MIGHT as WELL, go ahead and stay another 88 days,,, don't get, "apprehended" and "turn yourself in ON EXIT,, get 1 year ban, versus 5 years if caught on the 2nd, 3rd, 6th, etc day of overstay,,, YA,,,, sounds CLEAR ENOUGH!

Edited July 23, 2014 by Adeeos

[carstenp]

Did your injured friend not liason with the hospital staff to get a medical exemption based in signed documents by attending physician?

Yes he did, but was 3 days late so has to pay there overstay. Good service from the hospital, but got a 2 month extension based on hes illness

Forgot toll. the immigration needed picture of him in the bed in the ICU

Edited July 23, 2014 by carstenp

[JordanJames]

LOL, what I think is hilarious is a huge percentage of the people on here are obviously teachers, yet seem to be having problems understanding rudimentary English.

Visa ban not in effect, as I stated this morning after a phone call to Immigration, and that has now officially been confirmed by Thai immigration in a hastily put together notice, as they have obviously read these forums and probably can't believe a group of adults are having this much trouble with this.

According to Thai immigration officials (several of whom have been spoken to by several different people today - some on TV, some not), it wil not go into effect until September as it takes 60 days to approve it, which has been stated all along by a variety of Thai immigration officials (so the person posting about 'get out this weekend' is, yet again, stirring the pot).

And NO it's not retroactive. Seriously people.

If you had an overstay in the past - you paid your fine. Subject closed. It is NOT retroactive, as your 'punishment' for that overstay was the fine.

Honestly. I can't take any more of this. The sheer cluelessness is doing my head in. Good night.

[Jimi007]

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.

YA,,,, clear as MUD!,,,, so if 1 day overstay, ONE DAY!,,,, and stopped in a cab, 5 YEAR BAN!,,,, sounds fair huh?....

Quite simple, DON'T OVERSTAY! Are you clear now? No one said; life is "fair."

[SoFarAndNear]

Now finally allow people with wife or children in this country to live and work here without restrictions or as freelancer with an thai taxed income which comes from outside of thailand.

[Pattszero]

LOL, what I think is hilarious is a huge percentage of the people on here are obviously teachers, yet seem to be having problems understanding rudimentary English.

Visa ban not in effect, as I stated this morning after a phone call to Immigration, and that has now officially been confirmed by Thai immigration in a hastily put together notice, as they have obviously read these forums and probably can't believe a group of adults are having this much trouble with this.

According to Thai immigration officials (several of whom have been spoken to by several different people today - some on TV, some not), it wil not go into effect until September as it takes 60 days to approve it, which has been stated all along by a variety of Thai immigration officials (so the person posting about 'get out this weekend' is, yet again, stirring the pot).

And NO it's not retroactive. Seriously people.

If you had an overstay in the past - you paid your fine. Subject closed. It is NOT retroactive, as your 'punishment' for that overstay was the fine.

Honestly. I can't take any more of this. The sheer cluelessness is doing my head in. Good night.

Your arrogance is astounding.

You may not be aware that there are multiple reports of people being given a hard time by immigration for past overstays when they present themselves at the border.

Take a deep breath and pay more attention as to what is happening around you - and don't assume that immigration will take a clean slate approach to past overstay.

[Enjoyurlife]

So it's clear that many people will go to great lengths to stay in Thailand on as little money as possible, or not? Changing your name and getting a new passport to get a clean sheet -- Geeeezzzzz. Overstaying 88 days ? --- Geeeezzzzzz. I am not here to pass a judgement it just all seems a bit extreme.

[CharlieH]

A number of posts have been removed.

As a matter of Netiquette please do not use all caps when posting.

7) Respect fellow members by posting in a civil manner: do not launch personal attacks, or be hateful or insulting towards other members, ie No flaming

[sjaak327]

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.

That's one way of looking at it. At closer inspection questions arise as to why the wording is different. The least offense when not apprehended clearly states overstay of more then 90 days, yet when apprehended they suddenly say less than one year, which is not the same.

If the word follow would make it clear, the wording should have been more than 90 days, yet it isn't.

[sjaak327]

YA,,,, clear as MUD!,,,, so if 1 day overstay, ONE DAY!,,,, and stopped in a cab, 5 YEAR BAN!,,,, sounds fair huh?....

Quite simple, DON'T OVERSTAY! Are you clear now? No one said; life is "fair."

Of course life isn't fair does not describe what a 5 year ban for one day overstay would be called. Utterly ridiculous, outrageous, unbelievable and more of this come to mind. But then again the Thai have always been hung up over a simple matter such as overstay. They should relax a bit, the real problem cases aren't going to be screaming bloody murder anyway, they continue to be below the radar in any case.

[F4UCorsair]

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.

Thank god there aren't many like him Karen!!!

He reminds me of Y2K who posts here on TV.

[sustento]

YA,,,, clear as MUD!,,,, so if 1 day overstay, ONE DAY!,,,, and stopped in a cab, 5 YEAR BAN!,,,, sounds fair huh?....

Quite simple, DON'T OVERSTAY! Are you clear now? No one said; life is "fair."

Of course life isn't fair does not describe what a 5 year ban for one day overstay would be called. Utterly ridiculous, outrageous, unbelievable and more of this come to mind. But then again the Thai have always been hung up over a simple matter such as overstay.

The Thais have never been hung up over a simple matter like overstay. That's why so many people have been getting away with it for so long.

What you're seeing is the result of the arrogance of those who think that the rules don't apply to them.

[ScottMallon]

LOL, what I think is hilarious is a huge percentage of the people on here are obviously teachers, yet seem to be having problems understanding rudimentary English.

Visa ban not in effect, as I stated this morning after a phone call to Immigration, and that has now officially been confirmed by Thai immigration in a hastily put together notice, as they have obviously read these forums and probably can't believe a group of adults are having this much trouble with this.

According to Thai immigration officials (several of whom have been spoken to by several different people today - some on TV, some not), it wil not go into effect until September as it takes 60 days to approve it, which has been stated all along by a variety of Thai immigration officials (so the person posting about 'get out this weekend' is, yet again, stirring the pot).

And NO it's not retroactive. Seriously people.

If you had an overstay in the past - you paid your fine. Subject closed. It is NOT retroactive, as your 'punishment' for that overstay was the fine.

Honestly. I can't take any more of this. The sheer cluelessness is doing my head in. Good night.

Before George put this thread up, I did say that it would take 60 days to approve by the Ministry Of Interior. This is what I was told by the Superintendent of Div. 1. last week.

What I find even more humorous than the inability to read is the ability of some to make up their own interpretation of the law or when told exactly what is meant, they choose to ignore what is said because it might mean they can no longer stay in Thailand.

It's very simple, don't overstay. Not even a day.

Edited July 24, 2014 by ScottMallon

[Mr00Farang]

Before George put this thread up, I did say that it would take 60 days to approve by the Ministry Of Interior. This is what I was told by the Superintendent of Div. 1. last week.

What I find even more humorous than the inability to read is the ability of some to make up their own interpretation of the law or when told exactly what is meant, they choose to ignore what is said because it might mean they can no longer stay in Thailand.

Khun Scott,

Thanks for your valuable reporting.

The title headline: Thailand Immigration confirms new overstay rules are now official

Perhaps it should have read: Thailand Immigration officially confirms overstay rules are coming

You have a pal in uniform at the IO and like to help explain the rules, perhaps you might start a new thread that portrays the pending changes correctly.

Let's work together to help the farang who overstayed (whether unfortunate or misguided or foolish or selfish).

Some compassion please.

I hate to think that some honest and decent fellows might miss the opportunity to get their visa status straight because they read somewhere that is is too late.

Likewise, I urge recent overstayers to report their successful visa run and return to Thailand.

[ScottMallon]

Before George put this thread up, I did say that it would take 60 days to approve by the Ministry Of Interior. This is what I was told by the Superintendent of Div. 1. last week.

What I find even more humorous than the inability to read is the ability of some to make up their own interpretation of the law or when told exactly what is meant, they choose to ignore what is said because it might mean they can no longer stay in Thailand.

Khun Scott,

Thanks for your valuable reporting.

The title headline: Thailand Immigration confirms new overstay rules are now official

Perhaps it should have read: Thailand Immigration officially confirms overstay rules are coming

You have a pal in uniform at the IO and like to help explain the rules, perhaps you might start a new thread that portrays the pending changes correctly.

Let's work together to help the farang who overstayed (whether unfortunate or misguided or foolish or selfish).

Some compassion please.

I hate to think that some honest and decent fellows might miss the opportunity to get their visa status straight because they read somewhere that is is too late.

Likewise, I urge recent overstayers to report their successful visa run and return to Thailand.

It doesn't take a genius to figure out that no matter what the penalty, it's best to get an overstay sorted now as opposed to later.

[bangkoklasse]

I don't get the people who like to wait until the last minute to go out !! They like to go ten minutes before the blacklisting starts !! Why not go as soon as possible and quickly make their visa status straight, before it's too late

Edited July 24, 2014 by bangkoklasse

[larsjohnsson]

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?

You where tottaly shocked and have no idea what problem there could be with Turkish people. And you have more than a years overstay. And you are from Turkey.

[bangkoklasse]

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.

agree 100% Karen

[Mr00Farang]

I don't get the people who like to wait until the last minute to go out !! They like to go ten minutes before the blacklisting starts !! Why not go as soon as possible and quickly make their visa status straight, before it's too late

Yea, well, you know, that's just like your opinion man.

Who cares whether you get it?

Edited July 24, 2014 by Mr00Farang

[ScottMallon]

I don't get the people who like to wait until the last minute to go out !! They like to go ten minutes before the blacklisting starts !! Why not go as soon as possible and quickly make their visa status straight, before it's too late

Yea, well, you know, that's just like your opinion man.

Yeah-well-you-know-thats-just-like-your-opinion-man.jpg

Who cares whether you get it?

It's my opinion too and I don't get it either. Why should other foreigners on this forum or elsewhere waste their time on people who choose not to follow the rules? Regardless of the penalties, the rule is DON'T OVERSTAY. So if someone overstays for a year, and then they want help, why didn't they think of this before overstaying?

I have to ask, are you overstayed MrFarang?

Edited July 24, 2014 by ScottMallon

[ScottMallon]

Before George put this thread up, I did say that it would take 60 days to approve by the Ministry Of Interior. This is what I was told by the Superintendent of Div. 1. last week.

What I find even more humorous than the inability to read is the ability of some to make up their own interpretation of the law or when told exactly what is meant, they choose to ignore what is said because it might mean they can no longer stay in Thailand.

Khun Scott,

Thanks for your valuable reporting.

The title headline: Thailand Immigration confirms new overstay rules are now official

Perhaps it should have read: Thailand Immigration officially confirms overstay rules are coming

You have a pal in uniform at the IO and like to help explain the rules, perhaps you might start a new thread that portrays the pending changes correctly.

Let's work together to help the farang who overstayed (whether unfortunate or misguided or foolish or selfish).

Some compassion please.

I hate to think that some honest and decent fellows might miss the opportunity to get their visa status straight because they read somewhere that is is too late.

Likewise, I urge recent overstayers to report their successful visa run and return to Thailand.

Yea, well, you know, that's just like your opinion man...

Couldn't resist.

[Mr00Farang]

Of course I was overstayed.

Why else would I be reading this thread and hiding behind a silly face like The Duderino?

I'm going to collect my passport this afternoon and hopefully there will be a visa for me and an uneventful return to my home of 10 years.

What is your interest in this subject then anyway?

[ScottMallon]

Of course I was overstayed.

Why else would I be reading this thread and hiding behind a silly face like The Duderino?

I'm going to collect my passport this afternoon and hopefully there will be a visa for me and an uneventful return to my home of 10 years.

What is your interest in this subject then anyway?

No idea why you post or why you use the avatar you use. Completely unimportant in my book.

My only interest in the subject of overstaying was providing the original information immigration offered. I'm not overstayed, and other than the one off overstay of one day when I was flying out, I've never been overstayed.

It seems appropriate you didn't like Bangkoklasse's post since you're overstayed. Those that aren't overstayed or who don't overstay have no problem with the revised overstay policy.

[bangkoklasse]

Of course I was overstayed.

Why else would I be reading this thread and hiding behind a silly face like The Duderino?

I'm going to collect my passport this afternoon and hopefully there will be a visa for me and an uneventful return to my home of 10 years.

What is your interest in this subject then anyway?

And now you are bitter and angry at all those people that didn't overstay

Edited July 24, 2014 by bangkoklasse

[KarenBravo]

I've read the posts where over-stayers couldn't leave because they were tending sick people, but, c'mon, they couldn't arrange for someone to take their place for a couple of days?

There are many offshore workers that cannot be home, even when there are emergencies, yet, people organize it so the effects are minimal.

Can't see why over a period of years, why two days away to sort out over-stay wasn't possible.

[silver sea]

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.

That's one way of looking at it. At closer inspection questions arise as to why the wording is different. The least offense when not apprehended clearly states overstay of more then 90 days, yet when apprehended they suddenly say less than one year, which is not the same.

If the word follow would make it clear, the wording should have been more than 90 days, yet it isn't.

Hello sjaak327,

If you overstay less than 90 days and are not apprehended, you are not blacklisted; if you overstay less than a year, but are apprehended, you are blacklisted, even if your overstay is less than 90 days. You want to know why the wording is different.

Reading between the lines - ok, I admit it, I am only speculating - Immigration is giving you up to 90 days to suddenly realise, because you are having so much fun here, that you are on overstay. Rather than running around like a headless chicken, you can use that time to remain calm, book your airline ticket, get to the airport and to report to Immigration to pay your fine.

I reckon that Immigration is being very smart here and deserve credit for letting you have up to 90 days to realise your error and to sort out the problem.

Of course, during those first 90 days, you run the risk of being apprehended. If you are, then you will be blacklisted. If you live in an area where, for instance, there can be military checkpoints, as in the South, or if you are always wandering around the red light district in Bangkok late at night, where, I understand, the police seem to operate a "stop and search" policy, then the risk of being apprehended could be high.

Knowing that during those first 90 days there is a risk of being caught and blacklisted, makes it more likely that you will get things sorted out with Immigration as soon as possible. There's an incentive! If that risk were not there, an overstayer would probably just shrug his shoulders, smile, and not bother going to Immigration until the very last moment.

That's why there's a difference in the wording. You have up to 90 days to get yourself sorted out, but do it as quickly as possible, because if you don't and you are apprehended, the penalty will be more serious than a fine.

Hope that helps.

[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?

You where tottaly shocked and have no idea what problem there could be with Turkish people. And you have more than a years overstay. And you are from Turkey.

So what If i'm from Turkey? Does that make me a criminal? Last year I got my tourist visa from PP easily without any problem. Now I can't get the visa and the problem isn't overstay stamp in my passport as there are dozens of other foreigners getting visa after overstaying years long. The problem is that Ambassador in Cambodia has changed and this new one now decided to not give visa to Turkish, Chinese, Philipino and Pakistani people. My punishment was that 20,000 THB and as they didn't blacklist me, they should have given this tourist visa. In the same situation an American with more overstay than me can get this visa easily by using an agency. That's what I don't understand.

[dingdongrb]

I was in the CM Immigration office yesterday with my Thai wife renewing my annual visa and I had to sign a paper indicating these new rules.

Also there was a farang in there with his Thai wife, a couple of small kids, and what looked to be a couple of possible Thai relatives. I mentioned to my wife that that guy's Thai wife didn't seem to have a very happy face on. My wife mentioned to me that she overheard some of the conversation going on between the Immigration officers and that family. It seems that he overstayed by more than a year and they were going to be deporting him as well as place the 3 year ban on him.

I guess the thought is, be legal or don't get caught.